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Title 14

Aeronautics and Space


Parts 110 to 199

Revised as of January 1, 2016

Containing a codification of documents


of general applicability and future effect

As of January 1, 2016

Published by the Office of the Federal Register


National Archives and Records Administration
as a Special Edition of the Federal Register
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U.S. GOVERNMENT OFFICIAL EDITION NOTICE

Legal Status and Use of Seals and Logos


The seal of the National Archives and Records Administration
(NARA) authenticates the Code of Federal Regulations (CFR) as
the official codification of Federal regulations established under
the Federal Register Act. Under the provisions of 44 U.S.C. 1507, the
contents of the CFR, a special edition of the Federal Register, shall
be judicially noticed. The CFR is prima facie evidence of the origi-
nal documents published in the Federal Register (44 U.S.C. 1510).
It is prohibited to use NARA’s official seal and the stylized Code
of Federal Regulations logo on any republication of this material
without the express, written permission of the Archivist of the
United States or the Archivist’s designee. Any person using
NARA’s official seals and logos in a manner inconsistent with the
provisions of 36 CFR part 1200 is subject to the penalties specified
in 18 U.S.C. 506, 701, and 1017.

Use of ISBN Prefix


This is the Official U.S. Government edition of this publication
and is herein identified to certify its authenticity. Use of the 0–16
ISBN prefix is for U.S. Government Publishing Office Official Edi-
tions only. The Superintendent of Documents of the U.S. Govern-
ment Publishing Office requests that any reprinted edition clearly
be labeled as a copy of the authentic work with a new ISBN.

U.S. GOVERNMENT PUBLISHING OFFICE

U.S. Superintendent of Documents • Washington, DC 20402–0001


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http://bookstore.gpo.gov
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Phone: toll-free (866) 512-1800; DC area (202) 512-1800


archives.ai</GPH>

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Table of Contents
Page
Explanation ................................................................................................ v

Title 14:

Chapter I—Federal Aviation Administration, Department of


Transportation (Continued) ......................................................... 3

Finding Aids:

Table of CFR Titles and Chapters ....................................................... 903

Alphabetical List of Agencies Appearing in the CFR ......................... 923

List of CFR Sections Affected ............................................................. 933


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Cite this Code: CFR

To cite the regulations in


this volume use title,
part and section num-
ber. Thus, 14 CFR 110.1
refers to title 14, part
110, section 1.
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Explanation
The Code of Federal Regulations is a codification of the general and permanent
rules published in the Federal Register by the Executive departments and agen-
cies of the Federal Government. The Code is divided into 50 titles which represent
broad areas subject to Federal regulation. Each title is divided into chapters
which usually bear the name of the issuing agency. Each chapter is further sub-
divided into parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year and issued
on a quarterly basis approximately as follows:
Title 1 through Title 16..............................................................as of January 1
Title 17 through Title 27 .................................................................as of April 1
Title 28 through Title 41 ..................................................................as of July 1
Title 42 through Title 50 .............................................................as of October 1
The appropriate revision date is printed on the cover of each volume.
LEGAL STATUS
The contents of the Federal Register are required to be judicially noticed (44
U.S.C. 1507). The Code of Federal Regulations is prima facie evidence of the text
of the original documents (44 U.S.C. 1510).
HOW TO USE THE CODE OF FEDERAL REGULATIONS
The Code of Federal Regulations is kept up to date by the individual issues
of the Federal Register. These two publications must be used together to deter-
mine the latest version of any given rule.
To determine whether a Code volume has been amended since its revision date
(in this case, January 1, 2016), consult the ‘‘List of CFR Sections Affected (LSA),’’
which is issued monthly, and the ‘‘Cumulative List of Parts Affected,’’ which
appears in the Reader Aids section of the daily Federal Register. These two lists
will identify the Federal Register page number of the latest amendment of any
given rule.
EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal Reg-
ister since the last revision of that volume of the Code. Source citations for
the regulations are referred to by volume number and page number of the Federal
Register and date of publication. Publication dates and effective dates are usu-
ally not the same and care must be exercised by the user in determining the
actual effective date. In instances where the effective date is beyond the cut-
off date for the Code a note has been inserted to reflect the future effective
date. In those instances where a regulation published in the Federal Register
states a date certain for expiration, an appropriate note will be inserted following
the text.
OMB CONTROL NUMBERS
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The Paperwork Reduction Act of 1980 (Pub. L. 96–511) requires Federal agencies
to display an OMB control number with their information collection request.

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Many agencies have begun publishing numerous OMB control numbers as amend-
ments to existing regulations in the CFR. These OMB numbers are placed as
close as possible to the applicable recordkeeping or reporting requirements.
PAST PROVISIONS OF THE CODE
Provisions of the Code that are no longer in force and effect as of the revision
date stated on the cover of each volume are not carried. Code users may find
the text of provisions in effect on any given date in the past by using the appro-
priate List of CFR Sections Affected (LSA). For the convenience of the reader,
a ‘‘List of CFR Sections Affected’’ is published at the end of each CFR volume.
For changes to the Code prior to the LSA listings at the end of the volume,
consult previous annual editions of the LSA. For changes to the Code prior to
2001, consult the List of CFR Sections Affected compilations, published for 1949-
1963, 1964-1972, 1973-1985, and 1986-2000.
‘‘[RESERVED]’’ TERMINOLOGY
The term ‘‘[Reserved]’’ is used as a place holder within the Code of Federal
Regulations. An agency may add regulatory information at a ‘‘[Reserved]’’ loca-
tion at any time. Occasionally ‘‘[Reserved]’’ is used editorially to indicate that
a portion of the CFR was left vacant and not accidentally dropped due to a print-
ing or computer error.
INCORPORATION BY REFERENCE
What is incorporation by reference? Incorporation by reference was established
by statute and allows Federal agencies to meet the requirement to publish regu-
lations in the Federal Register by referring to materials already published else-
where. For an incorporation to be valid, the Director of the Federal Register
must approve it. The legal effect of incorporation by reference is that the mate-
rial is treated as if it were published in full in the Federal Register (5 U.S.C.
552(a)). This material, like any other properly issued regulation, has the force
of law.
What is a proper incorporation by reference? The Director of the Federal Register
will approve an incorporation by reference only when the requirements of 1 CFR
part 51 are met. Some of the elements on which approval is based are:
(a) The incorporation will substantially reduce the volume of material pub-
lished in the Federal Register.
(b) The matter incorporated is in fact available to the extent necessary to
afford fairness and uniformity in the administrative process.
(c) The incorporating document is drafted and submitted for publication in
accordance with 1 CFR part 51.
What if the material incorporated by reference cannot be found? If you have any
problem locating or obtaining a copy of material listed as an approved incorpora-
tion by reference, please contact the agency that issued the regulation containing
that incorporation. If, after contacting the agency, you find the material is not
available, please notify the Director of the Federal Register, National Archives
and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001, or
call 202-741-6010.
CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a separate
volume, revised annually as of January 1, entitled CFR INDEX AND FINDING AIDS.
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This volume contains the Parallel Table of Authorities and Rules. A list of CFR
titles, chapters, subchapters, and parts and an alphabetical list of agencies pub-
lishing in the CFR are also included in this volume.

vi

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An index to the text of ‘‘Title 3—The President’’ is carried within that volume.
The Federal Register Index is issued monthly in cumulative form. This index
is based on a consolidation of the ‘‘Contents’’ entries in the daily Federal Reg-
ister.
A List of CFR Sections Affected (LSA) is published monthly, keyed to the
revision dates of the 50 CFR titles.
REPUBLICATION OF MATERIAL
There are no restrictions on the republication of material appearing in the
Code of Federal Regulations.
INQUIRIES
For a legal interpretation or explanation of any regulation in this volume,
contact the issuing agency. The issuing agency’s name appears at the top of
odd-numbered pages.
For inquiries concerning CFR reference assistance, call 202–741–6000 or write
to the Director, Office of the Federal Register, National Archives and Records
Administration, 8601 Adelphi Road, College Park, MD 20740-6001 or e-mail
fedreg.info@nara.gov.
SALES
The Government Publishing Office (GPO) processes all sales and distribution
of the CFR. For payment by credit card, call toll-free, 866-512-1800, or DC area,
202-512-1800, M-F 8 a.m. to 4 p.m. e.s.t. or fax your order to 202-512-2104, 24 hours
a day. For payment by check, write to: US Government Publishing Office – New
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ELECTRONIC SERVICES
The full text of the Code of Federal Regulations, the LSA (List of CFR Sections
Affected), The United States Government Manual, the Federal Register, Public
Laws, Public Papers of the Presidents of the United States, Compilation of Presi-
dential Documents and the Privacy Act Compilation are available in electronic
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tact Center, U.S. Government Publishing Office. Phone 202-512-1800, or 866-512-
1800 (toll-free). E-mail, ContactCenter@gpo.gov.
The Office of the Federal Register also offers a free service on the National
Archives and Records Administration’s (NARA) World Wide Web site for public
law numbers, Federal Register finding aids, and related information. Connect
to NARA’s web site at www.archives.gov/federal-register.
The e-CFR is a regularly updated, unofficial editorial compilation of CFR ma-
terial and Federal Register amendments, produced by the Office of the Federal
Register and the Government Publishing Office. It is available at www.ecfr.gov.

OLIVER A. POTTS,
Director,
Office of the Federal Register.
January 1, 2016.
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THIS TITLE

Title 14—AERONAUTICS AND SPACE is composed of five volumes. The parts in


these volumes are arranged in the following order: Parts 1–59, 60–109, 110–199, 200–
1199, and part 1200–End. The first three volumes containing parts 1–199 are com-
prised of chapter I—Federal Aviation Administration, Department of Transpor-
tation (DOT). The fourth volume containing parts 200–1199 is comprised of chapter
II—Office of the Secretary, DOT (Aviation Proceedings) and chapter III—Com-
mercial Space Transportation, Federal Aviation Administration, DOT. The fifth
volume containing part 1200–End is comprised of chapter V—National Aero-
nautics and Space Administration and chapter VI—Air Transportation System
Stabilization. The contents of these volumes represent all current regulations
codified under this title of the CFR as of January 1, 2016.

For this volume, Bonnie Fritts was Chief Editor. The Code of Federal Regula-
tions publication program is under the direction of John Hyrum Martinez, as-
sisted by Stephen J. Frattini.
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Title 14—Aeronautics
and Space
(This book contains parts 110 to 199)

Part

CHAPTER I—Federal Aviation Administration, Department


of Transportation (Continued) ........................................... 110
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CHAPTER I—FEDERAL AVIATION
ADMINISTRATION, DEPARTMENT OF
TRANSPORTATION (CONTINUED)

SUBCHAPTER G—AIR CARRIERS AND OPERATORS FOR COMPENSATION


OR HIRE: CERTIFICATION AND OPERATIONS

Part Page
110 General requirements .............................................. 5
111–116 [Reserved]
117 Flight and duty limitations and rest requirements:
flightcrew members .............................................. 8
118 [Reserved]
119 Certification: Air carriers and commercial opera-
tors ....................................................................... 16
120 Drug and alcohol testing program .......................... 34
121 Operating requirements: Domestic, flag, and sup-
plemental operations ........................................... 61
125 Certification and operations: Airplanes having a
seating capacity of 20 or more passengers or a
maximum payload capacity of 6,000 pounds or
more; and rules governing persons on board such
aircraft ................................................................. 308
129 Operations: Foreign air carriers and foreign opera-
tors of U.S.-registered aircraft engaged in com-
mon carriage ........................................................ 375
133 Rotorcraft external-load operations ....................... 392
135 Operating requirements: Commuter and on demand
operations and rules governing persons on board
such aircraft ......................................................... 400
136 Commercial air tours and National Parks air tour
management ......................................................... 533
137 Agricultural aircraft operations ............................. 540
139 Certification of airports .......................................... 547
SUBCHAPTER H—SCHOOLS AND OTHER CERTIFICATED AGENCIES
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140 [Reserved]
141 Pilot schools ............................................................ 569
3

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14 CFR Ch. I (1–1–16 Edition)

Part Page
142 Training centers ...................................................... 618
143 [Reserved]
145 Repair stations ........................................................ 630
147 Aviation maintenance technician schools .............. 644
SUBCHAPTER I—AIRPORTS

150 Airport noise compatibility planning ..................... 654


151 Federal aid to airports ............................................ 668
152 Airport aid program ................................................ 705
153 Airport operations ................................................... 740
155 Release of airport property from surplus property
disposal restrictions ............................................. 741
156 State block grant pilot program ............................. 744
157 Notice of construction, alteration, activation, and
deactivation of airports ....................................... 746
158 Passenger facility charges (PFC’s) .......................... 748
161 Notice and approval of airport noise and access re-
strictions .............................................................. 773
169 Expenditure of Federal funds for nonmilitary air-
ports or air navigation facilities thereon ............. 793
SUBCHAPTER J—NAVIGATIONAL FACILITIES

170 Establishment and discontinuance criteria for air


traffic control services and navigational facili-
ties ....................................................................... 795
171 Non-Federal navigation facilities ........................... 798
SUBCHAPTER K—ADMINISTRATIVE REGULATIONS

183 Representatives of the Administrator ..................... 878


185 Testimony by employees and production of records
in legal proceedings, and service of legal process
and pleadings ........................................................ 885
187 Fees ......................................................................... 886
189 Use of Federal Aviation Administration commu-
nications system .................................................. 890
193 Protection of voluntarily submitted information ... 892
SUBCHAPTERS L–M [RESERVED]

SUBCHAPTER N—WAR RISK INSURANCE

198 Aviation insurance .................................................. 897


199 [Reserved]
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SUBCHAPTER G—AIR CARRIERS AND OPERATORS FOR
COMPENSATION OR HIRE: CERTIFICATION AND OPER-
ATIONS

PART 110—GENERAL (6) The inclusion of sightseeing


REQUIREMENTS flights as part of any travel arrange-
ment package;
Sec. (7) Whether the flight in question
110.1 Applicability. would have been canceled based on
110.2 Definitions. poor visibility of the surface below the
AUTHORITY: 49 U.S.C. 106(g), 1153, 40101, route of the flight; and
40102, 40103, 40113, 44105, 44106, 44111, 44701– (8) Any other factors that the FAA
44717, 44722, 44901, 44903, 44904, 44906, 44912, considers appropriate.
44914, 44936, 44938, 46103, 46105. Commuter operation means any sched-
SOURCE: Docket No. FAA–2009–0140, 76 FR uled operation conducted by any per-
7486, Feb. 10, 2011, unless otherwise noted. son operating one of the following
types of aircraft with a frequency of
§ 110.1 Applicability. operations of at least five round trips
This part governs all operations con- per week on at least one route between
ducted under subchapter G of this two or more points according to the
chapter. published flight schedules:
(1) Airplanes, other than turbojet-
§ 110.2 Definitions powered airplanes, having a maximum
For the purpose of this subchapter, passenger-seat configuration of 9 seats
the term— or less, excluding each crewmember
All-cargo operation means any oper- seat, and a maximum payload capacity
ation for compensation or hire that is of 7,500 pounds or less; or
other than a passenger-carrying oper- (2) Rotorcraft.
ation or, if passengers are carried, they Direct air carrier means a person who
are only those specified in § 121.583(a) or provides or offers to provide air trans-
§ 135.85 of this chapter. portation and who has control over the
Certificate-holding district office means operational functions performed in pro-
the Flight Standards District Office viding that transportation.
that has responsibility for admin- DOD commercial air carrier evaluator
istering the certificate and is charged means a qualified Air Mobility Com-
with the overall inspection of the cer- mand, Survey and Analysis Office
tificate holder’s operations. cockpit evaluator performing the du-
Commercial air tour means a flight ties specified in Public Law 99–661 when
conducted for compensation or hire in the evaluator is flying on an air carrier
an airplane or helicopter where a pur- that is contracted or pursuing a con-
pose of the flight is sightseeing. The tract with the U.S. Department of De-
FAA may consider the following fac- fense (DOD).
tors in determining whether a flight is Domestic operation means any sched-
a commercial air tour: uled operation conducted by any per-
(1) Whether there was a holding out son operating any airplane described in
to the public of willingness to conduct paragraph (1) of this definition at loca-
a sightseeing flight for compensation tions described in paragraph (2) of this
or hire; definition:
(2) Whether the person offering the (1) Airplanes:
flight provided a narrative that re- (i) Turbojet-powered airplanes;
ferred to areas or points of interest on (ii) Airplanes having a passenger-seat
the surface below the route of the configuration of more than 9 passenger
flight; seats, excluding each crewmember
(3) The area of operation; seat; or
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(4) How often the person offering the (iii) Airplanes having a payload ca-
flight conducts such flights; pacity of more than 7,500 pounds.
(5) The route of flight; (2) Locations:

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§ 110.2 14 CFR Ch. I (1–1–16 Edition)

(i) Between any points within the 48 clude equipment or ballast specifically
contiguous States of the United States installed, permanently or otherwise,
or the District of Columbia; or for the purpose of altering the empty
(ii) Operations solely within the 48 weight of an aircraft to meet the max-
contiguous States of the United States imum payload capacity.
or the District of Columbia; or Kind of operation means one of the
(iii) Operations entirely within any various operations a certificate holder
State, territory, or possession of the is authorized to conduct, as specified in
United States; or its operations specifications, i.e., do-
(iv) When specifically authorized by mestic, flag, supplemental, commuter,
the Administrator, operations between or on-demand operations.
any point within the 48 contiguous Maximum payload capacity means:
States of the United States or the Dis- (1) For an aircraft for which a max-
trict of Columbia and any specifically imum zero fuel weight is prescribed in
authorized point located outside the 48 FAA technical specifications, the max-
contiguous States of the United States imum zero fuel weight, less empty
or the District of Columbia. weight, less all justifiable aircraft
Empty weight means the weight of the equipment, and less the operating load
airframe, engines, propellers, rotors, (consisting of minimum flightcrew,
and fixed equipment. Empty weight ex- foods and beverages, and supplies and
cludes the weight of the crew and pay- equipment related to foods and bev-
load, but includes the weight of all erages, but not including disposable
fixed ballast, unusable fuel supply, un- fuel or oil).
drainable oil, total quantity of engine (2) For all other aircraft, the max-
coolant, and total quantity of hydrau- imum certificated takeoff weight of an
lic fluid. aircraft, less the empty weight, less all
Flag operation means any scheduled justifiable aircraft equipment, and less
operation conducted by any person op- the operating load (consisting of min-
erating any airplane described in para- imum fuel load, oil, and flightcrew).
graph (1) of this definition at the loca- The allowance for the weight of the
tions described in paragraph (2) of this crew, oil, and fuel is as follows:
definition: (i) Crew—for each crewmember re-
(1) Airplanes: quired by the Federal Aviation Regula-
(i) Turbojet-powered airplanes; tions—
(ii) Airplanes having a passenger-seat (A) For male flightcrew members—
configuration of more than 9 passenger 180 pounds.
seats, excluding each crewmember (B) For female flightcrew members—
seat; or 140 pounds.
(iii) Airplanes having a payload ca- (C) For male flight attendants—180
pacity of more than 7,500 pounds. pounds.
(2) Locations: (D) For female flight attendants—130
(i) Between any point within the pounds.
State of Alaska or the State of Hawaii (E) For flight attendants not identi-
or any territory or possession of the fied by gender—140 pounds.
United States and any point outside (ii) Oil—350 pounds or the oil capac-
the State of Alaska or the State of Ha- ity as specified on the Type Certificate
waii or any territory or possession of Data Sheet.
the United States, respectively; or (iii) Fuel—the minimum weight of
(ii) Between any point within the 48 fuel required by the applicable Federal
contiguous States of the United States Aviation Regulations for a flight be-
or the District of Columbia and any tween domestic points 174 nautical
point outside the 48 contiguous States miles apart under VFR weather condi-
of the United States and the District of tions that does not involve extended
Columbia. overwater operations.
(iii) Between any point outside the Maximum zero fuel weight means the
U.S. and another point outside the U.S. maximum permissible weight of an air-
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Justifiable aircraft equipment means craft with no disposable fuel or oil. The
any equipment necessary for the oper- zero fuel weight figure may be found in
ation of the aircraft. It does not in- either the aircraft type certificate data

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Federal Aviation Administration, DOT § 110.2

sheet, the approved Aircraft Flight person, unless the only persons on the
Manual, or both. aircraft are those identified in
Noncommon carriage means an air- §§ 121.583(a) or 135.85 of this chapter, as
craft operation for compensation or applicable. An aircraft used in a pas-
hire that does not involve a holding senger-carrying operation may also
out to others. carry cargo or mail in addition to pas-
On-demand operation means any oper- sengers.
ation for compensation or hire that is Principal base of operations means the
one of the following: primary operating location of a certifi-
(1) Passenger-carrying operations cate holder as established by the cer-
conducted as a public charter under tificate holder.
part 380 of this chapter or any oper- Provisional airport means an airport
ations in which the departure time, de- approved by the Administrator for use
parture location, and arrival location by a certificate holder for the purpose
are specifically negotiated with the of providing service to a community
customer or the customer’s representa- when the regular airport used by the
tive that are any of the following types certificate holder is not available.
of operations: Regular airport means an airport used
(i) Common carriage operations con- by a certificate holder in scheduled op-
ducted with airplanes, including tur- erations and listed in its operations
bojet-powered airplanes, having a pas- specifications.
senger-seat configuration of 30 seats or Scheduled operation means any com-
fewer, excluding each crewmember mon carriage passenger-carrying oper-
seat, and a payload capacity of 7,500 ation for compensation or hire con-
pounds or less, except that operations ducted by an air carrier or commercial
using a specific airplane that is also operator for which the certificate hold-
used in domestic or flag operations and er or its representative offers in ad-
that is so listed in the operations speci- vance the departure location, depar-
fications as required by § 119.49(a)(4) of ture time, and arrival location. It does
this chapter for those operations are not include any passenger-carrying op-
considered supplemental operations; eration that is conducted as a public
(ii) Noncommon or private carriage charter operation under part 380 of this
operations conducted with airplanes chapter.
having a passenger-seat configuration Supplemental operation means any
of less than 20 seats, excluding each common carriage operation for com-
crewmember seat, and a payload capac- pensation or hire conducted with any
ity of less than 6,000 pounds; or airplane described in paragraph (1) of
(iii) Any rotorcraft operation. this definition that is a type of oper-
(2) Scheduled passenger-carrying op- ation described in paragraph (2) of this
erations conducted with one of the fol- definition:
lowing types of aircraft with a fre- (1) Airplanes:
quency of operations of less than five (i) Airplanes having a passenger-seat
round trips per week on at least one configuration of more than 30 seats, ex-
route between two or more points ac- cluding each crewmember seat;
cording to the published flight sched- (ii) Airplanes having a payload ca-
ules: pacity of more than 7,500 pounds; or
(i) Airplanes, other than turbojet (iii) Each propeller-powered airplane
powered airplanes, having a maximum having a passenger-seat configuration
passenger-seat configuration of 9 seats of more than 9 seats and less than 31
or less, excluding each crewmember seats, excluding each crewmember
seat, and a maximum payload capacity seat, that is also used in domestic or
of 7,500 pounds or less; or flag operations and that is so listed in
(ii) Rotorcraft. the operations specifications as re-
(3) All-cargo operations conducted quired by § 119.49(a)(4) of this chapter
with airplanes having a payload capac- for those operations; or
ity of 7,500 pounds or less, or with (iv) Each turbojet powered airplane
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rotorcraft. having a passenger seat configuration


Passenger-carrying operation means of 1 or more and less than 31 seats, ex-
any aircraft operation carrying any cluding each crewmember seat, that is

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Pt. 117 14 CFR Ch. I (1–1–16 Edition)

also used in domestic or flag operations TABLE A TO PART 117—MAXIMUM FLIGHT TIME
and that is so listed in the operations LIMITS FOR UNAUGMENTED OPERATIONS
specifications as required by TABLE B TO PART 117—FLIGHT DUTY PERIOD:
UNAUGMENTED OPERATIONS
§ 119.49(a)(4) of this chapter for those
TABLE C TO PART 117—FLIGHT DUTY PERIOD:
operations. AUGMENTED OPERATIONS
(2) Types of operation:
(i) Operations for which the depar- AUTHORITY: 49 U.S.C. 106(g), 40113, 40119,
ture time, departure location, and ar- 44101, 44701–44702, 44705, 44709–44711, 44713,
44716–44717, 44722, 46901, 44903–44904, 44912,
rival location are specifically nego-
46105.
tiated with the customer or the cus-
tomer’s representative; SOURCE: Docket No. FAA–2009–1093, 77 FR
(ii) All-cargo operations; or 398, Jan. 4, 2012, unless otherwise noted.
(iii) Passenger-carrying public char-
§ 117.1 Applicability.
ter operations conducted under part 380
of this chapter. (a) This part prescribes flight and
Wet lease means any leasing arrange- duty limitations and rest requirements
ment whereby a person agrees to pro- for all flightcrew members and certifi-
vide an entire aircraft and at least one cate holders conducting passenger op-
crewmember. A wet lease does not in- erations under part 121 of this chapter.
clude a code-sharing arrangement. (b) This part applies to all operations
When common carriage is not involved directed by part 121 certificate holders
or operations not involving common car- under part 91, other than subpart K, of
riage means any of the following: this chapter if any segment is con-
(1) Noncommon carriage. ducted as a domestic passenger, flag
(2) Operations in which persons or passenger, or supplemental passenger
cargo are transported without com- operation.
pensation or hire. (c) This part applies to all flightcrew
(3) Operations not involving the members when participating in an op-
transportation of persons or cargo. eration under part 91, other than sub-
(4) Private carriage. part K of this chapter, on behalf of the
Years in service means the calendar part 121 certificate holder if any flight
time elapsed since an aircraft was segment is conducted as a domestic
issued its first U.S. or first foreign air- passenger, flag passenger, or supple-
worthiness certificate. mental passenger operation
(d) Notwithstanding paragraphs (a),
PARTS 111–116 [RESERVED] (b) and (c) of this section, a certificate
holder may conduct under part 117 its
PART 117—FLIGHT AND DUTY LIMI- part 121 operations pursuant to 121.470,
TATIONS AND REST REQUIRE- 121.480, or 121.500.
MENTS: FLIGHTCREW MEMBERS § 117.3 Definitions.
Sec. In addition to the definitions in §§ 1.1
117.1 Applicability. and 110.2 of this chapter, the following
117.3 Definitions. definitions apply to this part. In the
117.5 Fitness for duty. event there is a conflict in definitions,
117.7 Fatigue risk management system. the definitions in this part control for
117.9 Fatigue education and awareness purposes of the flight and duty limita-
training program.
tions and rest requirements of this
117.11 Flight time limitation.
117.13 Flight duty period: Unaugmented op- part.
erations. Acclimated means a condition in
117.15 Flight duty period: Split duty. which a flightcrew member has been in
117.17 Flight duty period: Augmented a theater for 72 hours or has been given
flightcrew. at least 36 consecutive hours free from
117.19 Flight duty period extensions. duty.
117.21 Reserve status.
Airport/standby reserve means a de-
117.23 Cumulative limitations.
117.25 Rest period. fined duty period during which a
lpowell on DSK54DXVN1OFR with $$_JOB

117.27 Consecutive nighttime operations. flightcrew member is required by a cer-


117.29 Emergency and government spon- tificate holder to be at an airport for a
sored operations. possible assignment.

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Federal Aviation Administration, DOT § 117.3

Augmented flightcrew means a Flight duty period (FDP) means a pe-


flightcrew that has more than the min- riod that begins when a flightcrew
imum number of flightcrew members member is required to report for duty
required by the airplane type certifi- with the intention of conducting a
cate to operate the aircraft to allow a flight, a series of flights, or positioning
flightcrew member to be replaced by or ferrying flights, and ends when the
another qualified flightcrew member aircraft is parked after the last flight
for in-flight rest. and there is no intention for further
Calendar day means a 24-hour period aircraft movement by the same
from 0000 through 2359 using Coordi- flightcrew member. A flight duty pe-
nated Universal Time or local time. riod includes the duties performed by
Certificate holder means a person who the flightcrew member on behalf of the
holds or is required to hold an air car- certificate holder that occur before a
rier certificate or operating certificate flight segment or between flight seg-
issued under part 119 of this chapter. ments without a required intervening
Deadhead transportation means trans- rest period. Examples of tasks that are
portation of a flightcrew member as a part of the flight duty period include
passenger or non-operating flightcrew deadhead transportation, training con-
member, by any mode of transpor- ducted in an aircraft or flight simu-
tation, as required by a certificate lator, and airport/standby reserve, if
holder, excluding transportation to or the above tasks occur before a flight
from a suitable accommodation. All segment or between flight segments
time spent in deadhead transportation without an intervening required rest
is duty and is not rest. For purposes of period.
determining the maximum flight duty Home base means the location des-
period in Table B of this part, deadhead ignated by a certificate holder where a
transportation is not considered a flightcrew member normally begins
flight segment. and ends his or her duty periods.
Duty means any task that a Lineholder means a flightcrew mem-
flightcrew member performs as re- ber who has an assigned flight duty pe-
quired by the certificate holder, includ- riod and is not acting as a reserve
ing but not limited to flight duty pe- flightcrew member.
riod, flight duty, pre- and post-flight Long-call reserve means that, prior to
duties, administrative work, training, beginning the rest period required by
deadhead transportation, aircraft posi- § 117.25, the flightcrew member is noti-
tioning on the ground, aircraft loading, fied by the certificate holder to report
and aircraft servicing. for a flight duty period following the
Fatigue means a physiological state completion of the rest period.
of reduced mental or physical perform- Physiological night’s rest means 10
ance capability resulting from lack of hours of rest that encompasses the
sleep or increased physical activity hours of 0100 and 0700 at the flightcrew
that can reduce a flightcrew member’s member’s home base, unless the indi-
alertness and ability to safely operate vidual has acclimated to a different
an aircraft or perform safety-related theater. If the flightcrew member has
duties. acclimated to a different theater, the
Fatigue risk management system rest must encompass the hours of 0100
(FRMS) means a management system and 0700 at the acclimated location.
for a certificate holder to use to miti- Report time means the time that the
gate the effects of fatigue in its par- certificate holder requires a flightcrew
ticular operations. It is a data-driven member to report for an assignment.
process and a systematic method used Reserve availability period means a
to continuously monitor and manage duty period during which a certificate
safety risks associated with fatigue-re- holder requires a flightcrew member on
lated error. short call reserve to be available to re-
Fit for duty means physiologically ceive an assignment for a flight duty
lpowell on DSK54DXVN1OFR with $$_JOB

and mentally prepared and capable of period.


performing assigned duties at the high- Reserve flightcrew member means a
est degree of safety. flightcrew member who a certificate

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§ 117.5 14 CFR Ch. I (1–1–16 Edition)

holder requires to be available to re- Unforeseen operational circumstance


ceive an assignment for duty. means an unplanned event of insuffi-
Rest facility means a bunk or seat ac- cient duration to allow for adjustments
commodation installed in an aircraft to schedules, including unforecast
that provides a flightcrew member weather, equipment malfunction, or air
with a sleep opportunity. traffic delay that is not reasonably ex-
(1) Class 1 rest facility means a bunk pected.
or other surface that allows for a flat Window of circadian low means a pe-
sleeping position and is located sepa- riod of maximum sleepiness that oc-
rate from both the flight deck and pas- curs between 0200 and 0559 during a
senger cabin in an area that is tem- physiological night.
perature-controlled, allows the [Doc. No. FAA–2009–1093, 77 FR 398, Jan. 4,
flightcrew member to control light, 2012; Amdt. 117–1A, 77 FR 28764, May 16, 2012;
and provides isolation from noise and Amdt. 117–1, 78 FR 69288, Nov. 19, 2013]
disturbance.
(2) Class 2 rest facility means a seat in § 117.5 Fitness for duty.
an aircraft cabin that allows for a flat (a) Each flightcrew member must re-
or near flat sleeping position; is sepa- port for any flight duty period rested
rated from passengers by a minimum of and prepared to perform his or her as-
a curtain to provide darkness and some signed duties.
sound mitigation; and is reasonably (b) No certificate holder may assign
free from disturbance by passengers or and no flightcrew member may accept
flightcrew members. assignment to a flight duty period if
(3) Class 3 rest facility means a seat in the flightcrew member has reported for
an aircraft cabin or flight deck that re- a flight duty period too fatigued to
clines at least 40 degrees and provides safely perform his or her assigned du-
leg and foot support. ties.
Rest period means a continuous period (c) No certificate holder may permit
determined prospectively during which a flightcrew member to continue a
the flightcrew member is free from all flight duty period if the flightcrew
restraint by the certificate holder, in- member has reported him or herself too
cluding freedom from present responsi- fatigued to continue the assigned flight
bility for work should the occasion duty period.
arise. (d) As part of the dispatch or flight
Scheduled means to appoint, assign, release, as applicable, each flightcrew
or designate for a fixed time. member must affirmatively state he or
Short-call reserve means a period of she is fit for duty prior to commencing
time in which a flightcrew member is flight.
assigned to a reserve availability pe-
riod. § 117.7 Fatigue risk management sys-
Split duty means a flight duty period tem.
that has a scheduled break in duty that (a) No certificate holder may exceed
is less than a required rest period. any provision of this part unless ap-
Suitable accommodation means a tem- proved by the FAA under a Fatigue
perature-controlled facility with sound Risk Management System that pro-
mitigation and the ability to control vides at least an equivalent level of
light that provides a flightcrew mem- safety against fatigue-related acci-
ber with the ability to sleep either in a dents or incidents as the other provi-
bed, bunk or in a chair that allows for sions of this part.
flat or near flat sleeping position. Suit- (b) The Fatigue Risk Management
able accommodation only applies to System must include:
ground facilities and does not apply to (1) A fatigue risk management pol-
aircraft onboard rest facilities. icy.
Theater means a geographical area in (2) An education and awareness train-
which the distance between the ing program.
flightcrew member’s flight duty period (3) A fatigue reporting system.
lpowell on DSK54DXVN1OFR with $$_JOB

departure point and arrival point dif- (4) A system for monitoring
fers by no more than 60 degrees lon- flightcrew fatigue.
gitude. (5) An incident reporting process.

10

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Federal Aviation Administration, DOT § 117.15

(6) A performance evaluation. (b) If unforeseen operational cir-


cumstances arise after takeoff that are
§ 117.9 Fatigue education and aware- beyond the certificate holder’s control,
ness training program. a flightcrew member may exceed the
(a) Each certificate holder must de- maximum flight time specified in para-
velop and implement an education and graph (a) of this section and the cumu-
awareness training program, approved lative flight time limits in 117.23(b) to
by the Administrator. This program the extent necessary to safely land the
must provide annual education and aircraft at the next destination airport
awareness training to all employees of or alternate, as appropriate.
the certificate holder responsible for (c) Each certificate holder must re-
administering the provisions of this port to the Administrator within 10
rule including flightcrew members, dis- days any flight time that exceeded the
patchers, individuals directly involved maximum flight time limits permitted
in the scheduling of flightcrew mem- by this section or § 117.23(b). The report
bers, individuals directly involved in must contain a description of the ex-
operational control, and any employee tended flight time limitation and the
providing direct management oversight circumstances surrounding the need for
of those areas. the extension.
(b) The fatigue education and aware- [Doc. No. FAA–2009–1093, 77 FR 398, Jan. 4,
ness training program must be de- 2012; Amdt. 117–1, 78 FR 8362, Feb. 6, 2013; 78
signed to increase awareness of: FR 69288, Nov. 19, 2013]
(1) Fatigue;
§ 117.13 Flight duty period: Unaug-
(2) The effects of fatigue on pilots; mented operations.
and
(3) Fatigue countermeasures (a) Except as provided for in § 117.15,
no certificate holder may assign and no
(c) (1) Each certificate holder must
flightcrew member may accept an as-
update its fatigue education and aware-
signment for an unaugmented flight
ness training program every two years
operation if the scheduled flight duty
and submit the update to the Adminis-
period will exceed the limits in Table B
trator for review and acceptance.
of this part.
(2) Not later than 12 months after the
(b) If the flightcrew member is not
date of submission of the fatigue edu-
acclimated:
cation and awareness training program (1) The maximum flight duty period
required by (c)(1) of this section, the in Table B of this part is reduced by 30
Administrator shall review and accept minutes.
or reject the update. If the Adminis- (2) The applicable flight duty period
trator rejects an update, the Adminis- is based on the local time at the the-
trator shall provide suggested modi- ater in which the flightcrew member
fications for resubmission of the up- was last acclimated.
date.
§ 117.15 Flight duty period: Split duty.
§ 117.11 Flight time limitation.
For an unaugmented operation only,
(a) No certificate holder may sched- if a flightcrew member is provided with
ule and no flightcrew member may ac- a rest opportunity (an opportunity to
cept an assignment or continue an as- sleep) in a suitable accommodation
signed flight duty period if the total during his or her flight duty period, the
flight time: time that the flightcrew member
(1) Will exceed the limits specified in spends in the suitable accommodation
Table A of this part if the operation is is not part of that flightcrew member’s
conducted with the minimum required flight duty period if all of the following
flightcrew. conditions are met:
(2) Will exceed 13 hours if the oper- (a) The rest opportunity is provided
ation is conducted with a 3-pilot between the hours of 22:00 and 05:00
flightcrew. local time.
lpowell on DSK54DXVN1OFR with $$_JOB

(3) Will exceed 17 hours if the oper- (b) The time spent in the suitable ac-
ation is conducted with a 4-pilot commodation is at least 3 hours, meas-
flightcrew. ured from the time that the flightcrew

11

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§ 117.17 14 CFR Ch. I (1–1–16 Edition)

member reaches the suitable accommo- § 117.19 Flight duty period extensions.
dation. (a) For augmented and unaugmented
(c) The rest opportunity is scheduled operations, if unforeseen operational
before the beginning of the flight duty circumstances arise prior to takeoff:
period in which that rest opportunity (1) The pilot in command and the cer-
is taken. tificate holder may extend the max-
(d) The rest opportunity that the imum flight duty period permitted in
flightcrew member is actually provided Tables B or C of this part up to 2 hours.
may not be less than the rest oppor- The pilot in command and the certifi-
tunity that was scheduled. cate holder may also extend the max-
(e) The rest opportunity is not pro- imum combined flight duty period and
vided until the first segment of the reserve availability period limits speci-
flight duty period has been completed. fied in § 117.21(c)(3) and (4) of this part
(f) The combined time of the flight up to 2 hours.
duty period and the rest opportunity (2) An extension in the flight duty pe-
provided in this section does not exceed riod under paragraph (a)(1) of this sec-
14 hours. tion of more than 30 minutes may
occur only once prior to receiving a
§ 117.17 Flight duty period: Augmented rest period described in § 117.25(b).
flightcrew. (3) A flight duty period cannot be ex-
tended under paragraph (a)(1) of this
(a) For flight operations conducted section if it causes a flightcrew mem-
with an acclimated augmented ber to exceed the cumulative flight
flightcrew, no certificate holder may duty period limits specified in 117.23(c).
assign and no flightcrew member may (4) Each certificate holder must re-
accept an assignment if the scheduled port to the Administrator within 10
flight duty period will exceed the lim- days any flight duty period that ex-
its specified in Table C of this part. ceeded the maximum flight duty period
(b) If the flightcrew member is not permitted in Tables B or C of this part
acclimated: by more than 30 minutes. The report
(1) The maximum flight duty period must contain the following:
in Table C of this part is reduced by 30 (i) A description of the extended
minutes. flight duty period and the cir-
(2) The applicable flight duty period cumstances surrounding the need for
is based on the local time at the the- the extension; and
ater in which the flightcrew member (ii) If the circumstances giving rise
was last acclimated. to the extension were within the cer-
(c) No certificate holder may assign tificate holder’s control, the corrective
and no flightcrew member may accept action(s) that the certificate holder in-
an assignment under this section un- tends to take to minimize the need for
less during the flight duty period: future extensions.
(5) Each certificate holder must im-
(1) Two consecutive hours in the sec-
plement the corrective action(s) re-
ond half of the flight duty period are
ported in paragraph (a)(4) of this sec-
available for in-flight rest for the pilot
tion within 30 days from the date of the
flying the aircraft during landing.
extended flight duty period.
(2) Ninety consecutive minutes are (b) For augmented and unaugmented
available for in-flight rest for the pilot operations, if unforeseen operational
performing monitoring duties during circumstances arise after takeoff:
landing. (1) The pilot in command and the cer-
(d) No certificate holder may assign tificate holder may extend maximum
and no flightcrew member may accept flight duty periods specified in Tables
an assignment involving more than B or C of this part to the extent nec-
three flight segments under this sec- essary to safely land the aircraft at the
tion. next destination airport or alternate
(e) At all times during flight, at least airport, as appropriate.
lpowell on DSK54DXVN1OFR with $$_JOB

one flightcrew member qualified in ac- (2) An extension of the flight duty pe-
cordance with § 121.543(b)(3)(i) of this riod under paragraph (b)(1) of this sec-
chapter must be at the flight controls. tion of more than 30 minutes may

12

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Federal Aviation Administration, DOT § 117.25

occur only once prior to receiving a measured from the beginning of the re-
rest period described in § 117.25(b). serve availability period.
(3) An extension taken under para- (d) For long call reserve, if a certifi-
graph (b) of this section may exceed cate holder contacts a flightcrew mem-
the cumulative flight duty period lim- ber to assign him or her to a flight
its specified in 117.23(c). duty period that will begin before and
(4) Each certificate holder must re- operate into the flightcrew member’s
port to the Administrator within 10 window of circadian low, the flightcrew
days any flight duty period that either member must receive a 12 hour notice
exceeded the cumulative flight duty of report time from the certificate
periods specified in § 117.23(c), or ex- holder.
ceeded the maximum flight duty period (e) A certificate holder may shift a
limits permitted by Tables B or C of reserve flightcrew member’s reserve
this part by more than 30 minutes. The status from long-call to short-call only
report must contain a description of if the flightcrew member receives a
the circumstances surrounding the af- rest period as provided in § 117.25(e).
fected flight duty period.
§ 117.23 Cumulative limitations.
[Doc. No. FAA–2009–1093, 77 FR 398, Jan. 4,
2012; Amdt. 117–1A, 77 FR 28764, May 16, 2012; (a) The limitations of this section in-
Amdt. 117–1, 78 FR 8362, Feb. 6, 2013; 78 FR clude all flying by flightcrew members
69288, Nov. 19, 2013] on behalf of any certificate holder or
91K Program Manager during the appli-
§ 117.21 Reserve status. cable periods.
(a) Unless specifically designated as (b) No certificate holder may sched-
airport/standby or short-call reserve by ule and no flightcrew member may ac-
the certificate holder, all reserve is cept an assignment if the flightcrew
considered long-call reserve. member’s total flight time will exceed
(b) Any reserve that meets the defini- the following:
tion of airport/standby reserve must be (1) 100 hours in any 672 consecutive
designated as airport/standby reserve. hours or
For airport/standby reserve, all time (2) 1,000 hours in any 365 consecutive
spent in a reserve status is part of the calendar day period.
flightcrew member’s flight duty period. (c) No certificate holder may sched-
(c) For short call reserve, ule and no flightcrew member may ac-
(1) The reserve availability period cept an assignment if the flightcrew
may not exceed 14 hours. member’s total Flight Duty Period will
(2) For a flightcrew member who has exceed:
completed a reserve availability pe- (1) 60 flight duty period hours in any
riod, no certificate holder may sched- 168 consecutive hours or
ule and no flightcrew member may ac- (2) 190 flight duty period hours in any
cept an assignment of a reserve avail- 672 consecutive hours.
ability period unless the flightcrew [Doc. No. FAA–2009–1093, 77 FR 398, Jan. 4,
member receives the required rest in 2012; Amdt. 117–1A, 77 FR 28764, May 16, 2012;
§ 117.25(e). Amdt. 117–1, 78 FR 69288, Nov. 19, 2013]
(3) For an unaugmented operation,
the total number of hours a flightcrew § 117.25 Rest period.
member may spend in a flight duty pe- (a) No certificate holder may assign
riod and a reserve availability period and no flightcrew member may accept
may not exceed the lesser of the max- assignment to any reserve or duty with
imum applicable flight duty period in the certificate holder during any re-
Table B of this part plus 4 hours, or 16 quired rest period.
hours, as measured from the beginning (b) Before beginning any reserve or
of the reserve availability period. flight duty period a flightcrew member
(4) For an augmented operation, the must be given at least 30 consecutive
total number of hours a flightcrew hours free from all duty within the
member may spend in a flight duty pe- past 168 consecutive hour period.
lpowell on DSK54DXVN1OFR with $$_JOB

riod and a reserve availability period (c) If a flightcrew member operating


may not exceed the flight duty period in a new theater has received 36 con-
in Table C of this part plus 4 hours, as secutive hours of rest, that flightcrew

13

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§ 117.27 14 CFR Ch. I (1–1–16 Edition)

member is acclimated and the rest pe- opportunity to rest in a suitable ac-
riod meets the requirements of para- commodation during each of the con-
graph (b) of this section. secutive nighttime flight duty periods.
(d) A flightcrew member must be The rest opportunity must be at least 2
given a minimum of 56 consecutive hours, measured from the time that
hours rest upon return to home base if the flightcrew member reaches the
the flightcrew member: (1) Travels suitable accommodation, and must
more than 60° longitude during a flight comply with the conditions specified in
duty period or a series of flight duty § 117.15(a), (c), (d), and (e). Otherwise,
period, and (2) is away from home base no certificate holder may schedule and
for more than 168 consecutive hours no flightcrew member may accept
during this travel. The 56 hours of rest more than three consecutive flight
specified in this section must encom- duty periods that infringe on the win-
pass three physiological nights’ rest dow of circadian low. For purposes of
based on local time. this section, any split duty rest that is
(e) No certificate holder may sched- provided in accordance with § 117.15
ule and no flightcrew member may ac- counts as part of a flight duty period.
cept an assignment for any reserve or
flight duty period unless the flightcrew § 117.29 Emergency and government
member is given a rest period of at sponsored operations.
least 10 consecutive hours immediately
(a) This section applies to operations
before beginning the reserve or flight
conducted pursuant to contracts with
duty period measured from the time
the U.S. Government and operations
the flightcrew member is released from
conducted pursuant to a deviation
duty. The 10 hour rest period must pro-
under § 119.57 of this chapter that can-
vide the flightcrew member with a
not otherwise be conducted under this
minimum of 8 uninterrupted hours of
part because of circumstances that
sleep opportunity.
(f) If a flightcrew member determines could prevent flightcrew members from
that a rest period under paragraph (e) being relieved by another crew or safe-
of this section will not provide eight ly provided with the rest required
uninterrupted hours of sleep oppor- under § 117.25 at the end of the applica-
tunity, the flightcrew member must ble flight duty period.
notify the certificate holder. The (b) The pilot-in-command may deter-
flightcrew member cannot report for mine that the maximum applicable
the assigned flight duty period until he flight duty period, flight time, and/or
or she receives a rest period specified combined flight duty period and re-
in paragraph (e) of this section. serve availability period limits must be
(g) If a flightcrew member engaged in exceeded to the extent necessary to
deadhead transportation exceeds the allow the flightcrew to fly to the clos-
applicable flight duty period in Table B est destination where they can safely
of this part, the flightcrew member be relieved from duty by another
must be given a rest period equal to flightcrew or can receive the requisite
the length of the deadhead transpor- amount of rest prior to commencing
tation but not less than the required their next flight duty period.
rest in paragraph (e) of this section be- (c) A flight duty period may not be
fore beginning a flight duty period. extended for an operation conducted
pursuant to a contract with the U.S.
[Doc. No. FAA–2009–1093, 77 FR 398, Jan. 4,
2012; Amdt. 117–1A, 77 FR 28764, May 16, 2012; Government if it causes a flightcrew
Amdt. 117–1, 78 FR 8362, Feb. 6, 2013] member to exceed the cumulative
flight time limits in § 117.23(b) and the
§ 117.27 Consecutive nighttime oper- cumulative flight duty period limits in
ations. § 117.23(c).
A certificate holder may schedule (d) The flightcrew shall be given a
and a flightcrew member may accept rest period immediately after reaching
up to five consecutive flight duty peri- the destination described in paragraph
lpowell on DSK54DXVN1OFR with $$_JOB

ods that infringe on the window of cir- (b) of this section equal to the length
cadian low if the certificate holder pro- of the actual flight duty period or 24
vides the flightcrew member with an hours, whichever is less.

14

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Federal Aviation Administration, DOT Pt. 117, Table C

(e) Each certificate holder must re- action(s) that the certificate holder in-
port within 10 days: tends to take to minimize the need for
(1) Any flight duty period that ex- future extensions.
ceeded the maximum flight duty period (g) Each certificate holder must im-
permitted in Tables B or C of this part, plement the corrective action(s) re-
as applicable, by more than 30 minutes; ported pursuant to paragraph (f)(2) of
(2) Any flight time that exceeded the this section within 30 days from the
maximum flight time limits permitted date of the extended flight duty period
in Table A of this part and § 117.11, as and/or the extended flight time.
applicable; and [Doc. No. FAA–2009–1093, 77 FR 398, Jan. 4,
(3) Any flight duty period or flight 2012; Amdt. 117–1A, 77 FR 28764, May 16, 2012;
time that exceeded the cumulative lim- Amdt. 117–1, 78 FR 8362, Feb. 6, 2013; 78 FR
its specified in § 117.23. 69288, Nov. 19, 2013]
(f) The report must contain the fol-
lowing: TABLE A TO PART 117—MAXIMUM FLIGHT
(1) A description of the extended TIME LIMITS FOR UNAUGMENTED OP-
ERATIONS TABLE
flight duty period and flight time limi-
tation, and the circumstances sur- Maximum
Time of report
rounding the need for the extension; (acclimated) flight time
(hours)
and
(2) If the circumstances giving rise to 0000–0459 ....................................................... 8
the extension(s) were within the cer- 0500–1959 ....................................................... 9
2000–2359 ....................................................... 8
tificate holder’s control, the corrective

TABLE B TO PART 117—FLIGHT DUTY PERIOD: UNAUGMENTED OPERATIONS


Maximum flight duty period (hours) for lineholders based on
number of flight segments
Scheduled time of start (acclimated time)
1 2 3 4 5 6 7+

0000–0359 ............................................................................ 9 9 9 9 9 9 9
0400–0459 ............................................................................ 10 10 10 10 9 9 9
0500–0559 ............................................................................ 12 12 12 12 11.5 11 10.5
0600–0659 ............................................................................ 13 13 12 12 11.5 11 10.5
0700–1159 ............................................................................ 14 14 13 13 12.5 12 11.5
1200–1259 ............................................................................ 13 13 13 13 12.5 12 11.5
1300–1659 ............................................................................ 12 12 12 12 11.5 11 10.5
1700–2159 ............................................................................ 12 12 11 11 10 9 9
2200–2259 ............................................................................ 11 11 10 10 9 9 9
2300–2359 ............................................................................ 10 10 10 9 9 9 9

TABLE C TO PART 117—FLIGHT DUTY PERIOD: AUGMENTED OPERATIONS


Maximum flight duty period (hours) based on rest facility and
number of pilots

Scheduled time of start (acclimated time) Class 1 Class 2 Class 3


rest facility rest facility rest facility

3 pilots 4 pilots 3 pilots 4 pilots 3 pilots 4 pilots

0000–0559 .................................................................... 15 17 14 15.5 13 13.5


0600–0659 .................................................................... 16 18.5 15 16.5 14 14.5
0700–1259 .................................................................... 17 19 16.5 18 15 15.5
1300–1659 .................................................................... 16 18.5 15 16.5 14 14.5
1700–2359 .................................................................... 15 17 14 15.5 13 13.5
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15

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Pt. 119 14 CFR Ch. I (1–1–16 Edition)

PART 118 [RESERVED] 119.63 Recency of operation.


119.65 Management personnel required for
operations conducted under part 121 of
PART 119—CERTIFICATION: AIR this chapter.
CARRIERS AND COMMERCIAL 119.67 Management personnel: Qualifica-
OPERATORS tions for operations conducted under
part 121 of this chapter.
119.69 Management personnel required for
Subpart A—General operations conducted under part 135 of
Sec. this chapter.
119.1 Applicability. 119.71 Management personnel: Qualifica-
119.3 [Reserved] tions for operations conducted under
119.5 Certifications, authorizations, and part 135 of this chapter.
prohibitions. 119.73 Employment of former FAA employ-
119.7 Operations specifications. ees.
119.8 Safety Management Systems. AUTHORITY: Pub. L. 111–216, sec. 215 (Au-
119.9 Use of business names. gust 1, 2010); 49 U.S.C. 106(f), 106(g), 1153,
40101, 40102, 40103, 40113, 44105, 44106, 44111,
Subpart B—Applicability of Operating Re- 44701–44717, 44722, 44901, 44903, 44904, 44906,
quirements to Different Kinds of Oper- 44912, 44914, 44936, 44938, 46103, 46105.
ations Under Parts 121, 125, and 135 of
SOURCE: Docket No. 28154, 60 FR 65913, Dec.
This Chapter
20, 1995, unless otherwise noted.
119.21 Commercial operators engaged in
intrastate common carriage and direct Subpart A—General
air carriers.
119.23 Operators engaged in passenger-car- § 119.1 Applicability.
rying operations, cargo operations, or
both with airplanes when common car- (a) This part applies to each person
riage is not involved. operating or intending to operate civil
119.25 Rotorcraft operations: Direct air car- aircraft—
riers and commercial operators. (1) As an air carrier or commercial
operator, or both, in air commerce; or
Subpart C—Certification, Operations Spec- (2) When common carriage is not in-
ifications, and Certain Other Require- volved, in operations of U.S.-registered
ments for Operations Conducted civil airplanes with a seat configura-
Under Part 121 or Part 135 of This tion of 20 or more passengers, or a max-
Chapter imum payload capacity of 6,000 pounds
119.31 Applicability. or more.
119.33 General requirements. (b) This part prescribes—
119.35 Certificate application requirements (1) The types of air operator certifi-
for all operators. cates issued by the Federal Aviation
119.36 Additional certificate application re- Administration, including air carrier
quirements for commercial operators.
119.37 Contents of an Air Carrier Certificate certificates and operating certificates;
or Operating Certificate. (2) The certification requirements an
119.39 Issuing or denying a certificate. operator must meet in order to obtain
119.41 Amending a certificate. and hold a certificate authorizing oper-
119.43 Certificate holder’s duty to maintain ations under part 121, 125, or 135 of this
operations specifications. chapter and operations specifications
119.45 [Reserved] for each kind of operation to be con-
119.47 Maintaining a principal base of oper-
ducted and each class and size of air-
ations, main operations base, and main
maintenance base; change of address. craft to be operated under part 121 or
119.49 Contents of operations specifications. 135 of this chapter;
119.51 Amending operations specifications. (3) The requirements an operator
119.53 Wet leasing of aircraft and other ar- must meet to conduct operations under
rangements for transportation by air. part 121, 125, or 135 of this chapter and
119.55 Obtaining deviation authority to per- in operating each class and size of air-
form operations under a U.S. military craft authorized in its operations speci-
contract.
fications;
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119.57 Obtaining deviation authority to per-


form an emergency operation. (4) Requirements affecting wet leas-
119.59 Conducting tests and inspections. ing of aircraft and other arrangements
119.61 Duration and surrender of certificate for transportation by air;
and operations specifications.
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Federal Aviation Administration, DOT § 119.5

(5) Requirements for obtaining devi- (iii) Aerial photography or survey;


ation authority to perform operations (iv) Fire fighting;
under a military contract and obtain- (v) Helicopter operations in construc-
ing deviation authority to perform an tion or repair work (but it does apply
emergency operation; and to transportation to and from the site
(6) Requirements for management of operations); and
personnel for operations conducted (vi) Powerline or pipeline patrol;
under part 121 or part 135 of this chap- (5) Sightseeing flights conducted in
ter. hot air balloons;
(c) Persons subject to this part must (6) Nonstop flights conducted within
comply with the other requirements of a 25-statute-mile radius of the airport
this chapter, except where those re- of takeoff carrying persons or objects
quirements are modified by or where for the purpose of conducting inten-
additional requirements are imposed tional parachute operations.
by part 119, 121, 125, or 135 of this chap- (7) Helicopter flights conducted with-
ter. in a 25 statute mile radius of the air-
(d) This part does not govern oper- port of takeoff if—
ations conducted under part 91, subpart (i) Not more than two passengers are
K (when common carriage is not in- carried in the helicopter in addition to
volved) nor does it govern operations the required flightcrew;
conducted under part 129, 133, 137, or (ii) Each flight is made under day
139 of this chapter. VFR conditions;
(e) Except for operations when com- (iii) The helicopter used is certifi-
mon carriage is not involved conducted cated in the standard category and
with airplanes having a passenger-seat complies with the 100-hour inspection
configuration of 20 seats or more, ex- requirements of part 91 of this chapter;
cluding any required crewmember seat, (iv) The operator notifies the FAA
or a payload capacity of 6,000 pounds or Flight Standards District Office re-
more, this part does not apply to— sponsible for the geographic area con-
(1) Student instruction; cerned at least 72 hours before each
(2) Nonstop Commercial Air Tours flight and furnishes any essential infor-
mation that the office requests;
conducted after September 11, 2007, in
(v) The number of flights does not ex-
an airplane or helicopter having a
ceed a total of six in any calendar year;
standard airworthiness certificate and
(vi) Each flight has been approved by
passenger-seat configuration of 30 seats
the Administrator; and
or fewer and a maximum payload ca-
(vii) Cargo is not carried in or on the
pacity of 7,500 pounds or less that begin helicopter;
and end at the same airport, and are (8) Operations conducted under part
conducted within a 25-statute mile ra- 133 of this chapter or 375 of this title;
dius of that airport, in compliance with (9) Emergency mail service con-
the Letter of Authorization issued ducted under 49 U.S.C. 41906; or
under § 91.147 of this chapter. For non- (10) Operations conducted under the
stop Commercial Air Tours conducted provisions of § 91.321 of this chapter.
in accordance with part 136, subpart B
of this chapter, National Parks Air [Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as
Tour Management, the requirements of amended by Amdt. 119–4, 66 FR 23557, May 9,
2001; Amdt. 119–5, 67 FR 9554, Mar. 1, 2002;
part 119 of this chapter apply unless ex- Amdt. 119–7, 68 FR 54584, Sept. 17, 2003; 72 FR
cepted in § 136.37(g)(2). For Nonstop 6911, Feb. 13, 2007]
Commercial Air Tours conducted in the
vicinity of the Grand Canyon National § 119.3 [Reserved]
Park, Arizona, the requirements of
SFAR 50–2, part 93, subpart U, and part § 119.5 Certifications, authorizations,
119 of this chapter, as applicable, apply. and prohibitions.
(3) Ferry or training flights; (a) A person authorized by the Ad-
(4) Aerial work operations, includ- ministrator to conduct operations as a
ing— direct air carrier will be issued an Air
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(i) Crop dusting, seeding, spraying, Carrier Certificate.


and bird chasing; (b) A person who is not authorized to
(ii) Banner towing; conduct direct air carrier operations,

17

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§ 119.7 14 CFR Ch. I (1–1–16 Edition)

but who is authorized by the Adminis- shall not conduct any operations in
trator to conduct operations as a U.S. noncommon carriage.
commercial operator, will be issued an (i) No person may operate as a direct
Operating Certificate. air carrier without holding appropriate
(c) A person who is not authorized to economic authority from the Depart-
conduct direct air carrier operations, ment of Transportation.
but who is authorized by the Adminis- (j) A certificate holder under this
trator to conduct operations when part may not operate aircraft under
common carriage is not involved as an part 121 or part 135 of this chapter in a
operator of U.S.-registered civil air- geographical area unless its operations
planes with a seat configuration of 20 specifications specifically authorize
or more passengers, or a maximum the certificate holder to operate in
payload capacity of 6,000 pounds or that area.
more, will be issued an Operating Cer- (k) No person may advertise or other-
tificate. wise offer to perform an operation sub-
ject to this part unless that person is
(d) A person authorized to engage in
authorized by the Federal Aviation Ad-
common carriage under part 121 or part ministration to conduct that oper-
135 of this chapter, or both, shall be ation.
issued only one certificate authorizing (l) No person may operate an aircraft
such common carriage, regardless of under this part, part 121 of this chap-
the kind of operation or the class or ter, or part 135 of this chapter in viola-
size of aircraft to be operated. tion of an air carrier operating certifi-
(e) A person authorized to engage in cate, operating certificate, or appro-
noncommon or private carriage under priate operations specifications issued
part 125 or part 135 of this chapter, or under this part.
both, shall be issued only one certifi-
cate authorizing such carriage, regard- [Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as
amended by Amdt. 119–3, 62 FR 13253, Mar. 19,
less of the kind of operation or the 1997; 62 FR 15570, Apr. 1, 1997]
class or size of aircraft to be operated.
(f) A person conducting operations § 119.7 Operations specifications.
under more than one paragraph of (a) Each certificate holder’s oper-
§§ 119.21, 119.23, or 119.25 shall conduct ations specifications must contain—
those operations in compliance with— (1) The authorizations, limitations,
(1) The requirements specified in and certain procedures under which
each paragraph of those sections for each kind of operation, if applicable, is
the kind of operation conducted under to be conducted; and
that paragraph; and (2) Certain other procedures under
(2) The appropriate authorizations, which each class and size of aircraft is
limitations, and procedures specified in to be operated.
the operations specifications for each (b) Except for operations specifica-
kind of operation. tions paragraphs identifying author-
(g) No person may operate as a direct ized kinds of operations, operations
air carrier or as a commercial operator specifications are not a part of a cer-
without, or in violation of, an appro- tificate.
priate certificate and appropriate oper-
ations specifications. No person may § 119.8 Safety Management Systems.
operate as a direct air carrier or as a (a) Certificate holders authorized to
commercial operator in violation of conduct operations under part 121 of
any deviation or exemption authority, this chapter must have a safety man-
if issued to that person or that person’s agement system that meets the re-
representative. quirements of part 5 of this chapter
(h) A person holding an Operating and is acceptable to the Administrator
Certificate authorizing noncommon or by March 9, 2018.
private carriage operations shall not (b) A person applying to the Adminis-
conduct any operations in common car- trator for an air carrier certificate or
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riage. A person holding an Air Carrier operating certificate to conduct oper-


Certificate or Operating Certificate au- ations under part 121 of this chapter
thorizing common carriage operations after March 9, 2015, must demonstrate,

18

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Federal Aviation Administration, DOT § 119.21

as part of the application process under a showing of safety in air commerce,


§ 119.35, that it has an SMS that meets the Administrator may permit persons
the standards set forth in part 5 of this who conduct domestic operations be-
chapter and is acceptable to the Ad- tween any point located within any of
ministrator. the following Alaskan islands and any
[Doc. No. FAA–2009–0671, 80 FR 1328, Jan. 8,
point in the State of Alaska to comply
2015] with the requirements applicable to
flag operations contained in subpart U
§ 119.9 Use of business names. of part 121 of this chapter:
(a) A certificate holder under this (i) The Aleutian Islands.
part may not operate an aircraft under (ii) The Pribilof Islands.
part 121 or part 135 of this chapter (iii) The Shumagin Islands.
using a business name other than a (2) Flag operations in accordance
business name appearing in the certifi- with the applicable requirements of
cate holder’s operations specifications. part 121 of this chapter, and shall be
(b) No person may operate an aircraft issued operations specifications for
under part 121 or part 135 of this chap- those operations in accordance with
ter unless the name of the certificate those requirements.
holder who is operating the aircraft, or (3) Supplemental operations in ac-
the air carrier or operating certificate cordance with the applicable require-
number of the certificate holder who is ments of part 121 of this chapter, and
operating the aircraft, is legibly dis- shall be issued operations specifica-
played on the aircraft and is clearly tions for those operations in accord-
visible and readable from the outside of ance with those requirements. How-
the aircraft to a person standing on the ever, based on a determination of safe-
ground at any time except during ty in air commerce, the Administrator
flight time. The means of displaying may authorize or require those oper-
the name on the aircraft and its read- ations to be conducted under paragraph
ability must be acceptable to the Ad- (a)(1) or (a)(2) of this section.
ministrator. (4) Commuter operations in accord-
ance with the applicable requirements
[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as of part 135 of this chapter, and shall be
amended by Amdt. 119–3, 62 FR 13253, Mar. 19, issued operations specifications for
1997]
those operations in accordance with
those requirements.
Subpart B—Applicability of Oper- (5) On-demand operations in accord-
ating Requirements to Dif- ance with the applicable requirements
ferent Kinds of Operations of part 135 of this chapter, and shall be
Under Parts 121, 125, and 135 issued operations specifications for
of This Chapter those operations in accordance with
those requirements.
§ 119.21 Commercial operators en- (b) Persons who are subject to the re-
gaged in intrastate common car- quirements of paragraph (a)(4) of this
riage and direct air carriers. section may conduct those operations
(a) Each person who conducts air- in accordance with the requirements of
plane operations as a commercial oper- paragraph (a)(1) or (a)(2) of this sec-
ator engaged in intrastate common tion, provided they obtain authoriza-
carriage of persons or property for tion from the Administrator.
compensation or hire in air commerce, (c) Persons who are subject to the re-
or as a direct air carrier, shall comply quirements of paragraph (a)(5) of this
with the certification and operations section may conduct those operations
specifications requirements in subpart in accordance with the requirements of
C of this part, and shall conduct its: paragraph (a)(3) of this section, pro-
(1) Domestic operations in accord- vided they obtain authorization from
ance with the applicable requirements the Administrator.
of part 121 of this chapter, and shall be [Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as
lpowell on DSK54DXVN1OFR with $$_JOB

issued operations specifications for amended by Amdt. 119–2, 61 FR 30433, June


those operations in accordance with 14, 1996; Amdt. 119–3, 62 FR 13254, Mar. 19,
those requirements. However, based on 1997]

19

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§ 119.23 14 CFR Ch. I (1–1–16 Edition)

§ 119.23 Operators engaged in pas- issued operations specifications for


senger-carrying operations, cargo those operations in accordance with
operations, or both with airplanes those requirements.
when common carriage is not in- (b) On-demand operations in accord-
volved. ance with the applicable requirements
(a) Each person who conducts oper- of part 135 of this chapter, and shall be
ations when common carriage is not in- issued operations specifications for
volved with airplanes having a pas- those operations in accordance with
senger-seat configuration of 20 seats or those requirements.
more, excluding each crewmember
seat, or a payload capacity of 6,000 Subpart C—Certification, Oper-
pounds or more, shall, unless deviation ations Specifications, and
authority is issued—
(1) Comply with the certification and
Certain Other Requirements
operations specifications requirements for Operations Conducted
of part 125 of this chapter; Under Part 121 or Part 135 of
(2) Conduct its operations with those This Chapter
airplanes in accordance with the re-
quirements of part 125 of this chapter; § 119.31 Applicability.
and This subpart sets out certification re-
(3) Be issued operations specifica- quirements and prescribes the content
tions in accordance with those require- of operations specifications and certain
ments. other requirements for operations con-
(b) Each person who conducts non- ducted under part 121 or part 135 of this
common carriage (except as provided chapter.
in § 91.501(b) of this chapter) or private
carriage operations for compensation § 119.33 General requirements.
or hire with airplanes having a pas- (a) A person may not operate as a di-
senger-seat configuration of less than rect air carrier unless that person—
20 seats, excluding each crewmember (1) Is a citizen of the United States;
seat, and a payload capacity of less (2) Obtains an Air Carrier Certificate;
than 6,000 pounds shall— and
(1) Comply with the certification and (3) Obtains operations specifications
operations specifications requirements that prescribe the authorizations, limi-
in subpart C of this part; tations, and procedures under which
(2) Conduct those operations in ac- each kind of operation must be con-
cordance with the requirements of part ducted.
135 of this chapter, except for those re- (b) A person other than a direct air
quirements applicable only to com- carrier may not conduct any commer-
muter operations; and cial passenger or cargo aircraft oper-
(3) Be issued operations specifica- ation for compensation or hire under
tions in accordance with those require- part 121 or part 135 of this chapter un-
ments. less that person—
[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as (1) Is a citizen of the United States;
amended by Amdt. 119–2, 61 FR 30434, June (2) Obtains an Operating Certificate;
14, 1996] and
(3) Obtains operations specifications
§ 119.25 Rotorcraft operations: Direct that prescribe the authorizations, limi-
air carriers and commercial opera- tations, and procedures under which
tors. each kind of operation must be con-
Each person who conducts rotorcraft ducted.
operations for compensation or hire (c) Each applicant for a certificate
must comply with the certification and under this part and each applicant for
operations specifications requirements operations specifications authorizing a
of Subpart C of this part, and shall con- new kind of operation that is subject to
duct its: § 121.163 or § 135.145 of this chapter shall
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(a) Commuter operations in accord- conduct proving tests as authorized by


ance with the applicable requirements the Administrator during the applica-
of part 135 of this chapter, and shall be tion process for authority to conduct

20

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Federal Aviation Administration, DOT § 119.36

operations under part 121 or part 135 of not the sole beneficial owner of the
this chapter. All proving tests must be stock, the name and address of each
conducted in a manner acceptable to beneficial owner. An individual is con-
the Administrator. All proving tests sidered to own the stock owned, di-
must be conducted under the appro- rectly or indirectly, by or for his or her
priate operating and maintenance re- spouse, children, grandchildren, or par-
quirements of part 121 or 135 of this ents.
chapter that would apply if the appli- (ii) The name and address of each di-
cant were fully certificated. The Ad- rector and each officer and each person
ministrator will issue a letter of au- employed or who will be employed in a
thorization to each person stating the management position described in
various authorities under which the §§ 119.65 and 119.69, as applicable.
proving tests shall be conducted. (iii) The name and address of each
[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as person directly or indirectly control-
amended by Amdt. 119–2, 61 FR 30434, June ling or controlled by the applicant and
14, 1996] each person under direct or indirect
control with the applicant.
§ 119.35 Certificate application re- (2) For non-corporate applicants:
quirements for all operators. (i) The name and address of each per-
(a) A person applying to the Adminis- son having a financial interest therein
trator for an Air Carrier Certificate or and the nature and extent of that in-
Operating Certificate under this part terest.
(applicant) must submit an applica- (ii) The name and address of each
tion— person employed or who will be em-
(1) In a form and manner prescribed ployed in a management position de-
by the Administrator; and scribed in §§ 119.65 and 119.69, as appli-
(2) Containing any information the cable.
Administrator requires the applicant (c) In addition, each applicant for the
to submit. original issue of an operating certifi-
(b) Each applicant must submit the cate under paragraph (a) of this section
application to the Administrator at must submit with the application a
least 90 days before the date of in- signed statement showing—
tended operation. (1) The nature and scope of its in-
[Doc. No. 28154, 62 FR 13254, Mar. 19, 1997; 62 tended operation, including the name
FR 15570, Apr. 1, 1997] and address of each person, if any, with
whom the applicant has a contract to
§ 119.36 Additional certificate applica- provide services as a commercial oper-
tion requirements for commercial ator and the scope, nature, date, and
operators. duration of each of those contracts;
(a) Each applicant for the original and
issue of an operating certificate for the (2) For applicants intending to con-
purpose of conducting intrastate com- duct operations under part 121 of this
mon carriage operations under part 121 chapter, the financial information list-
or part 135 of this chapter must submit ed in paragraph (e) of this section.
an application in a form and manner (d) Each applicant for, or holder of, a
prescribed by the Administrator to the certificate issued under paragraph (a)
Flight Standards District Office in of this section, shall notify the Admin-
whose area the applicant proposes to istrator within 10 days after—
establish or has established his or her (1) A change in any of the persons, or
principal base of operations. the names and addresses of any of the
(b) Each application submitted under persons, submitted to the Adminis-
paragraph (a) of this section must con- trator under paragraph (b)(1) or (b)(2)
tain a signed statement showing the of this section; or
following: (2) For applicants intending to con-
(1) For corporate applicants: duct operations under part 121 of this
(i) The name and address of each chapter, a change in the financial in-
lpowell on DSK54DXVN1OFR with $$_JOB

stockholder who owns 5 percent or formation submitted to the Adminis-


more of the total voting stock of the trator under paragraph (e) of this sec-
corporation, and if that stockholder is tion that occurs while the application

21

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§ 119.37 14 CFR Ch. I (1–1–16 Edition)

for the issue is pending before the FAA after the month in which the certifi-
and that would make the applicant’s fi- cate is expected to be issued, from—
nancial situation substantially less fa- (i) Sale of property or flight equip-
vorable than originally reported. ment (explain);
(e) Each applicant for the original (ii) New debt (explain);
issue of an operating certificate under (iii) New equity (explain);
paragraph (a) of this section who in- (iv) Working capital reduction (ex-
tends to conduct operations under part plain);
121 of this chapter must submit the fol-
(v) Operations (profits) (explain);
lowing financial information:
(vi) Depreciation and amortization
(1) A balance sheet that shows assets,
liabilities, and net worth, as of a date (explain); and
not more than 60 days before the date (vii) Other (explain).
of application. (7) A schedule of insurance coverage
(2) An itemization of liabilities more in effect on the balance sheet date
than 60 days past due on the balance showing insurance companies; policy
sheet date, if any, showing each credi- numbers; types, amounts, and period of
tor’s name and address, a description of coverage; and special conditions, exclu-
the liability, and the amount and due sions, and limitations.
date of the liability. (8) Any other financial information
(3) An itemization of claims in litiga- that the Administrator requires to en-
tion, if any, against the applicant as of able him or her to determine that the
the date of application showing each applicant has sufficient financial re-
claimant’s name and address and a de- sources to conduct his or her oper-
scription and the amount of the claim. ations with the degree of safety re-
(4) A detailed projection of the pro- quired in the public interest.
posed operation covering 6 complete (f) Each financial statement con-
months after the month in which the taining financial information required
certificate is expected to be issued in- by paragraph (e) of this section must
cluding— be based on accounts prepared and
(i) Estimated amount and source of maintained on an accrual basis in ac-
both operating and nonoperating rev- cordance with generally accepted ac-
enue, including identification of its ex- counting principles applied on a con-
isting and anticipated income pro-
sistent basis, and must contain the
ducing contracts and estimated rev-
name and address of the applicant’s
enue per mile or hour of operation by
aircraft type; public accounting firm, if any. Infor-
mation submitted must be signed by an
(ii) Estimated amount of operating
and nonoperating expenses by expense officer, owner, or partner of the appli-
objective classification; and cant or certificate holder.
(iii) Estimated net profit or loss for [Doc. No. 28154, 62 FR 13254, Mar. 19, 1997; 62
the period. FR 15570, Apr. 1, 1997]
(5) An estimate of the cash that will
be needed for the proposed operations § 119.37 Contents of an Air Carrier
during the first 6 months after the Certificate or Operating Certificate.
month in which the certificate is ex- The Air Carrier Certificate or Oper-
pected to be issued, including— ating Certificate includes—
(i) Acquisition of property and equip- (a) The certificate holder’s name;
ment (explain); (b) The location of the certificate
(ii) Retirement of debt (explain); holder’s principal base of operations;
(iii) Additional working capital (ex- (c) The certificate number;
plain); (d) The certificate’s effective date;
(iv) Operating losses other than de- and
preciation and amortization (explain);
(e) The name or the designator of the
and
certificate-holding district office.
lpowell on DSK54DXVN1OFR with $$_JOB

(v) Other (explain).


(6) An estimate of the cash that will
be available during the first 6 months

22

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Federal Aviation Administration, DOT § 119.43

§ 119.39 Issuing or denying a certifi- § 119.41 Amending a certificate.


cate.
(a) The Administrator may amend
(a) An applicant may be issued an Air any certificate issued under this part
Carrier Certificate or Operating Cer- if—
tificate if, after investigation, the Ad- (1) The Administrator determines,
ministrator finds that the applicant— under 49 U.S.C. 44709 and part 13 of this
(1) Meets the applicable requirements chapter, that safety in air commerce
of this part; and the public interest requires the
(2) Holds the economic authority ap- amendment; or
plicable to the kinds of operations to (2) The certificate holder applies for
be conducted, issued by the Depart- the amendment and the certificate-
ment of Transportation, if required; holding district office determines that
and safety in air commerce and the public
(3) Is properly and adequately interest allows the amendment.
equipped in accordance with the re- (b) When the Administrator proposes
quirements of this chapter and is able to issue an order amending, sus-
to conduct a safe operation under ap- pending, or revoking all or part of any
propriate provisions of part 121 or part certificate, the procedure in § 13.19 of
135 of this chapter and operations spec- this chapter applies.
ifications issued under this part. (c) When the certificate holder ap-
(b) An application for a certificate plies for an amendment of its certifi-
may be denied if the Administrator cate, the following procedure applies:
finds that— (1) The certificate holder must file an
(1) The applicant is not properly or application to amend its certificate
adequately equipped or is not able to with the certificate-holding district of-
conduct safe operations under this sub- fice at least 15 days before the date
chapter; proposed by the applicant for the
(2) The applicant previously held an amendment to become effective, unless
Air Carrier Certificate or Operating the administrator approves filing with-
Certificate which was revoked; in a shorter period; and
(3) The applicant intends to or fills a (2) The application must be sub-
key management position listed in mitted to the certificate-holding dis-
§ 119.65(a) or § 119.69(a), as applicable, trict office in the form and manner pre-
with an individual who exercised con- scribed by the Administrator.
trol over or who held the same or a (d) When a certificate holder seeks
similar position with a certificate reconsideration of a decision from the
holder whose certificate was revoked, certificate-holding district office con-
or is in the process of being revoked, cerning amendments of a certificate,
and that individual materially contrib- the following procedure applies:
uted to the circumstances causing rev- (1) The petition for reconsideration
ocation or causing the revocation proc- must be made within 30 days after the
ess; certificate holder receives the notice of
(4) An individual who will have con- denial; and
trol over or have a substantial owner- (2) The certificate holder must peti-
ship interest in the applicant had the tion for reconsideration to the Direc-
same or similar control or interest in a tor, Flight Standards Service.
certificate holder whose certificate was
revoked, or is in the process of being § 119.43 Certificate holder’s duty to
revoked, and that individual materi- maintain operations specifications.
ally contributed to the circumstances (a) Each certificate holder shall
causing revocation or causing the rev- maintain a complete and separate set
ocation process; or of its operations specifications at its
(5) In the case of an applicant for an principal base of operations.
Operating Certificate for intrastate (b) Each certificate holder shall in-
lpowell on DSK54DXVN1OFR with $$_JOB

common carriage, that for financial sert pertinent excerpts of its oper-
reasons the applicant is not able to ations specifications, or references
conduct a safe operation. thereto, in its manual and shall—

23

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§ 119.45 14 CFR Ch. I (1–1–16 Edition)

(1) Clearly identify each such excerpt commuter operations, each provisional
as a part of its operations specifica- and refueling airport.
tions; and (i) Subject to the approval of the Ad-
(2) State that compliance with each ministrator with regard to form and
operations specifications requirement content, the certificate holder may in-
is mandatory. corporate by reference the items listed
(c) Each certificate holder shall keep in paragraph (a)(4) of this section into
each of its employees and other persons the certificate holder’s operations
used in its operations informed of the specifications by maintaining a cur-
provisions of its operations specifica- rent listing of those items and by refer-
tions that apply to that employee’s or ring to the specific list in the applica-
person’s duties and responsibilities.
ble paragraph of the operations speci-
§ 119.45 [Reserved] fications.
(ii) The certificate holder may not
§ 119.47 Maintaining a principal base conduct any operation using any air-
of operations, main operations base, craft or airport not listed.
and main maintenance base; change (5) Kinds of operations authorized.
of address.
(6) Authorization and limitations for
(a) Each certificate holder must routes and areas of operations.
maintain a principal base of oper-
(7) Airport limitations.
ations. Each certificate holder may
also establish a main operations base (8) Time limitations, or standards for
and a main maintenance base which determining time limitations, for over-
may be located at either the same loca- hauling, inspecting, and checking air-
tion as the principal base of operations frames, engines, propellers, rotors, ap-
or at separate locations. pliances, and emergency equipment.
(b) At least 30 days before it proposes (9) Authorization for the method of
to establish or change the location of controlling weight and balance of air-
its principal base of operations, its craft.
main operations base, or its main (10) Interline equipment interchange
maintenance base, a certificate holder requirements, if relevant.
must provide written notification to (11) Aircraft wet lease information
its certificate-holding district office. required by § 119.53(c).
(12) Any authorized deviation and ex-
§ 119.49 Contents of operations speci-
fications. emption granted from any requirement
of this chapter.
(a) Each certificate holder con- (13) An authorization permitting, or
ducting domestic, flag, or commuter a prohibition against, accepting, han-
operations must obtain operations dling, and transporting materials regu-
specifications containing all of the fol- lated as hazardous materials in trans-
lowing: port under 49 CFR parts 171 through
(1) The specific location of the cer-
180.
tificate holder’s principal base of oper-
(14) Any other item the Adminis-
ations and, if different, the address
trator determines is necessary.
that shall serve as the primary point of
contact for correspondence between the (b) Each certificate holder con-
FAA and the certificate holder and the ducting supplemental operations must
name and mailing address of the cer- obtain operations specifications con-
tificate holder’s agent for service. taining all of the following:
(2) Other business names under which (1) The specific location of the cer-
the certificate holder may operate. tificate holder’s principal base of oper-
(3) Reference to the economic author- ations, and, if different, the address
ity issued by the Department of Trans- that shall serve as the primary point of
portation, if required. contact for correspondence between the
(4) Type of aircraft, registration FAA and the certificate holder and the
markings, and serial numbers of each name and mailing address of the cer-
lpowell on DSK54DXVN1OFR with $$_JOB

aircraft authorized for use, each reg- tificate holder’s agent for service.
ular and alternate airport to be used in (2) Other business names under which
scheduled operations, and, except for the certificate holder may operate.

24

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Federal Aviation Administration, DOT § 119.49

(3) Reference to the economic author- of the certificate holder’s agent for
ity issued by the Department of Trans- service.
portation, if required. (2) Other business names under which
(4) Type of aircraft, registration the certificate holder may operate.
markings, and serial number of each (3) Reference to the economic author-
aircraft authorized for use. ity issued by the Department of Trans-
(i) Subject to the approval of the Ad- portation, if required.
ministrator with regard to form and (4) Kind and area of operations au-
content, the certificate holder may in-
thorized.
corporate by reference the items listed
in paragraph (b)(4) of this section into (5) Category and class of aircraft that
the certificate holder’s operations may be used in those operations.
specifications by maintaining a cur- (6) Type of aircraft, registration
rent listing of those items and by refer- markings, and serial number of each
ring to the specific list in the applica- aircraft that is subject to an airworthi-
ble paragraph of the operations speci- ness maintenance program required by
fications. § 135.411(a)(2) of this chapter.
(ii) The certificate holder may not (i) Subject to the approval of the Ad-
conduct any operation using any air- ministrator with regard to form and
craft not listed. content, the certificate holder may in-
(5) Kinds of operations authorized. corporate by reference the items listed
(6) Authorization and limitations for in paragraph (c)(6) of this section into
routes and areas of operations. the certificate holder’s operations
(7) Special airport authorizations and specifications by maintaining a cur-
limitations. rent listing of those items and by refer-
(8) Time limitations, or standards for ring to the specific list in the applica-
determining time limitations, for over- ble paragraph of the operations speci-
hauling, inspecting, and checking air- fications.
frames, engines, propellers, appliances,
(ii) The certificate holder may not
and emergency equipment.
(9) Authorization for the method of conduct any operation using any air-
controlling weight and balance of air- craft not listed.
craft. (7) Registration markings of each air-
(10) Aircraft wet lease information craft that is to be inspected under an
required by § 119.53(c). approved aircraft inspection program
(11) Any authorization or require- under § 135.419 of this chapter.
ment to conduct supplemental oper- (8) Time limitations or standards for
ations as provided by § 119.21(a)(3). determining time limitations, for over-
(12) Any authorized deviation or ex- hauls, inspections, and checks for air-
emption from any requirement of this frames, engines, propellers, rotors, ap-
chapter. pliances, and emergency equipment of
(13) An authorization permitting, or aircraft that are subject to an air-
a prohibition against, accepting, han- worthiness maintenance program re-
dling, and transporting materials regu- quired by § 135.411(a)(2) of this chapter.
lated as hazardous materials in trans- (9) Additional maintenance items re-
port under 49 CFR parts 171 through quired by the Administrator under
180. § 135.421 of this chapter.
(14) Any other item the Adminis-
(10) Aircraft wet lease information
trator determines is necessary.
required by § 119.53(c).
(c) Each certificate holder con-
ducting on-demand operations must ob- (11) Any authorized deviation or ex-
tain operations specifications con- emption from any requirement of this
taining all of the following: chapter.
(1) The specific location of the cer- (12) An authorization permitting, or
tificate holder’s principal base of oper- a prohibition against, accepting, han-
ations, and if different, the address dling, and transporting materials regu-
lpowell on DSK54DXVN1OFR with $$_JOB

that shall serve as the primary point of lated as hazardous materials in trans-
contact for correspondence between the port under 49 CFR parts 171 through
FAA and the name and mailing address 180.

25

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§ 119.51 14 CFR Ch. I (1–1–16 Edition)

(13) Any other item the Adminis- (c) When the certificate holder ap-
trator determines is necessary. plies for an amendment to its oper-
ations specifications, the following
[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as
amended by Amdt. 119–10, 70 FR 58823, Oct. 7,
procedure applies:
2005; Amdt. 119–13, 75 FR 26645, May 12, 2010] (1) The certificate holder must file an
application to amend its operations
§ 119.51 Amending operations speci- specifications—
fications. (i) At least 90 days before the date
(a) The Administrator may amend proposed by the applicant for the
any operations specifications issued amendment to become effective, unless
under this part if— a shorter time is approved, in cases of
mergers; acquisitions of airline oper-
(1) The Administrator determines
ational assets that require an addi-
that safety in air commerce and the
tional showing of safety (e.g., proving
public interest require the amendment;
tests); changes in the kind of operation
or
as defined in § 110.2; resumption of oper-
(2) The certificate holder applies for
ations following a suspension of oper-
the amendment, and the Administrator
ations as a result of bankruptcy ac-
determines that safety in air com-
tions; or the initial introduction of air-
merce and the public interest allows
craft not before proven for use in air
the amendment.
carrier or commercial operator oper-
(b) Except as provided in paragraph ations.
(e) of this section, when the Adminis- (ii) At least 15 days before the date
trator initiates an amendment to a cer- proposed by the applicant for the
tificate holder’s operations specifica- amendment to become effective in all
tions, the following procedure applies: other cases.
(1) The certificate-holding district of- (2) The application must be sub-
fice notifies the certificate holder in mitted to the certificate-holding dis-
writing of the proposed amendment. trict office in a form and manner pre-
(2) The certificate-holding district of- scribed by the Administrator.
fice sets a reasonable period (but not (3) After considering all material pre-
less than 7 days) within which the cer- sented, the certificate-holding district
tificate holder may submit written in- office notifies the certificate holder
formation, views, and arguments on of—
the amendment. (i) The adoption of the applied for
(3) After considering all material pre- amendment;
sented, the certificate-holding district (ii) The partial adoption of the ap-
office notifies the certificate holder plied for amendment; or
of— (iii) The denial of the applied for
(i) The adoption of the proposed amendment. The certificate holder
amendment; may petition for reconsideration of a
(ii) The partial adoption of the pro- denial under paragraph (d) of this sec-
posed amendment; or tion.
(iii) The withdrawal of the proposed (4) If the certificate-holding district
amendment. office approves the amendment, fol-
(4) If the certificate-holding district lowing coordination with the certifi-
office issues an amendment to the op- cate holder regarding its implementa-
erations specifications, it becomes ef- tion, the amendment is effective on the
fective not less than 30 days after the date the Administrator approves it.
certificate holder receives notice of it (d) When a certificate holder seeks
unless— reconsideration of a decision from the
(i) The certificate-holding district of- certificate-holding district office con-
fice finds under paragraph (e) of this cerning the amendment of operations
section that there is an emergency re- specifications, the following procedure
quiring immediate action with respect applies:
to safety in air commerce; or (1) The certificate holder must peti-
lpowell on DSK54DXVN1OFR with $$_JOB

(ii) The certificate holder petitions tion for reconsideration of that deci-
for reconsideration of the amendment sion within 30 days of the date that the
under paragraph (d) of this section. certificate holder receives a notice of

26

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Federal Aviation Administration, DOT § 119.53

denial of the amendment to its oper- would lease the aircraft to any other
ations specifications, or of the date it person engaged in common carriage op-
receives notice of an FAA-initiated erations under this subchapter, includ-
amendment to its operations specifica- ing foreign air carriers, or to any other
tions, whichever circumstance applies. foreign person engaged in common car-
(2) The certificate holder must ad- riage wholly outside the United States.
dress its petition to the Director, (b) No certificate holder under this
Flight Standards Service. part may wet lease from a foreign air
(3) A petition for reconsideration, if carrier or any other foreign person or
filed within the 30-day period, suspends any person not authorized to engage in
the effectiveness of any amendment common carriage.
issued by the certificate-holding dis- (c) Upon receiving a copy of a wet
trict office unless the certificate-hold- lease, the Administrator determines
ing district office has found, under which party to the agreement has oper-
paragraph (e) of this section, that an ational control of the aircraft and
emergency exists requiring immediate issues amendments to the operations
action with respect to safety in air specifications of each party to the
transportation or air commerce. agreement, as needed. The lessor must
(4) If a petition for reconsideration is provide the following information to be
not filed within 30 days, the procedures incorporated into the operations speci-
of paragraph (c) of this section apply. fications of both parties, as needed.
(e) If the certificate-holding district (1) The names of the parties to the
office finds that an emergency exists agreement and the duration thereof.
requiring immediate action with re- (2) The nationality and registration
spect to safety in air commerce or air markings of each aircraft involved in
transportation that makes the proce- the agreement.
dures set out in this section impracti- (3) The kind of operation (e.g., do-
cable or contrary to the public inter- mestic, flag, supplemental, commuter,
est: or on-demand).
(1) The certificate-holding district of- (4) The airports or areas of operation.
fice amends the operations specifica- (5) A statement specifying the party
tions and makes the amendment effec- deemed to have operational control and
tive on the day the certificate holder the times, airports, or areas under
receives notice of it. which such operational control is exer-
(2) In the notice to the certificate cised.
holder, the certificate-holding district (d) In making the determination of
office articulates the reasons for its paragraph (c) of this section, the Ad-
finding that an emergency exists re- ministrator will consider the following:
quiring immediate action with respect (1) Crewmembers and training.
to safety in air transportation or air (2) Airworthiness and performance of
commerce or that makes it impracti- maintenance.
cable or contrary to the public interest (3) Dispatch.
to stay the effectiveness of the amend- (4) Servicing the aircraft.
ment. (5) Scheduling.
[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as (6) Any other factor the Adminis-
amended by Amdt. 119–14, 76 FR 7488, Feb. 10, trator considers relevant.
2011] (e) Other arrangements for transpor-
tation by air: Except as provided in
§ 119.53 Wet leasing of aircraft and paragraph (f) of this section, a certifi-
other arrangements for transpor- cate holder under this part operating
tation by air. under part 121 or 135 of this chapter
(a) Unless otherwise authorized by may not conduct any operation for an-
the Administrator, prior to conducting other certificate holder under this part
operations involving a wet lease, each or a foreign air carrier under part 129
certificate holder under this part au- of this chapter or a foreign person en-
thorized to conduct common carriage gaged in common carriage wholly out-
lpowell on DSK54DXVN1OFR with $$_JOB

operations under this subchapter shall side the United States unless it holds
provide the Administrator with a copy applicable Department of Transpor-
of the wet lease to be executed which tation economic authority, if required,

27

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§ 119.55 14 CFR Ch. I (1–1–16 Edition)

and is authorized under its operations under a U.S. military contract under
specifications to conduct the same the following conditions—
kinds of operations (as defined in (1) The Department of Defense cer-
§ 110.2). The certificate holder con- tifies to the Administrator that the op-
ducting the substitute operation must eration is essential to the national de-
conduct that operation in accordance fense;
with the same operations authority (2) The Department of Defense fur-
held by the certificate holder arranging ther certifies that the certificate hold-
for the substitute operation. These sub- er cannot perform the operation with-
stitute operations must be conducted out deviation authority;
between airports for which the sub-
(3) The certificate holder will per-
stitute certificate holder holds author-
form the operation under a contract or
ity for scheduled operations or within
subcontract for the benefit of a U.S.
areas of operations for which the sub-
armed service; and
stitute certificate holder has authority
for supplemental or on-demand oper- (4) The Administrator finds that the
ations. deviation is based on grounds other
(f) A certificate holder under this than economic advantage either to the
part may, if authorized by the Depart- certificate holder or to the United
ment of Transportation under § 380.3 of States.
this title and the Administrator in the (d) In the case where the Adminis-
case of interstate commuter, interstate trator authorizes a deviation under
domestic, and flag operations, or the this section, the Administrator will
Administrator in the case of scheduled issue an appropriate amendment to the
intrastate common carriage oper- certificate holder’s operations speci-
ations, conduct one or more flights for fications.
passengers who are stranded because of (e) The Administrator may, at any
the cancellation of their scheduled time, terminate any grant of deviation
flights. These flights must be con- authority issued under this section.
ducted under the rules of part 121 or
[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as
part 135 of this chapter applicable to amended by Amdt. 119–16, 77 FR 402, Jan. 4,
supplemental or on-demand operations. 2012]
[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as
amended by Amdt. 119–14, 76 FR 7488, Feb. 10, § 119.57 Obtaining deviation authority
2011] to perform an emergency operation.
(a) In emergency conditions, the Ad-
§ 119.55 Obtaining deviation authority ministrator may authorize deviations
to perform operations under a U.S.
military contract. if—
(1) Those conditions necessitate the
(a) The Administrator may authorize transportation of persons or supplies
a certificate holder that is authorized for the protection of life or property;
to conduct supplemental or on-demand and
operations to deviate from the applica-
(2) The Administrator finds that a de-
ble requirements of this part, part 117,
viation is necessary for the expeditious
part 121, or part 135 of this chapter in
conduct of the operations.
order to perform operations under a
U.S. military contract. (b) When the Administrator author-
(b) A certificate holder that has a izes deviations for operations under
contract with the U.S. Department of emergency conditions—
Defense’s Air Mobility Command (1) The Administrator will issue an
(AMC) must submit a request for devi- appropriate amendment to the certifi-
ation authority to AMC. AMC will re- cate holder’s operations specifications;
view the requests, then forward the or
carriers’ consolidated requests, along (2) If the nature of the emergency
with AMC’s recommendations, to the does not permit timely amendment of
lpowell on DSK54DXVN1OFR with $$_JOB

FAA for review and action. the operations specifications—


(c) The Administrator may authorize (i) The Administrator may authorize
a deviation to perform operations the deviation orally; and

28

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Federal Aviation Administration, DOT § 119.63

(ii) The certificate holder shall pro- include inspections and tests of finan-
vide documentation describing the na- cial books and records.
ture of the emergency to the certifi-
cate-holding district office within 24 § 119.61 Duration and surrender of
hours after completing the operation. certificate and operations specifica-
tions.
§ 119.59 Conducting tests and inspec- (a) An Air Carrier Certificate or Op-
tions. erating Certificate issued under this
(a) At any time or place, the Admin- part is effective until—
istrator may conduct an inspection or (1) The certificate holder surrenders
test to determine whether a certificate it to the Administrator; or
holder under this part is complying (2) The Administrator suspends, re-
with title 49 of the United States Code, vokes, or otherwise terminates the cer-
applicable regulations, the certificate, tificate.
or the certificate holder’s operations (b) Operations specifications issued
specifications. under this part, part 121, or part 135 of
(b) The certificate holder must— this chapter are effective unless—
(1) Make available to the Adminis- (1) The Administrator suspends, re-
trator at the certificate holder’s prin- vokes, or otherwise terminates the cer-
cipal base of operations— tificate;
(i) The certificate holder’s Air Car- (2) The operations specifications are
rier Certificate or the certificate hold- amended as provided in § 119.51;
er’s Operating Certificate and the cer- (3) The certificate holder does not
tificate holder’s operations specifica- conduct a kind of operation for more
tions; and than the time specified in § 119.63 and
(ii) A current listing that will include fails to follow the procedures of § 119.63
the location and persons responsible upon resuming that kind of operation;
for each record, document, and report or
required to be kept by the certificate (4) The Administrator suspends or re-
holder under title 49 of the United vokes the operations specifications for
States Code applicable to the operation a kind of operation.
of the certificate holder. (c) Within 30 days after a certificate
(2) Allow the Administrator to make holder terminates operations under
any test or inspection to determine part 135 of this chapter, the operating
compliance respecting any matter stat- certificate and operations specifica-
ed in paragraph (a) of this section. tions must be surrendered by the cer-
(c) Each employee of, or person used tificate holder to the certificate-hold-
by, the certificate holder who is re- ing district office.
sponsible for maintaining the certifi-
cate holder’s records must make those § 119.63 Recency of operation.
records available to the Administrator. (a) Except as provided in paragraph
(d) The Administrator may deter- (b) of this section, no certificate holder
mine a certificate holder’s continued may conduct a kind of operation for
eligibility to hold its certificate and/or which it holds authority in its oper-
operations specifications on any ations specifications unless the certifi-
grounds listed in paragraph (a) of this cate holder has conducted that kind of
section, or any other appropriate operation within the preceding number
grounds. of consecutive calendar days specified
(e) Failure by any certificate holder in this paragraph:
to make available to the Administrator (1) For domestic, flag, or commuter
upon request, the certificate, oper- operations—30 days.
ations specifications, or any required (2) For supplemental or on-demand
record, document, or report is grounds operations—90 days, except that if the
for suspension of all or any part of the certificate holder has authority to con-
certificate holder’s certificate and op- duct domestic, flag, or commuter oper-
erations specifications. ations, and has conducted domestic,
lpowell on DSK54DXVN1OFR with $$_JOB

(f) In the case of operators con- flag or commuter operations within the
ducting intrastate common carriage previous 30 days, this paragraph does
operations, these inspections and tests not apply.

29

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§ 119.65 14 CFR Ch. I (1–1–16 Edition)

(b) If a certificate holder does not (d) The individuals who serve in the
conduct a kind of operation for which positions required or approved under
it is authorized in its operations speci- paragraph (a) or (b) of this section and
fications within the number of cal- anyone in a position to exercise control
endar days specified in paragraph (a) of over operations conducted under the
this section, it shall not conduct such operating certificate must—
kind of operation unless— (1) Be qualified through training, ex-
(1) It advises the Administrator at perience, and expertise;
least 5 consecutive calendar days be- (2) To the extent of their responsibil-
fore resumption of that kind of oper- ities, have a full understanding of the
ation; and following materials with respect to the
(2) It makes itself available and ac- certificate holder’s operation—
cessible during the 5 consecutive cal- (i) Aviation safety standards and safe
endar day period in the event that the operating practices;
FAA decides to conduct a full inspec- (ii) 14 CFR Chapter I (Federal Avia-
tion reexamination to determine tion Regulations);
whether the certificate holder remains (iii) The certificate holder’s oper-
properly and adequately equipped and ations specifications;
able to conduct a safe operation. (iv) All appropriate maintenance and
airworthiness requirements of this
[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as
chapter (e.g., parts 1, 21, 23, 25, 43, 45,
amended by Amdt. 119–2, 61 FR 30434, June
14, 1996] 47, 65, 91, and 121 of this chapter); and
(v) The manual required by § 121.133
§ 119.65 Management personnel re- of this chapter; and
quired for operations conducted (3) Discharge their duties to meet ap-
under part 121 of this chapter. plicable legal requirements and to
(a) Each certificate holder must have maintain safe operations.
sufficient qualified management and (e) Each certificate holder must:
technical personnel to ensure the high- (1) State in the general policy provi-
est degree of safety in its operations. sions of the manual required by
The certificate holder must have quali- § 121.133 of this chapter, the duties, re-
fied personnel serving full-time in the sponsibilities, and authority of per-
following or equivalent positions: sonnel required under paragraph (a) of
(1) Director of Safety. this section;
(2) List in the manual the names and
(2) Director of Operations.
business addresses of the individuals
(3) Chief Pilot.
assigned to those positions; and
(4) Director of Maintenance. (3) Notify the certificate-holding dis-
(5) Chief Inspector. trict office within 10 days of any
(b) The Administrator may approve change in personnel or any vacancy in
positions or numbers of positions other any position listed.
than those listed in paragraph (a) of
this section for a particular operation § 119.67 Management personnel: Quali-
if the certificate holder shows that it fications for operations conducted
can perform the operation with the under part 121 of this chapter.
highest degree of safety under the di- (a) To serve as Director of Operations
rection of fewer or different categories under § 119.65(a) a person must—
of management personnel due to— (1) Hold an airline transport pilot
(1) The kind of operation involved; certificate;
(2) The number and type of airplanes (2) Have at least 3 years supervisory
used; and or managerial experience within the
(3) The area of operations. last 6 years in a position that exercised
(c) The title of the positions required operational control over any oper-
under paragraph (a) of this section or ations conducted with large airplanes
the title and number of equivalent po- under part 121 or part 135 of this chap-
sitions approved under paragraph (b) of ter, or if the certificate holder uses
lpowell on DSK54DXVN1OFR with $$_JOB

this section shall be set forth in the only small airplanes in its operations,
certificate holder’s operations speci- the experience may be obtained in
fications. large or small airplanes; and

30

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Federal Aviation Administration, DOT § 119.67

(3) In the case of a person becoming a paragraph (c)(4)(i) or (c)(4)(ii) of this


Director of Operations— section maintaining the same category
(i) For the first time ever, have at and class of airplane as the certificate
least 3 years experience, within the holder uses; and
past 6 years, as pilot in command of a (4) Have 3 years experience within
large airplane operated under part 121 the past 6 years in one or a combina-
or part 135 of this chapter, if the cer- tion of the following—
tificate holder operates large airplanes. (i) Maintaining large airplanes with
If the certificate holder uses only small 10 or more passenger seats, including
airplanes in its operation, the experi- at the time of appointment as Director
ence may be obtained in either large or of Maintenance, experience in main-
small airplanes.
taining the same category and class of
(ii) In the case of a person with pre-
airplane as the certificate holder uses;
vious experience as a Director of Oper-
or
ations, have at least 3 years experience
as pilot in command of a large airplane (ii) Repairing airplanes in a certifi-
operated under part 121 or part 135 of cated airframe repair station that is
this chapter, if the certificate holder rated to maintain airplanes in the
operates large airplanes. If the certifi- same category and class of airplane as
cate holder uses only small airplanes in the certificate holder uses.
its operation, the experience may be (d) To serve as Chief Inspector under
obtained in either large or small air- § 119.65(a) a person must—
planes. (1) Hold a mechanic certificate with
(b) To serve as Chief Pilot under both airframe and powerplant ratings,
§ 119.65(a) a person must hold an airline and have held these ratings for at least
transport pilot certificate with appro- 3 years;
priate ratings for at least one of the (2) Have at least 3 years of mainte-
airplanes used in the certificate hold- nance experience on different types of
er’s operation and: large airplanes with 10 or more pas-
(1) In the case of a person becoming a senger seats with an air carrier or cer-
Chief Pilot for the first time ever, have tificated repair station, 1 year of which
at least 3 years experience, within the must have been as maintenance inspec-
past 6 years, as pilot in command of a tor; and
large airplane operated under part 121 (3) Have at least 1 year of experience
or part 135 of this chapter, if the cer- in a supervisory capacity maintaining
tificate holder operates large airplanes.
the same category and class of aircraft
If the certificate holder uses only small
as the certificate holder uses.
airplanes in its operation, the experi-
(e) A certificate holder may request a
ence may be obtained in either large or
small airplanes. deviation to employ a person who does
(2) In the case of a person with pre- not meet the appropriate airman expe-
vious experience as a Chief Pilot, have rience, managerial experience, or su-
at least 3 years experience, as pilot in pervisory experience requirements of
command of a large airplane operated this section if the Manager of the Air
under part 121 or part 135 of this chap- Transportation Division, AFS–200, or
ter, if the certificate holder operates the Manager of the Aircraft Mainte-
large airplanes. If the certificate hold- nance Division, AFS–300, as appro-
er uses only small airplanes in its oper- priate, finds that the person has com-
ation, the experience may be obtained parable experience, and can effectively
in either large or small airplanes. perform the functions associated with
(c) To serve as Director of Mainte- the position in accordance with the re-
nance under § 119.65(a) a person must— quirements of this chapter and the pro-
(1) Hold a mechanic certificate with cedures outlined in the certificate
airframe and powerplant ratings; holder’s manual. Grants of deviation
(2) Have 1 year of experience in a po- under this paragraph may be granted
sition responsible for returning air- after consideration of the size and
lpowell on DSK54DXVN1OFR with $$_JOB

planes to service; scope of the operation and the quali-


(3) Have at least 1 year of experience fications of the intended personnel.
in a supervisory capacity under either The Administrator may, at any time,

31

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§ 119.69 14 CFR Ch. I (1–1–16 Edition)

terminate any grant of deviation au- (iii) The certificate holder’s oper-
thority issued under this paragraph. ations specifications;
(iv) All appropriate maintenance and
[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as
amended by Amdt. 119–2, 61 FR 30434, June
airworthiness requirements of this
14, 1996; Amdt. 119–3, 62 FR 13255, Mar. 19, chapter (e.g., parts 1, 21, 23, 25, 43, 45,
1997] 47, 65, 91, and 135 of this chapter); and
(v) The manual required by § 135.21 of
§ 119.69 Management personnel re- this chapter; and
quired for operations conducted (3) Discharge their duties to meet ap-
under part 135 of this chapter. plicable legal requirements and to
(a) Each certificate holder must have maintain safe operations.
sufficient qualified management and (e) Each certificate holder must—
technical personnel to ensure the safe- (1) State in the general policy provi-
ty of its operations. Except for a cer- sions of the manual required by § 135.21
tificate holder using only one pilot in of this chapter, the duties, responsibil-
its operations, the certificate holder ities, and authority of personnel re-
must have qualified personnel serving quired or approved under paragraph (a)
in the following or equivalent posi- or (b), respectively, of this section;
tions: (2) List in the manual the names and
(1) Director of Operations. business addresses of the individuals
(2) Chief Pilot. assigned to those positions; and
(3) Director of Maintenance. (3) Notify the certificate-holding dis-
(b) The Administrator may approve trict office within 10 days of any
positions or numbers of positions other change in personnel or any vacancy in
than those listed in paragraph (a) of any position listed.
this section for a particular operation § 119.71 Management personnel: Quali-
if the certificate holder shows that it fications for operations conducted
can perform the operation with the under part 135 of this chapter.
highest degree of safety under the di-
(a) To serve as Director of Operations
rection of fewer or different categories
under § 119.69(a) for a certificate holder
of management personnel due to—
conducting any operations for which
(1) The kind of operation involved;
the pilot in command is required to
(2) The number and type of aircraft hold an airline transport pilot certifi-
used; and cate a person must hold an airline
(3) The area of operations. transport pilot certificate and either:
(c) The title of the positions required (1) Have at least 3 years supervisory
under paragraph (a) of this section or or managerial experience within the
the title and number of equivalent po- last 6 years in a position that exercised
sitions approved under paragraph (b) of operational control over any oper-
this section shall be set forth in the ations conducted under part 121 or part
certificate holder’s operations speci- 135 of this chapter; or
fications. (2) In the case of a person becoming
(d) The individuals who serve in the Director of Operations—
positions required or approved under (i) For the first time ever, have at
paragraph (a) or (b) of this section and least 3 years experience, within the
anyone in a position to exercise control past 6 years, as pilot in command of an
over operations conducted under the aircraft operated under part 121 or part
operating certificate must— 135 of this chapter.
(1) Be qualified through training, ex- (ii) In the case of a person with pre-
perience, and expertise; vious experience as a Director of Oper-
(2) To the extent of their responsibil- ations, have at least 3 years experi-
ities, have a full understanding of the ence, as pilot in command of an air-
following material with respect to the craft operated under part 121 or part
certificate holder’s operation— 135 of this chapter.
(i) Aviation safety standards and safe (b) To serve as Director of Operations
lpowell on DSK54DXVN1OFR with $$_JOB

operating practices; under § 119.69(a) for a certificate holder


(ii) 14 CFR Chapter I (Federal Avia- that only conducts operations for
tion Regulations); which the pilot in command is required

32

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Federal Aviation Administration, DOT § 119.71

to hold a commercial pilot certificate, The Chief Pilot must be qualified to


a person must hold at least a commer- serve as pilot in command in at least
cial pilot certificate. If an instrument one aircraft used in the certificate
rating is required for any pilot in com- holder’s operation. In addition, the
mand for that certificate holder, the Chief Pilot must:
Director of Operations must also hold (1) In the case of a person becoming a
an instrument rating. In addition, the Chief Pilot for the first time ever, have
Director of Operations must either— at least 3 years experience, within the
(1) Have at least 3 years supervisory past 6 years, as pilot in command of an
or managerial experience within the aircraft operated under part 121 or part
last 6 years in a position that exercised
135 of this chapter.
operational control over any oper-
ations conducted under part 121 or part (2) In the case of a person with pre-
135 of this chapter; or vious experience as a Chief Pilot, have
(2) In the case of a person becoming at least 3 years experience as pilot in
Director of Operations— command of an aircraft operated under
(i) For the first time ever, have at part 121 or part 135 of this chapter.
least 3 years experience, within the (e) To serve as Director of Mainte-
past 6 years, as pilot in command of an nance under § 119.69(a) a person must
aircraft operated under part 121 or part hold a mechanic certificate with air-
135 of this chapter. frame and powerplant ratings and ei-
(ii) In the case of a person with pre- ther:
vious experience as a Director of Oper- (1) Have 3 years of experience within
ations, have at least 3 years experience the past 6 years maintaining aircraft
as pilot in command of an aircraft op- as a certificated mechanic, including,
erated under part 121 or part 135 of this at the time of appointment as Director
chapter. of Maintenance, experience in main-
(c) To serve as Chief Pilot under taining the same category and class of
§ 119.69(a) for a certificate holder con- aircraft as the certificate holder uses;
ducting any operation for which the or
pilot in command is required to hold an
(2) Have 3 years of experience within
airline transport pilot certificate a per-
son must hold an airline transport the past 6 years repairing aircraft in a
pilot certificate with appropriate rat- certificated airframe repair station, in-
ings and be qualified to serve as pilot cluding 1 year in the capacity of ap-
in command in at least one aircraft proving aircraft for return to service.
used in the certificate holder’s oper- (f) A certificate holder may request a
ation and: deviation to employ a person who does
(1) In the case of a person becoming a not meet the appropriate airmen expe-
Chief Pilot for the first time ever, have rience requirements, managerial expe-
at least 3 years experience, within the rience requirements, or supervisory ex-
past 6 years, as pilot in command of an perience requirements of this section if
aircraft operated under part 121 or part the Manager of the Air Transportation
135 of this chapter. Division, AFS–200, or the Manager of
(2) In the case of a person with pre- the Aircraft Maintenance Division,
vious experience as a Chief Pilot, have AFS–300, as appropriate, find that the
at least 3 years experience as pilot in person has comparable experience, and
command of an aircraft operated under can effectively perform the functions
part 121 or part 135 of this chapter. associated with the position in accord-
(d) To serve as Chief Pilot under ance with the requirements of this
§ 119.69(a) for a certificate holder that chapter and the procedures outlined in
only conducts operations for which the the certificate holder’s manual. The
pilot in command is required to hold a
Administrator may, at any time, ter-
commercial pilot certificate, a person
minate any grant of deviation author-
must hold at least a commercial pilot
certificate. If an instrument rating is ity issued under this paragraph.
lpowell on DSK54DXVN1OFR with $$_JOB

required for any pilot in command for [Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as
that certificate holder, the Chief Pilot amended by Amdt. 119–3, 62 FR 13255, Mar. 19,
must also hold an instrument rating. 1997; Amdt. 119–12, 72 FR 54816, Sept. 27, 2007]

33

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§ 119.73 14 CFR Ch. I (1–1–16 Edition)

§ 119.73 Employment of former FAA Subpart B—Individuals Certificated Under


employees. Parts 61, 63, and 65
(a) Except as specified in paragraph 120.11 Refusal to submit to a drug or alco-
(c) of this section, no certificate holder hol test by a Part 61 certificate holder.
conducting operations under part 121 or 120.13 Refusal to submit to a drug or alco-
135 of this chapter may knowingly em- hol test by a Part 63 certificate holder.
ploy or make a contractual arrange- 120.15 Refusal to submit to a drug or alco-
ment which permits an individual to hol test by a Part 65 certificate holder.
act as an agent or representative of the
Subpart C—Air Traffic Controllers
certificate holder in any matter before
the Federal Aviation Administration if 120.17 Use of prohibited drugs.
the individual, in the preceding 2 120.19 Misuse of alcohol.
years— 120.21 Testing for alcohol.
(1) Served as, or was directly respon-
sible for the oversight of, a Flight Subpart D—Part 119 Certificate Holders
Standards Service aviation safety in- Authorized To Conduct Operations
spector; and Under Part 121 or Part 135 or Operators
(2) Had direct responsibility to in- Under § 91.147 of This Chapter and
spect, or oversee the inspection of, the Safety-Sensitive Employees
operations of the certificate holder. 120.31 Prohibited drugs.
(b) For the purpose of this section, an 120.33 Use of prohibited drugs.
individual shall be considered to be 120.35 Testing for prohibited drugs.
acting as an agent or representative of 120.37 Misuse of alcohol.
a certificate holder in a matter before 120.39 Testing for alcohol.
the agency if the individual makes any
written or oral communication on be- Subpart E—Drug Testing Program
half of the certificate holder to the Requirements
agency (or any of its officers or em- 120.101 Scope.
ployees) in connection with a par- 120.103 General.
ticular matter, whether or not involv- 120.105 Employees who must be tested.
ing a specific party and without regard 120.107 Substances for which testing must
to whether the individual has partici- be conducted.
pated in, or had responsibility for, the 120.109 Types of drug testing required.
particular matter while serving as a 120.111 Administrative and other matters.
Flight Standards Service aviation safe- 120.113 Medical Review Officer, Substance
Abuse Professional, and employer re-
ty inspector. sponsibilities.
(c) The provisions of this section do 120.115 Employee Assistance Program
not prohibit a certificate holder from (EAP).
knowingly employing or making a con- 120.117 Implementing a drug testing pro-
tractual arrangement which permits an gram.
individual to act as an agent or rep- 120.119 Annual reports.
resentative of the certificate holder in 120.121 Preemption.
any matter before the Federal Aviation 120.123 Drug testing outside of the territory
of the United States.
Administration if the individual was
120.125 Waivers from 49 CFR 40.21.
employed by the certificate holder be-
fore October 21, 2011. Subpart F—Alcohol Testing Program
[Doc. No. FAA–2008–1154, 76 FR 52235, Aug. 22, Requirements
2011]
120.201 Scope.
120.203 General.
PART 120—DRUG AND ALCOHOL 120.205 Preemption of State and local laws.
TESTING PROGRAM 120.207 Other requirements imposed by em-
ployers.
Subpart A—General 120.209 Requirement for notice.
120.211 Applicable Federal regulations.
Sec. 120.213 Falsification.
120.1 Applicability. 120.215 Covered employees.
lpowell on DSK54DXVN1OFR with $$_JOB

120.3 Purpose. 120.217 Tests required.


120.5 Procedures. 120.219 Handling of test results, record re-
120.7 Definitions. tention, and confidentiality.

34

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Federal Aviation Administration, DOT § 120.7
120.221 Consequences for employees engag- (a) Accident means an occurrence as-
ing in alcohol-related conduct. sociated with the operation of an air-
120.223 Alcohol misuse information, train- craft which takes place between the
ing, and substance abuse professionals.
120.225 How to implement an alcohol testing
time any individual boards the aircraft
program. with the intention of flight and all
120.227 Employees located outside the U.S. such individuals have disembarked, and
in which any individual suffers death
AUTHORITY: 49 U.S.C. 106(f), 106(g), 40101–
40103, 40113, 40120, 41706, 41721, 44106, 44701, or serious injury, or in which the air-
44702, 44703, 44709, 44710, 44711, 45101–45105, craft receives substantial damage.
46105, 46306. (b) Alcohol means the intoxicating
SOURCE: Docket No. FAA–2008–0937, 74 FR agent in beverage alcohol, ethyl alco-
22653, May 14, 2009, unless otherwise noted. hol, or other low molecular weight al-
cohols, including methyl or isopropyl
Subpart A—General alcohol.
(c) Alcohol concentration (or content)
§ 120.1 Applicability. means the alcohol in a volume of
This part applies to the following breath expressed in terms of grams of
persons: alcohol per 210 liters of breath as indi-
(a) All air carriers and operators cer- cated by an evidential breath test
tificated under part 119 of this chapter under subpart F of this part.
authorized to conduct operations under (d) Alcohol use means the consump-
part 121 or part 135 of this chapter, all tion of any beverage, mixture, or prep-
air traffic control facilities not oper- aration, including any medication, con-
ated by the FAA or by or under con- taining alcohol.
tract to the U.S. military; and all oper- (e) Contractor is an individual or com-
ators as defined in 14 CFR 91.147. pany that performs a safety-sensitive
(b) All individuals who perform, ei- function by contract for an employer
ther directly or by contract, a safety- or another contractor.
sensitive function listed in subpart E (f) Covered employee means an indi-
or subpart F of this part. vidual who performs, either directly or
(c) All part 145 certificate holders by contract, a safety-sensitive function
who perform safety-sensitive functions listed in §§ 120.105 and 120.215 for an em-
and elect to implement a drug and al- ployer (as defined in paragraph (i) of
cohol testing program under this part. this section). For purposes of pre-em-
(d) All contractors who elect to im- ployment testing only, the term ‘‘cov-
plement a drug and alcohol testing pro- ered employee’’ includes an individual
gram under this part. applying to perform a safety-sensitive
function.
§ 120.3 Purpose. (g) DOT agency means an agency (or
The purpose of this part is to estab- ‘‘operating administration’’) of the
lish a program designed to help prevent United States Department of Transpor-
accidents and injuries resulting from tation administering regulations re-
the use of prohibited drugs or the mis- quiring drug and alcohol testing (14
use of alcohol by employees who per- CFR parts 61, 65, 121, and 135; 46 CFR
form safety-sensitive functions in avia- part 16; 49 CFR parts 199, 219, and 382)
tion. in accordance with 49 CFR part 40.
(h) Employee is an individual who is
§ 120.5 Procedures. hired, either directly or by contract, to
Each employer having a drug and al- perform a safety-sensitive function for
cohol testing program under this part an employer, as defined in paragraph
must ensure that all drug and alcohol (i) of this section. An employee is also
testing conducted pursuant to this part an individual who transfers into a posi-
complies with the procedures set forth tion to perform a safety-sensitive func-
in 49 CFR part 40. tion for an employer.
(i) Employer is a part 119 certificate
lpowell on DSK54DXVN1OFR with $$_JOB

§ 120.7 Definitions. holder with authority to operate under


For the purposes of this part, the fol- parts 121 and/or 135 of this chapter, an
lowing definitions apply: operator as defined in § 91.147 of this

35

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§ 120.11 14 CFR Ch. I (1–1–16 Edition)

chapter, or an air traffic control facil- (r) Verified positive drug test result
ity not operated by the FAA or by or means a drug test result from an HHS-
under contract to the U.S. Military. An certified laboratory that has undergone
employer may use a contract employee review by an MRO and has been deter-
who is not included under that employ- mined by the MRO to be a positive re-
er’s FAA-mandated drug and alcohol sult.
testing program to perform a safety- (s) Violation rate for random alcohol
sensitive function only if that contract testing means the number of 0.04, and
employee is included under the con- above, random alcohol confirmation
tractor’s FAA-mandated drug and alco- test results conducted under subpart F
hol testing program and is performing of this part, plus the number of refus-
a safety-sensitive function on behalf of als of random alcohol tests required by
that contractor (i.e., within the scope subpart F of this part, divided by the
of employment with the contractor.) total number of random alcohol screen-
(j) Hire means retaining an individual ing tests (including refusals) conducted
for a safety-sensitive function as a paid under subpart F of this part.
employee, as a volunteer, or through [Doc. No. FAA–2008–0937, 74 FR 22653, May 14,
barter or other form of compensation. 2009; Amdt. 120–0A, 75 FR 3153, Jan. 20, 2010]
(k) Performing (a safety-sensitive
function): an employee is considered to Subpart B—Individuals Certifi-
be performing a safety-sensitive func- cated Under Parts 61, 63, and
tion during any period in which he or
she is actually performing, ready to
65
perform, or immediately available to § 120.11 Refusal to submit to a drug or
perform such function. alcohol test by a Part 61 certificate
(l) Positive rate for random drug testing holder.
means the number of verified positive (a) This section applies to all individ-
results for random drug tests con- uals who hold a certificate under part
ducted under subpart E of this part, 61 of this chapter and who are subject
plus the number of refusals of random to drug and alcohol testing under this
drug tests required by subpart E of this part.
part, divided by the total number of (b) Refusal by the holder of a certifi-
random drug test results (i.e., cate issued under part 61 of this chap-
positives, negatives, and refusals) ter to take a drug or alcohol test re-
under subpart E of this part. quired under the provisions of this part
(m) Prohibited drug means marijuana, is grounds for:
cocaine, opiates, phencyclidine (PCP), (1) Denial of an application for any
and amphetamines, as specified in 49 certificate, rating, or authorization
CFR 40.85. issued under part 61 of this chapter for
(n) Refusal to submit to alcohol test a period of up to 1 year after the date
means that a covered employee has en- of such refusal; and
gaged in conduct including but not lim- (2) Suspension or revocation of any
ited to that described in 49 CFR 40.261, certificate, rating, or authorization
or has failed to remain readily avail- issued under part 61 of this chapter.
able for post-accident testing as re-
quired by subpart F of this part. § 120.13 Refusal to submit to a drug or
(o) Refusal to submit to drug test means alcohol test by a Part 63 certificate
that an employee engages in conduct holder.
including but not limited to that de- (a) This section applies to all individ-
scribed in 49 CFR 40.191. uals who hold a certificate under part
(p) Safety-sensitive function means a 63 of this chapter and who are subject
function listed in §§ 120.105 and 120.215. to drug and alcohol testing under this
(q) Verified negative drug test result part.
means a drug test result from an HHS- (b) Refusal by the holder of a certifi-
certified laboratory that has undergone cate issued under part 63 of this chap-
lpowell on DSK54DXVN1OFR with $$_JOB

review by an MRO and has been deter- ter to take a drug or alcohol test re-
mined by the MRO to be a negative re- quired under the provisions of this part
sult. is grounds for:

36

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Federal Aviation Administration, DOT § 120.19

(1) Denial of an application for any (c) No employer shall knowingly use
certificate or rating issued under part any individual to perform, nor may any
63 of this chapter for a period of up to individual perform for an employer, ei-
1 year after the date of such refusal; ther directly or by contract, any air
and traffic control function if the indi-
(2) Suspension or revocation of any vidual has a verified positive drug test
certificate or rating issued under part result on, or has refused to submit to,
63 of this chapter. a drug test required by subpart E of
this part and the individual has not
[Doc. No. FAA–2008–0937, 74 FR 22653, May 14,
2009; Amdt. 120–0A, 75 FR 3153, Jan. 20, 2010] met the requirements of subpart E of
this part for returning to the perform-
§ 120.15 Refusal to submit to a drug or ance of safety-sensitive duties.
alcohol test by a Part 65 certificate (d) Each employer shall test each of
holder. its employees who perform any air
(a) This section applies to all individ- traffic control function in accordance
uals who hold a certificate under part with subpart E of this part. No em-
65 of this chapter and who are subject ployer may use any contractor to per-
to drug and alcohol testing under this form any air traffic control function
part. unless that contractor tests each em-
(b) Refusal by the holder of a certifi- ployee performing such a function for
cate issued under part 65 of this chap- the employer in accordance with sub-
ter to take a drug or alcohol test re- part E of this part.
quired under the provisions of this part [Doc. No. FAA–2008–0937, 74 FR 22653, May 14,
is grounds for: 2009; Amdt. 120–0A, 75 FR 3153, Jan. 20, 2010]
(1) Denial of an application for any
certificate or rating issued under part § 120.19 Misuse of alcohol.
65 of this chapter for a period of up to
(a) This section applies to covered
1 year after the date of such refusal;
employees who perform air traffic con-
and
trol duties directly or by contract for
(2) Suspension or revocation of any an employer that is an air traffic con-
certificate or rating issued under part
trol facility not operated by the FAA
65 of this chapter.
or the US military.
[Doc. No. FAA–2008–0937, 74 FR 22653, May 14, (b) Alcohol concentration. No covered
2009; Amdt. 120–0A, 75 FR 3153, Jan. 20, 2010] employee shall report for duty or re-
main on duty requiring the perform-
Subpart C—Air Traffic Controllers ance of safety-sensitive functions while
having an alcohol concentration of 0.04
§ 120.17 Use of prohibited drugs. or greater. No employer having actual
(a) Each employer shall provide each knowledge that an employee has an al-
employee performing a function listed cohol concentration of 0.04 or greater
in subpart E of this part, and his or her shall permit the employee to perform
supervisor, with the training specified or continue to perform safety-sensitive
in that subpart. No employer may use functions.
any contractor to perform an air traf- (c) On-duty use. No covered employee
fic control function unless that con- shall use alcohol while performing
tractor provides each of its employees safety-sensitive functions. No em-
performing that function for the em- ployer having actual knowledge that a
ployer, and his or her supervisor, with covered employee is using alcohol
the training specified in subpart E of while performing safety-sensitive func-
this part. tions shall permit the employee to per-
(b) No employer may knowingly use form or continue to perform safety-sen-
any individual to perform, nor may any sitive functions.
individual perform for an employer, ei- (d) Pre-duty use. No covered employee
ther directly or by contract, any air shall perform air traffic control duties
lpowell on DSK54DXVN1OFR with $$_JOB

traffic control function while that indi- within 8 hours after using alcohol. No
vidual has a prohibited drug, as defined employer having actual knowledge
in this part, in his or her system. that such an employee has used alcohol

37

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§ 120.21 14 CFR Ch. I (1–1–16 Edition)

within 8 hours shall permit the em- its employees performing that function
ployee to perform or continue to per- for the certificate holder or operator,
form air traffic control duties. and his or her supervisor, with the
(e) Use following an accident. No cov- training specified in that subpart.
ered employee who has actual knowl-
edge of an accident involving an air- § 120.33 Use of prohibited drugs.
craft for which he or she performed a (a) This section applies to individuals
safety-sensitive function at or near the who perform a function listed in sub-
time of the accident shall use alcohol part E of this part for a certificate
for 8 hours following the accident, un- holder or operator. For the purpose of
less he or she has been given a post-ac- this section, an individual who per-
cident test under subpart F of this part forms such a function pursuant to a
or the employer has determined that contract with the certificate holder or
the employee’s performance could not the operator is considered to be per-
have contributed to the accident. forming that function for the certifi-
(f) Refusal to submit to a required alco- cate holder or the operator.
hol test. A covered employee may not (b) No certificate holder or operator
refuse to submit to any alcohol test re- may knowingly use any individual to
quired under subpart F of this part. An perform, nor may any individual per-
employer may not permit an employee form for a certificate holder or an oper-
who refuses to submit to such a test to ator, either directly or by contract,
perform or continue to perform safety- any function listed in subpart E of this
sensitive functions. part while that individual has a prohib-
ited drug, as defined in this part, in his
§ 120.21 Testing for alcohol. or her system.
(a) Each air traffic control facility (c) No certificate holder or operator
not operated by the FAA or the U.S. shall knowingly use any individual to
military must establish an alcohol perform, nor shall any individual per-
testing program in accordance with the form for a certificate holder or oper-
provisions of subpart F of this part. ator, either directly or by contract,
(b) No employer shall use any indi- any safety-sensitive function if that in-
vidual who meets the definition of cov- dividual has a verified positive drug
ered employee in subpart A of this part test result on, or has refused to submit
to perform a safety-sensitive function to, a drug test required by subpart E of
listed in subpart F of this part unless this part and the individual has not
that individual is subject to testing for met the requirements of that subpart
alcohol misuse in accordance with the for returning to the performance of
provisions of that subpart. safety-sensitive duties.
[Doc. No. FAA–2008–0937, 74 FR 22653, May 14,
Subpart D—Part 119 Certificate 2009; Amdt. 120–0A, 75 FR 3153, Jan. 20, 2010]
Holders Authorized To Con- § 120.35 Testing for prohibited drugs.
duct Operations under Part
(a) Each certificate holder or oper-
121 or Part 135 or Operators ator shall test each of its employees
Under § 91.147 of This Chapter who perform a function listed in sub-
and Safety-Sensitive Employ- part E of this part in accordance with
ees that subpart.
(b) Except as provided in paragraph
§ 120.31 Prohibited drugs. (c) of this section, no certificate holder
(a) Each certificate holder or oper- or operator may use any contractor to
ator shall provide each employee per- perform a function listed in subpart E
forming a function listed in subpart E of this part unless that contractor
of this part, and his or her supervisor, tests each employee performing such a
with the training specified in that sub- function for the certificate holder or
part. operator in accordance with that sub-
(b) No certificate holder or operator part.
lpowell on DSK54DXVN1OFR with $$_JOB

may use any contractor to perform a (c) If a certificate holder conducts an


function listed in subpart E of this part on-demand operation into an airport at
unless that contractor provides each of which no maintenance providers are

38

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Federal Aviation Administration, DOT § 120.39

available that are subject to the re- hol while performing safety-sensitive
quirements of subpart E of this part functions shall permit the employee to
and emergency maintenance is re- perform or continue to perform safety-
quired, the certificate holder may use sensitive functions.
individuals not meeting the require- (d) Pre-duty use. (1) No covered em-
ments of paragraph (b) of this section ployee shall perform flight crew-
to provide such emergency mainte- member or flight attendant duties
nance under both of the following con- within 8 hours after using alcohol. No
ditions: certificate holder having actual knowl-
(1) The certificate holder must give edge that such an employee has used
written notification of the emergency alcohol within 8 hours shall permit the
maintenance to the Drug Abatement employee to perform or continue to
Program Division, AAM–800, 800 Inde- perform the specified duties.
pendence Avenue, SW., Washington, DC (2) No covered employee shall per-
20591, within 10 days after being pro- form safety-sensitive duties other than
vided same in accordance with this those specified in paragraph (d)(1) of
paragraph. A certificate holder must this section within 4 hours after using
retain copies of all such written notifi- alcohol. No certificate holder having
cations for two years. actual knowledge that such an em-
(2) The aircraft must be reinspected ployee has used alcohol within 4 hours
by maintenance personnel who meet shall permit the employee to perform
the requirements of paragraph (b) of or to continue to perform safety-sen-
this section when the aircraft is next sitive functions.
at an airport where such maintenance (e) Use following an accident. No cov-
personnel are available. ered employee who has actual knowl-
(d) For purposes of this section, edge of an accident involving an air-
emergency maintenance means main- craft for which he or she performed a
tenance that— safety-sensitive function at or near the
(1) Is not scheduled and time of the accident shall use alcohol
(2) Is made necessary by an aircraft for 8 hours following the accident, un-
condition not discovered prior to the less he or she has been given a post-ac-
departure for that location. cident test under subpart F of this
part, or the employer has determined
§ 120.37 Misuse of alcohol. that the employee’s performance could
(a) General. This section applies to not have contributed to the accident.
covered employees who perform a func- (f) Refusal to submit to a required alco-
tion listed in subpart F of this part for hol test. A covered employee must not
a certificate holder. For the purpose of refuse to submit to any alcohol test re-
this section, an individual who meets quired under subpart F of this part. A
the definition of covered employee in certificate holder must not permit an
subpart F of this part is considered to employee who refuses to submit to
be performing the function for the cer- such a test to perform or continue to
tificate holder. perform safety-sensitive functions.
(b) Alcohol concentration. No covered
employee shall report for duty or re- § 120.39 Testing for alcohol.
main on duty requiring the perform- (a) Each certificate holder must es-
ance of safety-sensitive functions while tablish an alcohol testing program in
having an alcohol concentration of 0.04 accordance with the provisions of sub-
or greater. No certificate holder having part F of this part.
actual knowledge that an employee has (b) Except as provided in paragraph
an alcohol concentration of 0.04 or (c) of this section, no certificate holder
greater shall permit the employee to or operator may use any individual
perform or continue to perform safety- who meets the definition of covered
sensitive functions. employee in subpart A of this part to
(c) On-duty use. No covered employee perform a safety-sensitive function
shall use alcohol while performing listed in that subpart F of this part un-
lpowell on DSK54DXVN1OFR with $$_JOB

safety-sensitive functions. No certifi- less that individual is subject to test-


cate holder having actual knowledge ing for alcohol misuse in accordance
that a covered employee is using alco- with the provisions of that subpart.

39

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§ 120.101 14 CFR Ch. I (1–1–16 Edition)

(c) If a certificate holder conducts an published by the Department of Trans-


on-demand operation into an airport at portation (DOT) (49 CFR part 40).
which no maintenance providers are (2) An employer may not use or con-
available that are subject to the re- tract with any drug testing laboratory
quirements of subpart F of this part that is not certified by the Department
and emergency maintenance is re- of Health and Human Services (HHS)
quired, the certificate holder may use under the National Laboratory Certifi-
individuals not meeting the require- cation Program.
ments of paragraph (b) of this section (c) Employer responsibility. As an em-
to provide such emergency mainte- ployer, you are responsible for all ac-
nance under both of the following con- tions of your officials, representatives,
ditions: and service agents in carrying out the
(1) The certificate holder must give requirements of this subpart and 49
written notification of the emergency CFR part 40.
maintenance to the Drug Abatement (d) Applicable Federal Regulations. The
Program Division, AAM–800, 800 Inde- following applicable regulations appear
pendence Avenue, SW., Washington, DC in 49 CFR or 14 CFR:
20591, within 10 days after being pro- (1) 49 CFR Part 40—Procedures for
vided same in accordance with this Transportation Workplace Drug Test-
paragraph. A certificate holder must ing Programs
retain copies of all such written notifi- (2) 14 CFR:
cations for two years. (i) § 67.107—First-Class Airman Med-
(2) The aircraft must be reinspected ical Certificate, Mental.
by maintenance personnel who meet (ii) § 67.207—Second-Class Airman
the requirements of paragraph (b) of Medical Certificate, Mental.
this section when the aircraft is next (iii) § 67.307—Third-Class Airman
at an airport where such maintenance Medical Certificate, Mental.
personnel are available. (iv) § 91.147—Passenger carrying
(d) For purposes of this section, flight for compensation or hire.
emergency maintenance means main- (v) § 135.1—Applicability
tenance that— (e) Falsification. No individual may
(1) Is not scheduled and make, or cause to be made, any of the
(2) Is made necessary by an aircraft following:
condition not discovered prior to the (1) Any fraudulent or intentionally
departure for that location. false statement in any application of a
drug testing program.
Subpart E—Drug Testing Program (2) Any fraudulent or intentionally
Requirements false entry in any record or report that
is made, kept, or used to show compli-
§ 120.101 Scope. ance with this part.
This subpart contains the standards (3) Any reproduction or alteration,
and components that must be included for fraudulent purposes, of any report
in a drug testing program required by or record required to be kept by this
this part. part.
[Doc. No. FAA–2008–0937, 74 FR 22653, May 14,
§ 120.103 General. 2009; Amdt. 120–0A, 75 FR 3153, Jan. 20, 2010]
(a) Purpose. The purpose of this sub-
part is to establish a program designed § 120.105 Employees who must be test-
to help prevent accidents and injuries ed.
resulting from the use of prohibited Each employee, including any assist-
drugs by employees who perform safe- ant, helper, or individual in a training
ty-sensitive functions. status, who performs a safety-sensitive
(b) DOT procedures. (1) Each employer function listed in this section directly
shall ensure that drug testing pro- or by contract (including by sub-
grams conducted pursuant to 14 CFR contract at any tier) for an employer
parts 65, 91, 121, and 135 comply with as defined in this subpart must be sub-
lpowell on DSK54DXVN1OFR with $$_JOB

the requirements of this subpart and ject to drug testing under a drug test-
the ‘‘Procedures for Transportation ing program implemented in accord-
Workplace Drug Testing Programs’’ ance with this subpart. This includes

40

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Federal Aviation Administration, DOT § 120.109

full-time, part-time, temporary, and required by paragraphs (a)(1) or (2) of


intermittent employees regardless of this section and hiring or transferring
the degree of supervision. The safety- the individual into a safety-sensitive
sensitive functions are: function, resulting in that individual
(a) Flight crewmember duties. being brought under an FAA drug test-
(b) Flight attendant duties. ing program.
(c) Flight instruction duties. (4) If the following criteria are met,
(d) Aircraft dispatcher duties. an employer is permitted to conduct a
(e) Aircraft maintenance and preven- pre-employment test, and if such a test
tive maintenance duties. is conducted, the employer must re-
(f) Ground security coordinator du- ceive a negative test result before put-
ties. ting the individual into a safety-sen-
(g) Aviation screening duties. sitive function:
(h) Air traffic control duties. (i) The individual previously per-
(i) Operations control specialist du- formed a safety-sensitive function for
ties. the employer and the employer is not
[Doc. No. FAA–2008–0937, 74 FR 22653, May 14, required to pre-employment test the
2009, as amended by Amdt. 120–2, 79 FR 9973, individual under paragraphs (a)(1) or (2)
Feb. 21, 2014] of this section before putting the indi-
vidual to work in a safety-sensitive
§ 120.107 Substances for which testing function;
must be conducted. (ii) The employer removed the indi-
Each employer shall test each em- vidual from the employer’s random
ployee who performs a safety-sensitive testing program conducted under this
function for evidence of marijuana, co- subpart for reasons other than a
caine, opiates, phencyclidine (PCP), verified positive test result on an FAA-
and amphetamines during each test re- mandated drug test or a refusal to sub-
quired by § 120.109. mit to such testing; and
(iii) The individual will be returning
§ 120.109 Types of drug testing re- to the performance of a safety-sen-
quired. sitive function.
Each employer shall conduct the (5) Before hiring or transferring an
types of testing described in this sec- individual to a safety-sensitive func-
tion in accordance with the procedures tion, the employer must advise each in-
set forth in this subpart and the DOT dividual that the individual will be re-
‘‘Procedures for Transportation Work- quired to undergo pre-employment
place Drug Testing Programs’’ (49 CFR testing in accordance with this sub-
part 40). part, to determine the presence of
(a) Pre-employment drug testing. (1) No marijuana, cocaine, opiates,
employer may hire any individual for a phencyclidine (PCP), and amphet-
safety-sensitive function listed in amines, or a metabolite of those drugs
§ 120.105 unless the employer first con- in the individual’s system. The em-
ducts a pre-employment test and re- ployer shall provide this same notifica-
ceives a verified negative drug test re- tion to each individual required by the
sult for that individual. employer to undergo pre-employment
(2) No employer may allow an indi- testing under paragraph (a)(4) of this
vidual to transfer from a nonsafety- section.
sensitive to a safety-sensitive function (b) Random drug testing. (1) Except as
unless the employer first conducts a provided in paragraphs (b)(2) through
pre-employment test and receives a (b)(4) of this section, the minimum an-
verified negative drug test result for nual percentage rate for random drug
the individual. testing shall be 50 percent of covered
(3) Employers must conduct another employees.
pre-employment test and receive a (2) The Administrator’s decision to
verified negative drug test result be- increase or decrease the minimum an-
fore hiring or transferring an indi- nual percentage rate for random drug
lpowell on DSK54DXVN1OFR with $$_JOB

vidual into a safety-sensitive function testing is based on the reported posi-


if more than 180 days elapse between tive rate for the entire industry. All in-
conducting the pre-employment test formation used for this determination

41

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§ 120.109 14 CFR Ch. I (1–1–16 Edition)

is drawn from the statistical reports the average number of safety-sensitive


required by § 120.119. In order to ensure employees eligible for random testing.
reliability of the data, the Adminis- (A) To calculate whether you have
trator considers the quality and com- met the annual minimum percentage
pleteness of the reported data, may ob- rate, count all random positives, ran-
tain additional information or reports dom negatives, and random refusals as
from employers, and may make appro- your ‘‘random testing results.’’
priate modifications in calculating the (B) To calculate the average number
industry positive rate. Each year, the of safety-sensitive employees eligible
Administrator will publish in the FED- for random testing throughout the
ERAL REGISTER the minimum annual year, add the total number of safety-
percentage rate for random drug test- sensitive employees eligible for testing
ing of covered employees. The new during each random testing period for
minimum annual percentage rate for the year and divide that total by the
random drug testing will be applicable number of random testing periods.
starting January 1 of the calendar year Only safety-sensitive employees are to
following publication. be in an employer’s random testing
(3) When the minimum annual per- pool, and all safety-sensitive employ-
centage rate for random drug testing is ees must be in the random pool. If you
50 percent, the Administrator may are an employer conducting random
lower this rate to 25 percent of all cov- testing more often than once per
ered employees if the Administrator month (e.g., you select daily, weekly,
determines that the data received bi-weekly) you do not need to compute
under the reporting requirements of this total number of safety-sensitive
this subpart for two consecutive cal- employees more than on a once per
endar years indicate that the reported month basis.
positive rate is less than 1.0 percent. (ii) As an employer, you may use a
(4) When the minimum annual per- service agent to perform random selec-
centage rate for random drug testing is tions for you, and your safety-sensitive
25 percent, and the data received under employees may be part of a larger ran-
the reporting requirements of this sub- dom testing pool of safety-sensitive
part for any calendar year indicate employees. However, you must ensure
that the reported positive rate is equal that the service agent you use is test-
to or greater than 1.0 percent, the Ad- ing at the appropriate percentage es-
ministrator will increase the minimum tablished for your industry and that
annual percentage rate for random only safety-sensitive employees are in
drug testing to 50 percent of all covered the random testing pool. For example:
employees. (A) If the service agent has your em-
(5) The selection of employees for ployees in a random testing pool for
random drug testing shall be made by a your company alone, you must ensure
scientifically valid method, such as a that the testing is conducted at least
random-number table or a computer- at the minimum annual percentage
based random number generator that is rate under this part.
matched with employees’ Social Secu- (B) If the service agent has your em-
rity numbers, payroll identification ployees in a random testing pool com-
numbers, or other comparable identi- bined with other FAA-regulated com-
fying numbers. Under the selection panies, you must ensure that the test-
process used, each covered employee ing is conducted at least at the min-
shall have an equal chance of being imum annual percentage rate under
tested each time selections are made. this part.
(6) As an employer, you must select (C) If the service agent has your em-
and test a percentage of employees at ployees in a random testing pool com-
least equal to the minimum annual bined with other DOT-regulated com-
percentage rate each year. panies, you must ensure that the test-
(i) As an employer, to determine ing is conducted at least at the highest
whether you have met the minimum rate required for any DOT-regulated
lpowell on DSK54DXVN1OFR with $$_JOB

annual percentage rate, you must di- company in the pool.


vide the number of random testing re- (7) Each employer shall ensure that
sults for safety-sensitive employees by random drug tests conducted under

42

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Federal Aviation Administration, DOT § 120.109

this subpart are unannounced and that not later than 32 hours after the acci-
the dates for administering random dent. The decision not to administer a
tests are spread reasonably throughout test under this section must be based
the calendar year. on a determination, using the best in-
(8) Each employer shall require that formation available at the time of the
each safety-sensitive employee who is determination, that the employee’s
notified of selection for random drug performance could not have contrib-
testing proceeds to the collection site uted to the accident. The employee
immediately; provided, however, that shall submit to post-accident testing
if the employee is performing a safety- under this section.
sensitive function at the time of the (d) Drug testing based on reasonable
notification, the employer shall in- cause. Each employer must test each
stead ensure that the employee ceases employee who performs a safety-sen-
to perform the safety-sensitive func- sitive function and who is reasonably
tion and proceeds to the collection site suspected of having used a prohibited
as soon as possible. drug. The decision to test must be
(9) If a given covered employee is based on a reasonable and articulable
subject to random drug testing under belief that the employee is using a pro-
the drug testing rules of more than one hibited drug on the basis of specific
DOT agency, the employee shall be contemporaneous physical, behavioral,
subject to random drug testing at the or performance indicators of probable
percentage rate established for the cal- drug use. At least two of the employ-
endar year by the DOT agency regu- ee’s supervisors, one of whom is trained
lating more than 50 percent of the em- in detection of the symptoms of pos-
ployee’s function. sible drug use, must substantiate and
(10) If an employer is required to con- concur in the decision to test an em-
duct random drug testing under the ployee who is reasonably suspected of
drug testing rules of more than one drug use; except that in the case of an
DOT agency, the employer may— employer, other than a part 121 certifi-
(i) Establish separate pools for ran- cate holder, who employs 50 or fewer
dom selection, with each pool con- employees who perform safety-sen-
taining the covered employees who are sitive functions, one supervisor who is
subject to testing at the same required trained in detection of symptoms of
rate; or possible drug use must substantiate
(ii) Randomly select covered employ- the decision to test an employee who is
ees for testing at the highest percent- reasonably suspected of drug use.
age rate established for the calendar (e) Return to duty drug testing. Each
year by any DOT agency to which the employer shall ensure that before an
employer is subject. individual is returned to duty to per-
(11) An employer required to conduct form a safety-sensitive function after
random drug testing under the anti- refusing to submit to a drug test re-
drug rules of more than one DOT agen- quired by this subpart or receiving a
cy shall provide each such agency ac- verified positive drug test result on a
cess to the employer’s records of ran- test conducted under this subpart the
dom drug testing, as determined to be individual shall undergo a return-to-
necessary by the agency to ensure the duty drug test. No employer shall
employer’s compliance with the rule. allow an individual required to undergo
(c) Post-accident drug testing. Each return-to-duty testing to perform a
employer shall test each employee who safety-sensitive function unless the
performs a safety-sensitive function for employer has received a verified nega-
the presence of marijuana, cocaine, tive drug test result for the individual.
opiates, phencyclidine (PCP), and am- The test cannot occur until after the
phetamines, or a metabolite of those SAP has determined that the employee
drugs in the employee’s system if that has successfully complied with the pre-
employee’s performance either contrib- scribed education and/or treatment.
uted to an accident or can not be com- (f) Follow-up drug testing. (1) Each
lpowell on DSK54DXVN1OFR with $$_JOB

pletely discounted as a contributing employer shall implement a reasonable


factor to the accident. The employee program of unannounced testing of
shall be tested as soon as possible but each individual who has been hired to

43

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§ 120.111 14 CFR Ch. I (1–1–16 Edition)

perform or who has been returned to (3) Any employer obtaining MRO
the performance of a safety-sensitive services by contract, including a con-
function after refusing to submit to a tract through a C/TPA, shall ensure
drug test required by this subpart or that the contract includes a record-
receiving a verified positive drug test keeping provision that is consistent
result on a test conducted under this with this paragraph, including require-
subpart. ments for transferring records to a new
(2) The number and frequency of such MRO.
testing shall be determined by the em- (b) Access to records. The employer
ployer’s Substance Abuse Professional and the MRO shall permit the Adminis-
conducted in accordance with the pro- trator or the Administrator’s rep-
visions of 49 CFR part 40, but shall con- resentative to examine records re-
sist of at least six tests in the first 12 quired to be kept under this subpart
months following the employee’s re- and 49 CFR part 40. The Administrator
turn to duty. or the Administrator’s representative
(3) The employer must direct the em- may require that all records main-
ployee to undergo testing for alcohol in tained by the service agent for the em-
accordance with subpart F of this part, ployer must be produced at the em-
in addition to drugs, if the Substance ployer’s place of business.
Abuse Professional determines that al- (c) Release of drug testing information.
cohol testing is necessary for the par- An employer shall release information
ticular employee. Any such alcohol regarding an employee’s drug testing
testing shall be conducted in accord-
results, evaluation, or rehabilitation to
ance with the provisions of 49 CFR part
a third party in accordance with 49
40.
CFR part 40. Except as required by law,
(4) Follow-up testing shall not exceed this subpart, or 49 CFR part 40, no em-
60 months after the date the individual
ployer shall release employee informa-
begins to perform or returns to the per-
tion.
formance of a safety-sensitive func-
(d) Refusal to submit to testing. Each
tion. The Substance Abuse Professional
may terminate the requirement for fol- employer must notify the FAA within 2
low-up testing at any time after the working days of any employee who
first six tests have been conducted, if holds a certificate issued under part 61,
the Substance Abuse Professional de- part 63, or part 65 of this chapter who
termines that such testing is no longer has refused to submit to a drug test re-
necessary. quired under this subpart. Notification
must be sent to: Federal Aviation Ad-
§ 120.111 Administrative and other ministration, Office of Aerospace Medi-
matters. cine, Drug Abatement Division (AAM–
(a) MRO record retention requirements. 800), 800 Independence Avenue, SW.,
(1) Records concerning drug tests con- Washington, DC 20591, or by fax to (202)
firmed positive by the laboratory shall 267–5200.
be maintained by the MRO for 5 years. (e) Permanent disqualification from
Such records include the MRO copies of service. (1) An employee who has
the custody and control form, medical verified positive drug test results on
interviews, documentation of the basis two drug tests required by this subpart
for verifying as negative test results of this chapter, and conducted after
confirmed as positive by the labora- September 19, 1994, is permanently pre-
tory, any other documentation con- cluded from performing for an em-
cerning the MRO’s verification process. ployer the safety-sensitive duties the
(2) Should the employer change employee performed prior to the sec-
MRO’s for any reason, the employer ond drug test.
shall ensure that the former MRO for- (2) An employee who has engaged in
wards all records maintained pursuant prohibited drug use during the per-
to this rule to the new MRO within ten formance of a safety-sensitive function
lpowell on DSK54DXVN1OFR with $$_JOB

working days of receiving notice from after September 19, 1994 is permanently
the employer of the new MRO’s name precluded from performing that safety-
and address. sensitive function for an employer.

44

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Federal Aviation Administration, DOT § 120.113

(f) DOT management information sys- dress listed in paragraph (d)(5) of this
tem annual reports. Copies of any an- section, the name of the individual,
nual reports submitted to the FAA along with identifying information and
under this subpart must be maintained supporting documentation, within 2
by the employer for a minimum of 5 working days after verifying a positive
years. drug test result or refusal to submit to
a test.
§ 120.113 Medical Review Officer, Sub- (2) During the SAP interview re-
stance Abuse Professional, and Em- quired for a verified positive test result
ployer Responsibilities. or a refusal to submit to a test, the
(a) The employer shall designate or SAP must ask and the individual must
appoint a Medical Review Officer answer whether he or she holds or
(MRO) who shall be qualified in accord- would be required to hold an airman
ance with 49 CFR part 40 and shall per- medical certificate issued under 14 CFR
form the functions set forth in 49 CFR part 67 to perform a safety-sensitive
part 40 and this subpart. If the em- function for the employer. If the indi-
ployer does not have a qualified indi- vidual answers in the affirmative, the
vidual on staff to serve as MRO, the individual must obtain an airman med-
employer may contract for the provi- ical certificate issued by the Federal
sion of MRO services as part of its drug Air Surgeon dated after the verified
testing program. positive drug test result date or refusal
(b) Medical Review Officer (MRO). The to test date. After the individual ob-
MRO must perform the functions set tains this airman medical certificate,
forth in subpart G of 49 CFR part 40, the SAP may recommend to the em-
and subpart E of this part. The MRO ployer that the individual may be re-
shall not delay verification of the pri- turned to a safety-sensitive position.
mary test result following a request for The receipt of an airman medical cer-
a split specimen test unless such delay tificate does not alter any obligations
is based on reasons other than the fact otherwise required by 49 CFR part 40 or
that the split specimen test result is this subpart.
pending. If the primary test result is (3) An employer must forward to the
verified as positive, actions required Federal Air Surgeon within 2 working
under this rule (e.g., notification to the days of receipt, copies of all reports
Federal Air Surgeon, removal from provided to the employer by a SAP re-
safety-sensitive position) are not garding the following:
stayed during the 72-hour request pe- (i) An individual who the MRO has
riod or pending receipt of the split reported to the Federal Air Surgeon
specimen test result. under § 120.113 (d)(1); or
(c) Substance Abuse Professional (SAP). (ii) An individual who the employer
The SAP must perform the functions has reported to the Federal Air Sur-
set forth in 49 CFR part 40, subpart O. geon under § 120.111(d).
(d) Additional Medical Review Officer, (4) The employer must not permit an
Substance Abuse Professional, and Em- employee who is required to hold an
ployer Responsibilities Regarding 14 CFR airman medical certificate under 14
part 67 Airman Medical Certificate Hold- CFR part 67 to perform a safety-sen-
ers. (1) As part of verifying a confirmed sitive duty to resume that duty until
positive test result or refusal to submit the employee has:
to a test, the MRO must ask and the (i) Been issued an airman medical
individual must answer whether he or certificate from the Federal Air Sur-
she holds an airman medical certificate geon after the date of the verified posi-
issued under 14 CFR part 67 or would be tive drug test result or refusal to test;
required to hold an airman medical and
certificate to perform a safety-sen- (ii) Met the return to duty require-
sitive function for the employer. If the ments in accordance with 49 CFR part
individual answers in the affirmative 40.
to either question, in addition to noti- (5) Reports required under this sec-
lpowell on DSK54DXVN1OFR with $$_JOB

fying the employer in accordance with tion shall be forwarded to the Federal
49 CFR part 40, the MRO must forward Air Surgeon, Federal Aviation Admin-
to the Federal Air Surgeon, at the ad- istration, Office of Aerospace Medicine,

45

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§ 120.115 14 CFR Ch. I (1–1–16 Edition)

Attn: Drug Abatement Division (AAM– tion to the training specified in § 120.115
800), 800 Independence Avenue, SW., (c).
Washington, DC 20591. (3) The employer shall ensure that
(6) MROs, SAPs, and employers who supervisors who will make reasonable
send reports to the Federal Air Sur- cause determinations receive at least
geon must keep a copy of each report 60 minutes of initial training.
for 5 years. (4) The employer shall implement a
reasonable recurrent training program
§ 120.115 Employee Assistance Pro- for supervisory personnel making rea-
gram (EAP).
sonable cause determinations during
(a) The employer shall provide an subsequent years.
EAP for employees. The employer may (5) Documentation of all training
establish the EAP as a part of its inter- given to employees and supervisory
nal personnel services or the employer personnel must be included in the
may contract with an entity that will training program.
provide EAP services to an employee. (6) The employer shall identify the
Each EAP must include education and employee and supervisor EAP training
training on drug use for employees and in the employer’s drug testing pro-
training for supervisors making deter- gram.
minations for testing of employees
based on reasonable cause. [Doc. No. FAA–2008–0937, 74 FR 22653, May 14,
(b) EAP education program. (1) Each 2009, as amended by Amdt. 120–1, 78 FR 42003,
EAP education program must include July 15, 2013]
at least the following elements:
§ 120.117 Implementing a drug testing
(i) Display and distribution of infor- program.
mational material;
(ii) Display and distribution of a (a) Each company must meet the re-
community service hot-line telephone quirements of this subpart. Use the fol-
number for employee assistance; and lowing chart to determine whether
(iii) Display and distribution of the your company must obtain an Anti-
employer’s policy regarding drug use in drug and Alcohol Misuse Prevention
the workplace. Program Operations Specification, Let-
ter of Authorization, or Drug and Alco-
(2) The employer’s policy shall in-
hol Testing Program Registration from
clude information regarding the con-
sequences under the rule of using drugs the FAA:
while performing safety-sensitive func- If you are . . . You must . . .
tions, receiving a verified positive drug
test result, or refusing to submit to a (1) A part 119 cer- Obtain an Antidrug and Alcohol Misuse
tificate holder with Prevention Program Operations
drug test required under the rule. authority to oper- Specification by contacting your FAA
(c) EAP training program. (1) Each em- ate under parts Principal Operations Inspector.
ployer shall implement a reasonable 121 or 135.
program of initial training for employ- (2) An operator as Obtain a Letter of Authorization by con-
defined in tacting the Flight Standards District
ees. The employee training program § 91.147 of this Office nearest to your principal place
must include at least the following ele- chapter. of business.
ments: (3) A part 119 cer- Complete the requirements in para-
tificate holder with graphs 1 and 2 of this chart and ad-
(i) The effects and consequences of authority to oper- vise the Flight Standards District Of-
drug use on individual health, safety, ate under parts fice and the Drug Abatement Divi-
and work environment; 121 or 135 and sion that the § 91.147 operation will
an operator as be included under the part 119 test-
(ii) The manifestations and behav- defined in ing program. Contact the Drug
ioral cues that may indicate drug use § 91.147 of this Abatement Division at FAA, Office of
and abuse; and chapter. Aerospace Medicine, Drug Abate-
ment Division (AAM–800), 800 Inde-
(2) The employer’s supervisory per- pendence Avenue SW., Washington,
sonnel who will determine when an em- DC 20591.
ployee is subject to testing based on (4) An air traffic Register with the FAA, Office of Aero-
reasonable cause shall receive specific control facility not space Medicine, Drug Abatement Di-
lpowell on DSK54DXVN1OFR with $$_JOB

operated by the vision (AAM–800), 800 Independ-


training on specific, contemporaneous FAA or by or ence Avenue SW., Washington, DC
physical, behavioral, and performance under contract to 20591.
indicators of probable drug use in addi- the U.S. Military.

46

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Federal Aviation Administration, DOT § 120.117

If you are . . . You must . . . If you . . . You must . . .

(5) A part 145 cer- Obtain an Antidrug and Alcohol Misuse (ii) Implement your combined FAA drug
tificate holder Prevention Program Operations testing program no later than the
who has your Specification by contacting your Prin- date you start operations, and
own drug testing cipal Maintenance Inspector or reg- (iii) Meet the requirements of this sub-
program. ister with the FAA, Office of Aero- part.
space Medicine, Drug Abatement Di- (4) Intend to begin (i) Register with the FAA, Office of
vision (AAM–800), 800 Independ- air traffic control Aerospace Medicine, Drug Abate-
ence Avenue SW., Washington, DC operations (at an ment Division (AAM–800), 800 Inde-
20591, if you opt to conduct your air traffic control pendence Avenue SW., Washington,
own drug testing program. facility not oper- DC 20591, prior to starting oper-
(6) A contractor Register with the FAA, Office of Aero- ated by the FAA ations,
who has your space Medicine, Drug Abatement Di- or by or under
own drug testing vision (AAM–800), 800 Independ- contract to the
program. ence Avenue SW., Washington, DC U.S. military).
20591, if you opt to conduct your (ii) Implement an FAA drug testing pro-
own drug testing program. gram no later than the date you start
operations, and
(b) Use the following chart for imple- (iii) Meet the requirements of this sub-
menting a drug testing program if you part.
are applying for a part 119 certificate
with authority to operate under parts (c) If you are an individual or com-
121 or 135 of this chapter, if you intend pany that intends to provide safety-
to begin operations as defined in § 91.147 sensitive services by contract to a part
of this chapter, or if you intend to 119 certificate holder with authority to
begin air traffic control operations (not operate under parts 121 and/or 135 of
operated by the FAA or by or under this chapter, an operation as defined in
contract to the U.S. Military). Use it § 91.147 of this chapter, or an air traffic
to determine whether you need to have control facility not operated by the
an Antidrug and Alcohol Misuse Pre- FAA or by or under contract to the
vention Program Operations Specifica- U.S. military, use the following chart
tion, Letter of Authorization, or Drug to determine what you must do if you
and Alcohol Testing Program Registra- opt to have your own drug testing pro-
tion from the FAA. Your employees gram.
who perform safety-sensitive functions
must be tested in accordance with this If you . . . And you opt to conduct your own drug
program, you must . . .
subpart. The chart follows:
(1) Are a part 145 (i) Have an Antidrug and Alcohol Mis-
If you . . . You must . . .
certificate holder. use Prevention Program Operations
Specification or register with the
(1) Apply for a part (i) Have an Antidrug and Alcohol Mis-
FAA, Office of Aerospace Medicine,
119 certificate use Prevention Program Operations
Drug Abatement Division (AAM–
with authority to Specification,
800), 800 Independence Avenue,
operate under
SW., Washington, DC 20591,
parts 121 or 135.
(ii) Implement an FAA drug testing pro- (ii) Implement an FAA drug testing pro-
gram no later than the date you start gram no later than the date you start
operations, and performing safety-sensitive functions
(iii) Meet the requirements of this sub- for a part 119 certificate holder with
part. authority to operate under parts 121
(2) Intend to begin (i) Have a Letter of Authorization, or 135, or operator as defined in
operations as de- § 91.147 of this chapter, and
fined in § 91.147 (iii) Meet the requirements of this sub-
of this chapter. part as if you were an employer.
(ii) Implement an FAA drug testing pro- (2) Are a contractor (i) Register with the FAA, Office of
gram no later than the date you start Aerospace Medicine, Drug Abate-
operations, and ment Division (AAM–800), 800 Inde-
(iii) Meet the requirements of this sub- pendence Avenue, SW., Wash-
part. ington, DC 20591,
(3) Apply for a part (i) Have an Antidrug and Alcohol Mis- (ii) Implement an FAA drug testing pro-
119 certificate use Prevention Program Operations gram no later than the date you start
with authority to Specification and a Letter of Author- performing safety-sensitive functions
operate under ization, for a part 119 certificate holder with
parts 121 or 135 authority to operate under parts 121
and intend to or 135, or operator as defined in
lpowell on DSK54DXVN1OFR with $$_JOB

begin operations § 91.147 of this chapter, or an air


as defined in traffic control facility not operated by
§ 91.147 of this the FAA or by or under contract to
chapter. the U.S. Military, and

47

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§ 120.117 14 CFR Ch. I (1–1–16 Edition)

If you . . . And you opt to conduct your own drug (such as flight instruction duties, air-
program, you must . . . craft dispatcher duties, maintenance or
(iii) Meet the requirements of this sub- preventive maintenance duties, ground
part as if you were an employer. security coordinator duties, aviation
screening duties, air traffic control du-
(d) Obtaining an Antidrug and Alcohol ties).
Misuse Prevention Program Operations (v) Whether you have 50 or more cov-
Specification. (1) To obtain an Antidrug ered employees, or 49 or fewer covered
and Alcohol Misuse Prevention Pro- employees.
gram Operations Specification, you (vi) A signed statement indicating
must contact your FAA Principal Op- that your company will comply with
erations Inspector or Principal Mainte- this part and 49 CFR part 40.
nance Inspector. Provide him/her with (2) This Letter of Authorization will
the following information: satisfy the requirements for both your
(i) Company name. drug testing program under this sub-
(ii) Certificate number. part and your alcohol testing program
(iii) Telephone number. under subpart F of this part.
(iv) Address where your drug and al- (3) Update the Letter of Authoriza-
cohol testing program records are kept. tion information as changes occur.
(v) Whether you have 50 or more safe- Send the updates to the Flight Stand-
ty-sensitive employees, or 49 or fewer ards District Office nearest your prin-
safety-sensitive employees. (Part 119 cipal place of business.
certificate holders with authority to
(4) If you are a part 119 certificate
operate only under part 121 of this
holder with authority to operate under
chapter are not required to provide this
parts 121 or 135 and intend to begin op-
information.)
erations as defined in § 91.147 of this
(2) You must certify on your Anti-
chapter, you must also advise the Fed-
drug and Alcohol Misuse Prevention
eral Aviation Administration, Office of
Program Operations Specification
Aerospace Medicine, Drug Abatement
issued by your FAA Principal Oper-
Division (AAM–800), 800 Independence
ations Inspector or Principal Mainte-
Avenue SW., Washington, DC 20591.
nance Inspector that you will comply
with this part and 49 CFR part 40. (f) Obtaining a Drug and Alcohol Test-
(3) You are required to obtain only ing Program Registration from the FAA.
one Antidrug and Alcohol Misuse Pre- (1) Except as provided in paragraphs (d)
vention Program Operations Specifica- and (e) of this section, to obtain a Drug
tion to satisfy this requirement under and Alcohol Testing Program Registra-
this part. tion from the FAA, you must submit
(4) You must update the Antidrug the following information to the Office
and Alcohol Misuse Prevention Pro- of Aerospace Medicine, Drug Abate-
gram Operations Specification when ment Division:
any changes to the information con- (i) Company name.
tained in the Operation Specification (ii) Telephone number.
occur. (iii) Address where your drug and al-
(e) Register your Drug and Alcohol cohol testing program records are kept.
Testing Program by obtaining a Letter of (iv) Type of safety-sensitive func-
Authorization from the FAA in accord- tions you or your employees perform
ance with § 91.147. (1) A drug and alcohol (such as flight instruction duties, air-
testing program is considered reg- craft dispatcher duties, maintenance or
istered when the following information preventive maintenance duties, ground
is submitted to the Flight Standards security coordinator duties, aviation
District Office nearest your principal screening duties, air traffic control du-
place of business: ties).
(i) Company name. (v) Whether you have 50 or more cov-
(ii) Telephone number. ered employees, or 49 or fewer covered
(iii) Address where your drug and al- employees.
lpowell on DSK54DXVN1OFR with $$_JOB

cohol testing program records are kept. (vi) A signed statement indicating
(iv) Type of safety-sensitive func- that: your company will comply with
tions you or your employees perform this part and 49 CFR part 40; and you

48

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Federal Aviation Administration, DOT § 120.123

intend to provide safety-sensitive func- quired by 49 CFR part 40 (at 49 CFR


tions by contract (including sub- 40.26 and appendix H to 49 CFR part 40).
contract at any tier) to a part 119 cer- You may also use the electronic
tificate holder with authority to oper- version of the MIS form provided by
ate under part 121 or part 135 of this DOT. The Administrator may des-
chapter, an operator as defined in ignate means (e.g., electronic program
§ 91.147 of this chapter, or an air traffic transmitted via the Internet) other
control facility not operated by the than hard-copy, for MIS form submis-
FAA or by or under contract to the sion. For information on where to sub-
U.S. military. mit MIS forms and for the electronic
(2) Send this information to the Fed- version of the form, see: http://
eral Aviation Administration, Office of www.faa.gov/about/officelorg/
Aerospace Medicine, Drug Abatement headquartersloffices/avs/offices/aam/
Division (AAM–800), 800 Independence druglalcohol.
Avenue SW., Washington, DC 20591. (c) A service agent may prepare the
(3) This Drug and Alcohol Testing MIS report on behalf of an employer.
Program Registration will satisfy the However, a company official (e.g., Des-
registration requirements for both ignated Employer Representative as
your drug testing program under this defined in 49 CFR part 40) must certify
subpart and your alcohol testing pro- the accuracy and completeness of the
gram under subpart F of this part. MIS report, no matter who prepares it.
(4) Update the registration informa- [Doc. No. FAA–2008–0937, 74 FR 22653, May 14,
tion as changes occur. Send the up- 2009; Amdt. 120–0A, 75 FR 3154, Jan. 20, 2010]
dates to the address specified in para-
graph (f)(2) of this section. § 120.121 Preemption.
[Doc. No. FAA–2008–0937, 74 FR 22653, May 14, (a) The issuance of 14 CFR parts 65,
2009; Amdt. 120–0A, 75 FR 3154, Jan. 20, 2010, 91, 121, and 135 by the FAA preempts
as amended by Amdt. 120–1, 78 FR 42003, July any State or local law, rule, regula-
15, 2013] tion, order, or standard covering the
subject matter of 14 CFR parts 65, 91,
§ 120.119 Annual reports. 121, and 135, including but not limited
(a) Annual reports of testing results to, drug testing of aviation personnel
must be submitted to the FAA by performing safety-sensitive functions.
March 15 of the succeeding calendar (b) The issuance of 14 CFR parts 65,
year for the prior calendar year (Janu- 91, 121, and 135 does not preempt provi-
ary 1 through December 31) in accord- sions of state criminal law that impose
ance with the following provisions: sanctions for reckless conduct of an in-
(1) Each part 121 certificate holder dividual that leads to actual loss of
shall submit an annual report each life, injury, or damage to property
year. whether such provisions apply specifi-
(2) Each entity conducting a drug cally to aviation employees or gen-
testing program under this part, other erally to the public.
than a part 121 certificate holder, that
has 50 or more employees performing a § 120.123 Drug testing outside the ter-
safety-sensitive function on January 1 ritory of the United States.
of any calendar year shall submit an (a) No part of the testing process (in-
annual report to the FAA for that cal- cluding specimen collection, labora-
endar year. tory processing, and MRO actions)
(3) The Administrator reserves the shall be conducted outside the terri-
right to require that aviation employ- tory of the United States.
ers not otherwise required to submit (1) Each employee who is assigned to
annual reports prepare and submit perform safety-sensitive functions sole-
such reports to the FAA. Employers ly outside the territory of the United
that will be required to submit annual States shall be removed from the ran-
reports under this provision will be no- dom testing pool upon the inception of
tified in writing by the FAA. such assignment.
lpowell on DSK54DXVN1OFR with $$_JOB

(b) As an employer, you must use the (2) Each covered employee who is re-
Management Information System moved from the random testing pool
(MIS) form and instructions as re- under this section shall be returned to

49

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§ 120.125 14 CFR Ch. I (1–1–16 Edition)

the random testing pool when the em- (c) Employer responsibility. As an em-
ployee resumes the performance of ployer, you are responsible for all ac-
safety-sensitive functions wholly or tions of your officials, representatives,
partially within the territory of the and service agents in carrying out the
United States. requirements of the DOT agency regu-
(b) The provisions of this subpart lations.
shall not apply to any individual who
performs a function listed in § 120.105 § 120.205 Preemption of State and
by contract for an employer outside local laws.
the territory of the United States. (a) Except as provided in paragraph
(a)(2) of this section, these regulations
§ 120.125 Waivers from 49 CFR 40.21. preempt any State or local law, rule,
An employer subject to this part may regulation, or order to the extent that:
petition the Drug Abatement Division, (1) Compliance with both the State or
Office of Aerospace Medicine, for a local requirement and this subpart is
waiver allowing the employer to stand not possible; or
down an employee following a report of (2) Compliance with the State or
a laboratory confirmed positive drug local requirement is an obstacle to the
test or refusal, pending the outcome of accomplishment and execution of any
the verification process. requirement in this subpart.
(a) Each petition for a waiver must (b) The alcohol testing requirements
be in writing and include substantial of this title shall not be construed to
facts and justification to support the preempt provisions of State criminal
waiver. Each petition must satisfy the law that impose sanctions for reckless
substantive requirements for obtaining conduct leading to actual loss of life,
a waiver, as provided in 49 CFR 40.21. injury, or damage to property, whether
(b) Each petition for a waiver must the provisions apply specifically to
be submitted to the Federal Aviation transportation employees or employers
Administration, Office of Aerospace or to the general public.
Medicine, Drug Abatement Division
(AAM–800), 800 Independence Avenue, § 120.207 Other requirements imposed
SW., Washington, DC 20591. by employers.
(c) The Administrator may grant a Except as expressly provided in these
waiver subject to 49 CFR 40.21(d). alcohol testing requirements, nothing
in this subpart shall be construed to af-
Subpart F—Alcohol Testing fect the authority of employers, or the
Program Requirements rights of employees, with respect to
the use or possession of alcohol, includ-
§ 120.201 Scope. ing any authority and rights with re-
This subpart contains the standards spect to alcohol testing and rehabilita-
and components that must be included tion.
in an alcohol testing program required
by this part. § 120.209 Requirement for notice.
Before performing an alcohol test
§ 120.203 General. under this subpart, each employer shall
(a) Purpose. The purpose of this sub- notify a covered employee that the al-
part is to establish programs designed cohol test is required by this subpart.
to help prevent accidents and injuries No employer shall falsely represent
resulting from the misuse of alcohol by that a test is administered under this
employees who perform safety-sen- subpart.
sitive functions in aviation.
(b) Alcohol testing procedures. Each § 120.211 Applicable Federal regula-
employer shall ensure that all alcohol tions.
testing conducted pursuant to this sub- The following applicable regulations
part complies with the procedures set appear in 49 CFR and 14 CFR:
forth in 49 CFR part 40. The provisions (a) 49 CFR Part 40—Procedures for
lpowell on DSK54DXVN1OFR with $$_JOB

of 49 CFR part 40 that address alcohol Transportation Workplace Drug Test-


testing are made applicable to employ- ing Programs
ers by this subpart. (b) 14 CFR:

50

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Federal Aviation Administration, DOT § 120.217

(1) § 67.107—First-Class Airman Med- subject to the alcohol testing regula-


ical Certificate, Mental. tions of more than one DOT agency,
(2) § 67.207—Second-Class Airman the employer must determine which
Medical Certificate, Mental. DOT agency authorizes or requires the
(3) § 67.307—Third-Class Airman Med- test.
ical Certificate, Mental.
[Doc. No. FAA–2008–0937, 74 FR 22653, May 14,
(4) § 91.147—Passenger carrying 2009, as amended by Amdt. 120–2, 79 FR 9973,
flights for compensation or hire. Feb. 21, 2014]
(5) § 135.1—Applicability
[Doc. No. FAA–2008–0937, 74 FR 22653, May 14,
§ 120.217 Tests required.
2009; Amdt. 120–0A, 75 FR 3154, Jan. 20, 2010] (a) Pre-employment alcohol testing. As
an employer, you may, but are not re-
§ 120.213 Falsification. quired to, conduct pre-employment al-
No individual may make, or cause to cohol testing under this subpart. If you
be made, any of the following: choose to conduct pre-employment al-
(a) Any fraudulent or intentionally cohol testing, you must comply with
false statement in any application of the following requirements:
an alcohol testing program. (1) You must conduct a pre-employ-
(b) Any fraudulent or intentionally ment alcohol test before the first per-
false entry in any record or report that formance of safety-sensitive functions
is made, kept, or used to show compli- by every covered employee (whether a
ance with this subpart. new employee or someone who has
(c) Any reproduction or alteration, transferred to a position involving the
for fraudulent purposes, of any report performance of safety-sensitive func-
or record required to be kept by this tions).
subpart. (2) You must treat all safety-sen-
sitive employees performing safety-
§ 120.215 Covered employees. sensitive functions the same for the
(a) Each employee, including any as- purpose of pre-employment alcohol
sistant, helper, or individual in a train- testing (i.e., you must not test some
ing status, who performs a safety-sen- covered employees and not others).
sitive function listed in this section di- (3) You must conduct the pre-employ-
rectly or by contract (including by sub- ment tests after making a contingent
contract at any tier) for an employer offer of employment or transfer, sub-
as defined in this subpart must be sub- ject to the employee passing the pre-
ject to alcohol testing under an alcohol employment alcohol test.
testing program implemented in ac- (4) You must conduct all pre-employ-
cordance with this subpart. This in- ment alcohol tests using the alcohol
cludes full-time, part-time, temporary, testing procedures of 49 CFR part 40.
and intermittent employees regardless (5) You must not allow a covered em-
of the degree of supervision. The safe- ployee to begin performing safety-sen-
ty-sensitive functions are: sitive functions unless the result of the
(1) Flight crewmember duties. employee’s test indicates an alcohol
(2) Flight attendant duties. concentration of less than 0.04. If a pre-
(3) Flight instruction duties. employment test result under this
(4) Aircraft dispatcher duties. paragraph indicates an alcohol con-
(5) Aircraft maintenance or preven- centration of 0.02 or greater but less
tive maintenance duties. than 0.04, the provisions of § 120.221(f)
(6) Ground security coordinator du- apply.
ties. (b) Post-accident alcohol testing. (1) As
(7) Aviation screening duties. soon as practicable following an acci-
(8) Air traffic control duties. dent, each employer shall test each
(9) Operations control specialist du- surviving covered employee for alcohol
ties. if that employee’s performance of a
(b) Each employer must identify any safety-sensitive function either con-
employee who is subject to the alcohol tributed to the accident or cannot be
lpowell on DSK54DXVN1OFR with $$_JOB

testing regulations of more than one completely discounted as a contrib-


DOT agency. Prior to conducting any uting factor to the accident. The deci-
alcohol test on a covered employee sion not to administer a test under this

51

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§ 120.217 14 CFR Ch. I (1–1–16 Edition)

section shall be based on the employ- minimum annual percentage rate for
er’s determination, using the best random alcohol testing will be applica-
available information at the time of ble starting January 1 of the calendar
the determination, that the covered year following publication.
employee’s performance could not have (3)(i) When the minimum annual per-
contributed to the accident. centage rate for random alcohol test-
(2) If a test required by this section is ing is 25 percent or more, the Adminis-
not administered within 2 hours fol- trator may lower this rate to 10 per-
lowing the accident, the employer shall cent of all covered employees if the Ad-
prepare and maintain on file a record ministrator determines that the data
stating the reasons the test was not received under the reporting require-
promptly administered. If a test re- ments of this subpart for two consecu-
quired by this section is not adminis-
tive calendar years indicate that the
tered within 8 hours following the acci-
violation rate is less than 0.5 percent.
dent, the employer shall cease at-
tempts to administer an alcohol test (ii) When the minimum annual per-
and shall prepare and maintain the centage rate for random alcohol test-
same record. Records shall be sub- ing is 50 percent, the Administrator
mitted to the FAA upon request of the may lower this rate to 25 percent of all
Administrator or his or her designee. covered employees if the Adminis-
(3) A covered employee who is subject trator determines that the data re-
to post-accident testing shall remain ceived under the reporting require-
readily available for such testing or ments of this subpart for two consecu-
may be deemed by the employer to tive calendar years indicate that the
have refused to submit to testing. violation rate is less than 1.0 percent
Nothing in this section shall be con- but equal to or greater than 0.5 per-
strued to require the delay of necessary cent.
medical attention for injured people (4)(i) When the minimum annual per-
following an accident or to prohibit a centage rate for random alcohol test-
covered employee from leaving the ing is 10 percent, and the data received
scene of an accident for the period nec- under the reporting requirements of
essary to obtain assistance in respond- this subpart for that calendar year in-
ing to the accident or to obtain nec- dicate that the violation rate is equal
essary emergency medical care. to or greater than 0.5 percent but less
(c) Random alcohol testing. (1) Except than 1.0 percent, the Administrator
as provided in paragraphs (c)(2) will increase the minimum annual per-
through (c)(4) of this section, the min- centage rate for random alcohol test-
imum annual percentage rate for ran- ing to 25 percent of all covered employ-
dom alcohol testing will be 25 percent ees.
of the covered employees.
(ii) When the minimum annual per-
(2) The Administrator’s decision to
centage rate for random alcohol test-
increase or decrease the minimum an-
nual percentage rate for random alco- ing is 25 percent or less, and the data
hol testing is based on the violation received under the reporting require-
rate for the entire industry. All infor- ments of this subpart for that calendar
mation used for this determination is year indicate that the violation rate is
drawn from MIS reports required by equal to or greater than 1.0 percent,
this subpart. In order to ensure reli- the Administrator will increase the
ability of the data, the Administrator minimum annual percentage rate for
considers the quality and completeness random alcohol testing to 50 percent of
of the reported data, may obtain addi- all covered employees.
tional information or reports from em- (5) The selection of employees for
ployers, and may make appropriate random alcohol testing shall be made
modifications in calculating the indus- by a scientifically valid method, such
try violation rate. Each year, the Ad- as a random-number table or a com-
ministrator will publish in the FED- puter-based random number generator
lpowell on DSK54DXVN1OFR with $$_JOB

ERAL REGISTER the minimum annual that is matched with employees’ Social
percentage rate for random alcohol Security numbers, payroll identifica-
testing of covered employees. The new tion numbers, or other comparable

52

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Federal Aviation Administration, DOT § 120.217

identifying numbers. Under the selec- that the testing is conducted at least
tion process used, each covered em- at the minimum annual percentage
ployee shall have an equal chance of rate under this part.
being tested each time selections are (B) If the service agent has your em-
made. ployees in a random testing pool com-
(6) As an employer, you must select bined with other FAA-regulated com-
and test a percentage of employees at panies, you must ensure that the test-
least equal to the minimum annual ing is conducted at least at the min-
percentage rate each year. imum annual percentage rate under
(i) As an employer, to determine this part.
whether you have met the minimum (C) If the service agent has your em-
annual percentage rate, you must di- ployees in a random testing pool com-
vide the number of random alcohol bined with other DOT-regulated com-
screening test results for safety-sen- panies, you must ensure that the test-
sitive employees by the average num- ing is conducted at least at the highest
ber of safety-sensitive employees eligi- rate required for any DOT-regulated
ble for random testing. company in the pool.
(A) To calculate whether you have (7) Each employer shall ensure that
met the annual minimum percentage random alcohol tests conducted under
rate, count all random screening test this subpart are unannounced and that
results below 0.02 breath alcohol con- the dates for administering random
centration, random screening test re- tests are spread reasonably throughout
sults of 0.02 or greater breath alcohol the calendar year.
concentration, and random refusals as (8) Each employer shall require that
your ‘‘random alcohol screening test each covered employee who is notified
results.’’ of selection for random testing pro-
(B) To calculate the average number ceeds to the testing site immediately;
of safety-sensitive employees eligible provided, however, that if the employee
for random testing throughout the is performing a safety-sensitive func-
year, add the total number of safety- tion at the time of the notification, the
sensitive employees eligible for testing employer shall instead ensure that the
during each random testing period for employee ceases to perform the safety-
the year and divide that total by the sensitive function and proceeds to the
number of random testing periods. testing site as soon as possible.
Only safety-sensitive employees are to (9) A covered employee shall only be
be in an employer’s random testing randomly tested while the employee is
pool, and all safety-sensitive employ- performing safety-sensitive functions;
ees must be in the random pool. If you just before the employee is to perform
are an employer conducting random safety-sensitive functions; or just after
testing more often than once per the employee has ceased performing
month (e.g., you select daily, weekly, such functions.
bi-weekly) you do not need to compute (10) If a given covered employee is
this total number of safety-sensitive subject to random alcohol testing
employees more than on a once per under the alcohol testing rules of more
month basis. than one DOT agency, the employee
(ii) As an employer, you may use a shall be subject to random alcohol test-
service agent to perform random selec- ing at the percentage rate established
tions for you, and your safety-sensitive for the calendar year by the DOT agen-
employees may be part of a larger ran- cy regulating more than 50 percent of
dom testing pool of safety-sensitive the employee’s functions.
employees. However, you must ensure (11) If an employer is required to con-
that the service agent you use is test- duct random alcohol testing under the
ing at the appropriate percentage es- alcohol testing rules of more than one
tablished for your industry and that DOT agency, the employer may—
only safety-sensitive employees are in (i) Establish separate pools for ran-
the random testing pool. For example: dom selection, with each pool con-
lpowell on DSK54DXVN1OFR with $$_JOB

(A) If the service agent has your em- taining the covered employees who are
ployees in a random testing pool for subject to testing at the same required
your company alone, you must ensure rate; or

53

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§ 120.217 14 CFR Ch. I (1–1–16 Edition)

(ii) Randomly select such employees this section, no covered employee shall
for testing at the highest percentage report for duty or remain on duty re-
rate established for the calendar year quiring the performance of safety-sen-
by any DOT agency to which the em- sitive functions while the employee is
ployer is subject. under the influence of, or impaired by,
(d) Reasonable suspicion alcohol test- alcohol, as shown by the behavioral,
ing. (1) An employer shall require a speech, or performance indicators of al-
covered employee to submit to an alco- cohol misuse, nor shall an employer
hol test when the employer has reason- permit the covered employee to per-
able suspicion to believe that the em- form or continue to perform safety-sen-
ployee has violated the alcohol misuse sitive functions until:
prohibitions in §§ 120.19 or 120.37. (A) An alcohol test is administered
(2) The employer’s determination and the employee’s alcohol concentra-
that reasonable suspicion exists to re- tion measures less than 0.02; or
quire the covered employee to undergo (B) The start of the employee’s next
an alcohol test shall be based on spe- regularly scheduled duty period, but
cific, contemporaneous, articulable ob- not less than 8 hours following the de-
servations concerning the appearance, termination made under paragraph
behavior, speech or body odors of the (d)(2) of this section that there is rea-
employee. The required observations sonable suspicion that the employee
shall be made by a supervisor who is has violated the alcohol misuse provi-
trained in detecting the symptoms of sions in §§ 120.19 or 120.37.
alcohol misuse. The supervisor who (iii) No employer shall take any ac-
makes the determination that reason- tion under this subpart against a cov-
able suspicion exists shall not conduct ered employee based solely on the em-
the breath alcohol test on that em- ployee’s behavior and appearance in
ployee. the absence of an alcohol test. This
(3) Alcohol testing is authorized by does not prohibit an employer with au-
this section only if the observations re- thority independent of this subpart
quired by paragraph (d)(2) of this sec- from taking any action otherwise con-
tion are made during, just preceding, sistent with law.
or just after the period of the work day (e) Return-to-duty alcohol testing.
that the covered employee is required Each employer shall ensure that before
to be in compliance with this rule. An a covered employee returns to duty re-
employee may be directed by the em- quiring the performance of a safety-
ployer to undergo reasonable suspicion sensitive function after engaging in
testing for alcohol only while the em- conduct prohibited in §§ 120.19 or 120.37
ployee is performing safety-sensitive the employee shall undergo a return-
functions; just before the employee is to-duty alcohol test with a result indi-
to perform safety-sensitive functions; cating an alcohol concentration of less
or just after the employee has ceased than 0.02. The test cannot occur until
performing such functions. after the SAP has determined that the
(4)(i) If a test required by this section employee has successfully complied
is not administered within 2 hours fol- with the prescribed education and/or
lowing the determination made under treatment.
paragraph (d)(2) of this section, the em- (f) Follow-up alcohol testing. (1) Each
ployer shall prepare and maintain on employer shall ensure that the em-
file a record stating the reasons the ployee who engages in conduct prohib-
test was not promptly administered. If ited by §§ 120.19 or 120.37, is subject to
a test required by this section is not unannounced follow-up alcohol testing
administered within 8 hours following as directed by a SAP.
the determination made under para- (2) The number and frequency of such
graph (d)(2) of this section, the em- testing shall be determined by the em-
ployer shall cease attempts to admin- ployer’s SAP, but must consist of at
ister an alcohol test and shall state in least six tests in the first 12 months
the record the reasons for not admin- following the employee’s return to
lpowell on DSK54DXVN1OFR with $$_JOB

istering the test. duty.


(ii) Notwithstanding the absence of a (3) The employer must direct the em-
reasonable suspicion alcohol test under ployee to undergo testing for drugs in

54

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Federal Aviation Administration, DOT § 120.219

accordance with subpart E of this part, an alcohol test administered under this
in addition to alcohol, if the SAP de- subpart.
termines that drug testing is necessary (D) Records related to other viola-
for the particular employee. Any such tions of §§ 120.19 or 120.37.
drug testing shall be conducted in ac- (ii) Two years. Records related to the
cordance with the provisions of 49 CFR testing process and training required
part 40. under this subpart.
(4) Follow-up testing shall not exceed (A) Documents related to the random
60 months after the date the individual selection process.
begins to perform, or returns to the (B) Documents generated in connec-
performance of, a safety-sensitive func- tion with decisions to administer rea-
tion. The SAP may terminate the re- sonable suspicion alcohol tests.
quirement for follow-up testing at any (C) Documents generated in connec-
time after the first six tests have been tion with decisions on post-accident
conducted, if the SAP determines that tests.
such testing is no longer necessary. (D) Documents verifying existence of
(5) A covered employee shall be test- a medical explanation of the inability
ed for alcohol under this section only of a covered employee to provide ade-
while the employee is performing safe- quate breath for testing.
ty-sensitive functions, just before the (E) Materials on alcohol misuse
employee is to perform safety-sensitive awareness, including a copy of the em-
functions, or just after the employee ployer’s policy on alcohol misuse.
has ceased performing such functions. (F) Documentation of compliance
(g) Retesting of covered employees with with the requirements of § 120.223(a).
an alcohol concentration of 0.02 or greater (G) Documentation of training pro-
but less than 0.04. Each employer shall vided to supervisors for the purpose of
retest a covered employee to ensure qualifying the supervisors to make a
compliance with the provisions of determination concerning the need for
§ 120.221(f) if the employer chooses to alcohol testing based on reasonable
permit the employee to perform a safe- suspicion.
ty-sensitive function within 8 hours (H) Certification that any training
following the administration of an al- conducted under this subpart complies
cohol test indicating an alcohol con- with the requirements for such train-
centration of 0.02 or greater but less ing.
than 0.04. (b) Annual reports. (1) Annual reports
of alcohol testing program results
§ 120.219 Handling of test results, must be submitted to the FAA by
record retention, and confiden- March 15 of the succeeding calendar
tiality. year for the prior calendar year (Janu-
(a) Retention of records. (1) General re- ary 1 through December 31) in accord-
quirement. In addition to the records re- ance with the provisions of paragraphs
quired to be maintained under 49 CFR (b)(1)(i) through (iii) of this section.
part 40, employers must maintain (i) Each part 121 certificate holder
records required by this subpart in a shall submit an annual report each
secure location with controlled access. year.
(2) Period of retention. (ii) Each entity conducting an alco-
(i) Five years. hol testing program under this part,
(A) Copies of any annual reports sub- other than a part 121 certificate holder,
mitted to the FAA under this subpart that has 50 or more employees per-
for a minimum of 5 years. forming a safety-sensitive function on
(B) Records of notifications to the January 1 of any calendar year shall
Federal Air Surgeon of refusals to sub- submit an annual report to the FAA for
mit to testing and violations of the al- that calendar year.
cohol misuse prohibitions in this chap- (iii) The Administrator reserves the
ter by covered employees who hold right to require that aviation employ-
medical certificates issued under part ers not otherwise required to submit
lpowell on DSK54DXVN1OFR with $$_JOB

67 of this chapter. annual reports prepare and submit


(C) Documents presented by a cov- such reports to the FAA. Employers
ered employee to dispute the result of that will be required to submit annual

55

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§ 120.221 14 CFR Ch. I (1–1–16 Edition)

reports under this provision will be no- form safety-sensitive functions if the
tified in writing by the FAA. employee has engaged in conduct pro-
(2) As an employer, you must use the hibited by §§ 120.19 or 120.37, or an alco-
Management Information System hol misuse rule of another DOT agency.
(MIS) form and instructions as re- (2) No employer shall permit any cov-
quired by 49 CFR part 40 (at 49 CFR ered employee to perform safety-sen-
40.26 and appendix H to 49 CFR part 40). sitive functions if the employer has de-
You may also use the electronic termined that the employee has vio-
version of the MIS form provided by lated this section.
the DOT. The Administrator may des- (b) Permanent disqualification from
ignate means (e.g., electronic program service. (1) An employee who violates
transmitted via the Internet) other §§ 120.19(c) or 120.37(c) is permanently
than hard-copy, for MIS form submis- precluded from performing for an em-
sion. For information on where to sub- ployer the safety-sensitive duties the
mit MIS forms and for the electronic employee performed before such viola-
version of the form, see: http:// tion.
www.faa.gov/about/officelorg/ (2) An employee who engages in alco-
headquartersloffices/avs/offices/aam/ hol use that violates another alcohol
druglalcohol/. misuse provision of §§ 120.19 or 120.37,
(3) A service agent may prepare the and who had previously engaged in al-
MIS report on behalf of an employer. cohol use that violated the provisions
However, a company official (e.g., Des- of §§ 120.19 or 120.37 after becoming sub-
ignated Employer Representative as ject to such prohibitions, is perma-
defined in 49 CFR part 40) must certify nently precluded from performing for
the accuracy and completeness of the
an employer the safety-sensitive duties
MIS report, no matter who prepares it.
the employee performed before such
(c) Access to records and facilities. (1)
violation.
Except as required by law or expressly
(c) Notice to the Federal Air Surgeon.
authorized or required in this subpart,
(1) An employer who determines that a
no employer shall release covered em-
ployee information that is contained in covered employee who holds an airman
records required to be maintained medical certificate issued under part 67
under this subpart. of this chapter has engaged in alcohol
(2) A covered employee is entitled, use that violated the alcohol misuse
upon written request, to obtain copies provisions of §§ 120.19 or 120.37 shall no-
of any records pertaining to the em- tify the Federal Air Surgeon within 2
ployee’s use of alcohol, including any working days.
records pertaining to his or her alcohol (2) Each such employer shall forward
tests in accordance with 49 CFR part to the Federal Air Surgeon a copy of
40. The employer shall promptly pro- the report of any evaluation performed
vide the records requested by the em- under the provisions of § 120.223(c) with-
ployee. Access to an employee’s records in 2 working days of the employer’s re-
shall not be contingent upon payment ceipt of the report.
for records other than those specifi- (3) All documents must be sent to the
cally requested. Federal Air Surgeon, Federal Aviation
(3) Each employer shall permit access Administration, Office of Aerospace
to all facilities utilized in complying Medicine, Attn: Drug Abatement Divi-
with the requirements of this subpart sion (AAM–800), 800 Independence Ave-
to the Secretary of Transportation or nue, SW., Washington, DC 20591.
any DOT agency with regulatory au- (4) No covered employee who is re-
thority over the employer or any of its quired to hold an airman medical cer-
covered employees. tificate in order to perform a safety-
sensitive duty may perform that duty
§ 120.221 Consequences for employees following a violation of this subpart
engaging in alcohol-related con- until the covered employee obtains an
duct. airman medical certificate issued by
lpowell on DSK54DXVN1OFR with $$_JOB

(a) Removal from safety-sensitive func- the Federal Air Surgeon dated after
tion. (1) Except as provided in 49 CFR the alcohol test result or refusal to
part 40, no covered employee shall per- test date. After the covered employee

56

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Federal Aviation Administration, DOT § 120.223

obtains this airman medical certifi- (2) Except as provided in paragraph


cate, the SAP may recommend to the (f)(1) of this section, no employer shall
employer that the covered employee take any action under this rule against
may be returned to a safety-sensitive an employee based solely on test re-
position. The receipt of an airman med- sults showing an alcohol concentration
ical certificate does not alter any obli- less than 0.04. This does not prohibit an
gations otherwise required by 49 CFR employer with authority independent
part 40 or this subpart. of this rule from taking any action
(5) Once the Federal Air Surgeon has otherwise consistent with law.
recommended under paragraph (c)(4) of [Doc. No. FAA–2008–0937, 74 FR 22653, May 14,
this section that the employee be per- 2009, as amended by Amdt. 120–1, 78 FR 42004,
mitted to perform safety-sensitive du- July 15, 2013]
ties, the employer cannot permit the
employee to perform those safety-sen- § 120.223 Alcohol misuse information,
sitive duties until the employer has en- training, and substance abuse pro-
sured that the employee meets the re- fessionals.
turn to duty requirements in accord- (a) Employer obligation to promulgate a
ance with 49 CFR part 40. policy on the misuse of alcohol. (1) Gen-
(d) Notice of refusals. Each covered eral requirements. Each employer shall
employer must notify the FAA within 2 provide educational materials that ex-
working days of any employee who plain these alcohol testing require-
holds a certificate issued under part 61, ments and the employer’s policies and
part 63, or part 65 of this chapter who procedures with respect to meeting
has refused to submit to an alcohol those requirements.
test required under this subpart. Noti- (i) The employer shall ensure that a
fication must be sent to: Federal Avia- copy of these materials is distributed
tion Administration, Office of Aero- to each covered employee prior to the
space Medicine, Drug Abatement Divi- start of alcohol testing under the em-
sion (AAM–800), 800 Independence Ave- ployer’s FAA-mandated alcohol testing
nue, SW., Washington, DC 20591, or by program and to each individual subse-
fax to (202) 267–5200. quently hired for or transferred to a
(e) Required evaluation and alcohol covered position.
testing. No covered employee who has (ii) Each employer shall provide writ-
engaged in conduct prohibited by ten notice to representatives of em-
§§ 120.19 or 120.37 shall perform safety- ployee organizations of the availability
sensitive functions unless the em- of this information.
ployee has met the requirements of 49 (2) Required content. The materials to
CFR part 40. No employer shall permit be made available to employees shall
a covered employee who has engaged in include detailed discussion of at least
such conduct to perform safety-sen- the following:
sitive functions unless the employee (i) The identity of the individual des-
has met the requirements of 49 CFR ignated by the employer to answer em-
part 40. ployee questions about the materials.
(f) Other alcohol-related conduct. (1) (ii) The categories of employees who
No covered employee tested under this are subject to the provisions of these
subpart who is found to have an alco- alcohol testing requirements.
hol concentration of 0.02 or greater but (iii) Sufficient information about the
less than 0.04 shall perform or continue safety-sensitive functions performed by
to perform safety-sensitive functions those employees to make clear what
for an employer, nor shall an employer period of the work day the covered em-
permit the employee to perform or con- ployee is required to be in compliance
tinue to perform safety-sensitive func- with these alcohol testing require-
tions, until: ments.
(i) The employee’s alcohol concentra- (iv) Specific information concerning
tion measures less than 0.02; or employee conduct that is prohibited by
(ii) The start of the employee’s next this chapter.
lpowell on DSK54DXVN1OFR with $$_JOB

regularly scheduled duty period, but (v) The circumstances under which a
not less than 8 hours following admin- covered employee will be tested for al-
istration of the test. cohol under this subpart.

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§ 120.225 14 CFR Ch. I (1–1–16 Edition)

(vi) The procedures that will be used performance indicators of probable al-
to test for the presence of alcohol, pro- cohol misuse.
tect the employee and the integrity of (c) Substance abuse professional (SAP)
the breath testing process, safeguard duties. The SAP must perform the func-
the validity of the test results, and en- tions set forth in 49 CFR part 40, sub-
sure that those results are attributed part O, and this subpart.
to the correct employee.
(vii) The requirement that a covered § 120.225 How to implement an alcohol
testing program.
employee submit to alcohol tests ad-
ministered in accordance with this sub- (a) Each company must meet the re-
part. quirements of this subpart. Use the fol-
(viii) An explanation of what con- lowing chart to determine whether
stitutes a refusal to submit to an alco- your company must obtain an Anti-
hol test and the attendant con- drug and Alcohol Misuse Prevention
sequences. Program Operations Specification, Let-
(ix) The consequences for covered ter of Authorization, or Drug and Alco-
employees found to have violated the hol Testing Program Registration from
prohibitions in this chapter, including the FAA:
the requirement that the employee be If you are . . . You must . . .
removed immediately from performing
(1) A part 119 cer- Obtain an Antidrug and Alcohol Misuse
safety-sensitive functions, and the tificate holder with Prevention Program Operations
process in 49 CFR part 40, subpart O. authority to oper- Specification by contacting your FAA
(x) The consequences for covered em- ate under part Principal Operations Inspector.
121 or 135.
ployees found to have an alcohol con- (2) An operator as Obtain a Letter of Authorization by con-
centration of 0.02 or greater but less defined in tacting the Flight Standards District
than 0.04. § 91.147 of this Office nearest to your principal place
chapter. of business.
(xi) Information concerning the ef- (3) A part 119 cer- Complete the requirements in para-
fects of alcohol misuse on an individ- tificate holder with graphs 1 and 2 of this chart and ad-
ual’s health, work, and personal life; authority to oper- vise the Flight Standards District Of-
signs and symptoms of an alcohol prob- ate under part fice and Drug Abatement Division
121 or part 135 that the § 91.147 operation will be in-
lem; available methods of evaluating and an operator cluded under the part 119 testing
and resolving problems associated with as defined in program. Contact Drug Abatement
the misuse of alcohol; and intervening § 91.147 of this Division at FAA, Office of Aerospace
chapter. Medicine, Drug Abatement Division
when an alcohol problem is suspected, (AAM–800), 800 Independence Ave-
including confrontation, referral to nue SW., Washington, DC 20591.
any available employee assistance pro- (4) An air traffic Register with the FAA, Office of Aero-
gram, and/or referral to management. control facility not space Medicine, Drug Abatement Di-
operated by the vision (AAM–800), 800 Independ-
(xii) Optional provisions. The mate- FAA or by or ence Avenue SW., Washington, DC
rials supplied to covered employees under contract to 20591.
may also include information on addi- the U.S. Military.
(5) A part 145 cer- Obtain an Antidrug and Alcohol Misuse
tional employer policies with respect tificate holder Prevention Program Operations
to the use or possession of alcohol, in- who has your Specification by contacting your Prin-
cluding any consequences for an em- own alcohol test- cipal Maintenance Inspector or reg-
ing program. ister with the FAA Office of Aero-
ployee found to have a specified alco- space Medicine, Drug Abatement Di-
hol level, that are based on the employ- vision (AAM–800), 800 Independ-
er’s authority independent of this sub- ence Avenue SW., Washington, DC
part. Any such additional policies or 20591, if you opt to conduct your
own alcohol testing program.
consequences must be clearly and obvi- (6) A contractor Register with the FAA, Office of Aero-
ously described as being based on inde- who has your space Medicine, Drug Abatement Di-
pendent authority. own alcohol test- vision (AAM–800), 800 Independ-
ing program. ence Avenue SW., Washington, DC
(b) Training for supervisors. Each em- 20591, if you opt to conduct your
ployer shall ensure that persons des- own alcohol testing program.
ignated to determine whether reason-
able suspicion exists to require a cov- (b) Use the following chart for imple-
ered employee to undergo alcohol test- menting an alcohol testing program if
lpowell on DSK54DXVN1OFR with $$_JOB

ing under § 120.217(d) of this subpart re- you are applying for a part 119 certifi-
ceive at least 60 minutes of training on cate with authority to operate under
the physical, behavioral, speech, and part 121 or part 135 of this chapter, if

58

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Federal Aviation Administration, DOT § 120.225

you intend to begin operations as de- must do if you opt to have your own al-
fined in § 91.147 of this chapter, or if cohol testing program.
you intend to begin air traffic control
And you opt to conduct your own Alco-
operations (not operated by the FAA or If you . . . hol Testing Program, you must . . .
by or under contract to the U.S. Mili-
tary). Use it to determine whether you (1) Are a part 145 (i) Have an Antidrug and Alcohol Mis-
need to have an Antidrug and Alcohol certificate holder. use Prevention Program Operations
Specifications or register with the
Misuse Prevention Program Operations FAA, Office of Aerospace Medicine,
Specification, Letter of Authorization, Drug Abatement Division (AAM–
or Drug and Alcohol Testing Program 800), 800 Independence Avenue,
SW., Washington, DC 20591,
Registration from the FAA. Your em- (ii) Implement an FAA alcohol testing
ployees who perform safety-sensitive program no later than the date you
duties must be tested in accordance start performing safety-sensitive
with this subpart. The chart follows: functions for a part 119 certificate
holder with the authority to operate
under parts 121 and/or 135, or oper-
If you . . . You must . . .
ator as defined in § 91.147 of this
chapter, and
(1) Apply for a part (i) Have an Antidrug and Alcohol Mis-
119 certificate use Prevention Program Operations (iii) Meet the requirements of this sub-
with authority to Specification, part as if you were an employer.
operate under
parts 121 or 135. (2) Are a contractor (i) Register with the FAA, Office of
(ii) Implement an FAA alcohol testing Aerospace Medicine, Drug Abate-
program no later than the date you ment Division (AAM–800), 800 Inde-
start operations, and pendence Avenue, SW., Wash-
ington, DC 20591,
(iii) Meet the requirements of this sub-
part. (ii) Implement an FAA alcohol testing
program no later than the date you
(2) Intend to begin (i) Have a Letter of Authorization,
start performing safety-sensitive
operations as de- (ii) Implement an FAA alcohol testing
functions for a part 119 certificate
fined in § 91.147 program no later than the date you
holder with authority to operate
of this chapter. start operations, and
under parts 121 and/or 135, or oper-
(iii) Meet the requirements of this sub- ator as defined in § 91.147 of this
part. chapter, and
(3) Apply for a part (i) Have an Antidrug and Alcohol Mis- (iii) Meet the requirements of this sub-
119 certificate use Prevention Program Operations part as if you were an employer.
with authority to Specification and a Letter of Author-
operate under ization,
parts 121 or 135 (ii) Implement your combined FAA al- (d)(1) To obtain an Antidrug and Al-
and intend to cohol testing program no later than cohol Misuse Prevention Program Op-
begin operations the date you start operations, and
as defined in erations Specification, you must con-
§ 91.147 of this tact your FAA Principal Operations In-
chapter. spector or Principal Maintenance In-
(iii) Meet the requirements of this sub-
part.
spector. Provide him/her with the fol-
(4) Intend to begin (i) Register with the FAA, Office of lowing information:
air traffic control Aerospace Medicine, Drug Abate- (i) Company name.
operations (at an ment Division (AAM–800), 800 Inde-
air traffic control pendence Avenue SW., Washington,
(ii) Certificate number.
facility not oper- DC 20591, prior to starting oper- (iii) Telephone number.
ated by the FAA ations, (iv) Address where your drug and al-
or by or under
contract to the cohol testing program records are kept.
U.S. military). (v) Whether you have 50 or more cov-
(ii) Implement an FAA alcohol testing ered employees, or 49 or fewer covered
program no later than the date you
start operations, and employees. (Part 119 certificate holders
(iii) Meet the requirements of this sub- with authority to operate only under
part. part 121 of this chapter are not re-
quired to provide this information.)
(c) If you are an individual or a com- (2) You must certify on your Anti-
pany that intends to provide safety- drug and Alcohol Misuse Prevention
sensitive services by contract to a part Program Operations Specification,
119 certificate holder with authority to
issued by your FAA Principal Oper-
operate under parts 121 and/or 135 of
ations Inspector or Principal Mainte-
lpowell on DSK54DXVN1OFR with $$_JOB

this chapter or an operator as defined


nance Inspector, that you will comply
in § 91.147 of this chapter, use the fol-
lowing chart to determine what you with this part and 49 CFR part 40.

59

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§ 120.227 14 CFR Ch. I (1–1–16 Edition)

(3) You are required to obtain only (1) Except as provided in paragraphs (d)
one Antidrug and Alcohol Misuse Pre- and (e) of this section, to obtain a Drug
vention Program Operations Specifica- and Alcohol Testing Program Registra-
tion to satisfy this requirement under tion from the FAA you must submit
this part. the following information to the Office
(4) You must update the Antidrug of Aerospace Medicine, Drug Abate-
and Alcohol Misuse Prevention Pro- ment Division:
gram Operations Specification when (i) Company name.
any changes to the information con- (ii) Telephone number.
tained in the Operation Specification (iii) Address where your drug and al-
occur. cohol testing program records are kept.
(e) Register your Drug and Alcohol (iv) Type of safety-sensitive func-
Testing Program by obtaining a Letter of tions you or your employees perform
Authorization from the FAA in accord- (such as flight instruction duties, air-
ance with § 91.147. (1) A drug and alcohol craft dispatcher duties, maintenance or
testing program is considered reg- preventive maintenance duties, ground
istered when the following information security coordinator duties, aviation
is submitted to the Flight Standards screening duties, air traffic control du-
District Office nearest your principal ties).
place of business: (v) Whether you have 50 or more cov-
(i) Company name. ered employees, or 49 or fewer covered
(ii) Telephone number. employees.
(iii) Address where your drug and al- (vi) A signed statement indicating
cohol testing program records are kept. that: your company will comply with
(iv) Type of safety-sensitive func- this part and 49 CFR part 40; and you
tions you or your employees perform intend to provide safety-sensitive func-
(such as flight instruction duties, air- tions by contract (including sub-
craft dispatcher duties, maintenance or contract at any tier) to a part 119 cer-
preventive maintenance duties, ground tificate holder with authority to oper-
security coordinator duties, aviation ate under part 121 or part 135 of this
screening duties, air traffic control du- chapter, an operator as defined in
ties). § 91.147 of this chapter, or an air traffic
(v) Whether you have 50 or more cov- control facility not operated by the
ered employees, or 49 or fewer covered FAA or by or under contract to the
employees. U.S. military.
(vi) A signed statement indicating (2) Send this information to the Fed-
that your company will comply with eral Aviation Administration, Office of
this part and 49 CFR part 40. Aerospace Medicine, Drug Abatement
(2) This Letter of Authorization will Division (AAM–800), 800 Independence
satisfy the requirements for both your Avenue SW., Washington, DC 20591.
drug testing program under subpart E (3) This Drug and Alcohol Testing
of this part and your alcohol testing Program Registration will satisfy the
program under this subpart. registration requirements for both
(3) Update the Letter of Authoriza- your drug testing program under sub-
tion information as changes occur. part E of this part and your alcohol
Send the updates to the Flight Stand- testing program under this subpart.
ards District Office nearest your prin- (4) Update the registration informa-
cipal place of business. tion as changes occur. Send the up-
(4) If you are a part 119 certificate dates to the address specified in para-
holder with authority to operate under graph (f)(2) of this section.
part 121 or part 135 and intend to begin [Doc. No. FAA–2008–0937, 74 FR 22653, May 14,
operations as defined in § 91.147 of this 2009; Amdt. 120–0A, 75 FR 3154, Jan. 20, 2010,
chapter, you must also advise the Fed- as amended by Amdt. 120–1, 78 FR 42005, July
eral Aviation Administration, Office of 15, 2013]
Aerospace Medicine, Drug Abatement
Division (AAM–800), 800 Independence § 120.227 Employees located outside
lpowell on DSK54DXVN1OFR with $$_JOB

Avenue SW., Washington, DC 20591. the U.S.


(f) Obtaining a Drug and Alcohol Test- (a) No covered employee shall be
ing Program Registration from the FAA. tested for alcohol misuse while located

60

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Federal Aviation Administration, DOT Pt. 121

outside the territory of the United Subpart E—Approval of Routes: Domestic


States. and Flag Operations
(1) Each covered employee who is as-
121.91 Applicability.
signed to perform safety-sensitive 121.93 Route requirements: General.
functions solely outside the territory 121.95 Route width.
of the United States shall be removed 121.97 Airports: Required data.
from the random testing pool upon the 121.99 Communications facilities—domestic
inception of such assignment. and flag operations.
(2) Each covered employee who is re- 121.101 Weather reporting facilities.
121.103 En route navigation facilities.
moved from the random testing pool 121.105 Servicing and maintenance facili-
under this paragraph shall be returned ties.
to the random testing pool when the 121.106 ETOPS Alternate Airport: Rescue
employee resumes the performance of and fire fighting service.
safety-sensitive functions wholly or 121.107 Dispatch centers.
partially within the territory of the
United States. Subpart F—Approval of Areas and Routes
(b) The provisions of this subpart for Supplemental Operations
shall not apply to any person who per- 121.111 Applicability.
forms a safety-sensitive function by 121.113 Area and route requirements: Gen-
contract for an employer outside the eral.
territory of the United States. 121.115 Route width.
121.117 Airports: Required data.
121.119 Weather reporting facilities.
PART 121—OPERATING REQUIRE- 121.121 En route navigation facilities.
MENTS: DOMESTIC, FLAG, AND 121.122 Communications facilities—supple-
SUPPLEMENTAL OPERATIONS mental operations.
121.123 Servicing maintenance facilities.
121.125 Flight following system.
SPECIAL FEDERAL AVIATION REGULATION NO. 121.127 Flight following system; require-
50–2 [NOTE] ments.
SPECIAL FEDERAL AVIATION REGULATION NO.
71 [NOTE] Subpart G—Manual Requirements
SPECIAL FEDERAL AVIATION REGULATION NO.
97 [NOTE] 121.131 Applicability.
121.133 Preparation.
SPECIAL FEDERAL AVIATION REGULATION NO.
121.135 Manual contents.
106
121.137 Distribution and availability.
121.139 Requirements for manual aboard air-
Subpart A—General craft: Supplemental operations.
Sec. 121.141 Airplane flight manual.
121.1 Applicability.
Subpart H—Aircraft Requirements
121.2 Compliance schedule for operators
that transition to part 121; certain new 121.151 Applicability.
entrant operators. 121.153 Aircraft requirements: General.
121.4 Applicability of rules to unauthorized 121.155 [Reserved]
operators. 121.157 Aircraft certification and equipment
121.7 Definitions. requirements.
121.9 Fraud and falsification. 121.159 Single-engine airplanes prohibited.
121.11 Rules applicable to operations in a 121.161 Airplane limitations: Type of route.
foreign country. 121.162 ETOPS Type Design Approval Basis.
121.15 Carriage of narcotic drugs, mari- 121.163 Aircraft proving tests.
huana, and depressant or stimulant drugs
or substances. Subpart I—Airplane Performance
Operating Limitations
Subpart B—Certification Rules for Domestic
121.171 Applicability.
and Flag Air Carriers [Reserved]
121.173 General.
121.175 Airplanes: Reciprocating engine-
Subpart C—Certification Rules for Supple- powered: Weight limitations.
mental Air Carriers and Commercial 121.177 Airplanes: Reciprocating engine-
Operators [Reserved] powered: Takeoff limitations.
lpowell on DSK54DXVN1OFR with $$_JOB

121.179 Airplanes: Reciprocating engine-


Subpart D—Rules Governing All Certificate powered: En route limitations: All en-
Holders Under This Part [Reserved] gines operating.

61

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Pt. 121 14 CFR Ch. I (1–1–16 Edition)
121.181 Airplanes: Reciprocating engine- 121.255 Flammable fluids.
powered: En route limitations: One en- 121.257 Shutoff means.
gine inoperative. 121.259 Lines and fittings.
121.183 Part 25 airplanes with four or more 121.261 Vent and drain lines.
engines: Reciprocating engine powered: 121.263 Fire-extinguishing systems.
En route limitations: Two engines inop- 121.265 Fire-extinguishing agents.
erative. 121.267 Extinguishing agent container pres-
121.185 Airplanes: Reciprocating engine- sure relief.
powered: Landing limitations: Destina- 121.269 Extinguishing agent container com-
tion airport. partment temperature.
121.187 Airplanes: Reciprocating engine- 121.271 Fire-extinguishing system mate-
powered: Landing limitations: Alternate rials.
airport. 121.273 Fire-detector systems.
121.189 Airplanes: Turbine engine powered:
121.275 Fire detectors.
Takeoff limitations.
121.277 Protection of other airplane compo-
121.191 Airplanes: Turbine engine powered:
nents against fire.
En route limitations: One engine inoper-
121.279 Control of engine rotation.
ative.
121.193 Airplanes: Turbine engine powered: 121.281 Fuel system independence.
En route limitations: Two engines inop- 121.283 Induction system ice prevention.
erative. 121.285 Carriage of cargo in passenger com-
121.195 Airplanes: Turbine engine powered: partments.
Landing limitations: Destination air- 121.287 Carriage of cargo in cargo compart-
ports. ments.
121.197 Airplanes: Turbine engine powered: 121.289 Landing gear: Aural warning device.
Landing limitations: Alternate airports. 121.291 Demonstration of emergency evacu-
121.198 Cargo service airplanes: Increased ation procedures.
zero fuel and landing weights. 121.293 Special airworthiness requirements
121.199 Nontransport category airplanes: for nontransport category airplanes type
Takeoff limitations. certificated after December 31, 1964.
121.201 Nontransport category airplanes: En 121.295 Location for a suspect device.
route limitations: One engine inoper-
ative. Subpart K—Instrument and Equipment
121.203 Nontransport category airplanes: Requirements
Landing limitations: Destination airport.
121.205 Nontransport category airplanes: 121.301 Applicability.
Landing limitations: Alternate airport. 121.303 Airplane instruments and equip-
121.207 Provisionally certificated airplanes: ment.
Operating limitations. 121.305 Flight and navigational equipment.
121.306 Portable electronic devices.
Subpart J—Special Airworthiness 121.307 Engine instruments.
Requirements 121.308 Lavatory fire protection.
121.309 Emergency equipment.
121.211 Applicability. 121.310 Additional emergency equipment.
121.213 [Reserved] 121.311 Seats, safety belts, and shoulder har-
121.215 Cabin interiors. nesses.
121.217 Internal doors. 121.312 Materials for compartment inte-
121.219 Ventilation.
riors.
121.221 Fire precautions.
121.313 Miscellaneous equipment.
121.223 Proof of compliance with § 121.221.
121.314 Cargo and baggage compartments.
121.225 Propeller deicing fluid.
121.227 Pressure cross-feed arrangements. 121.315 Cockpit check procedure.
121.229 Location of fuel tanks. 121.316 Fuel tanks.
121.231 Fuel system lines and fittings. 121.317 Passenger information require-
121.233 Fuel lines and fittings in designated ments, smoking prohibitions, and addi-
fire zones. tional seat belt requirements.
121.235 Fuel valves. 121.318 Public address system.
121.237 Oil lines and fittings in designated 121.319 Crewmember interphone system.
fire zones. 121.321 Operations in icing.
121.239 Oil valves. 121.323 Instruments and equipment for oper-
121.241 Oil system drains. ations at night.
121.243 Engine breather lines. 121.325 Instruments and equipment for oper-
121.245 Fire walls. ations under IFR or over-the-top.
121.247 Fire-wall construction. 121.327 Supplemental oxygen: Reciprocating
lpowell on DSK54DXVN1OFR with $$_JOB

121.249 Cowling. engine powered airplanes.


121.251 Engine accessory section diaphragm. 121.329 Supplemental oxygen for suste-
121.253 Powerplant fire protection. nance: Turbine engine powered airplanes.

62

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Federal Aviation Administration, DOT Pt. 121
121.331 Supplemental oxygen requirements 121.377 Maintenance and preventive mainte-
for pressurized cabin airplanes: Recipro- nance personnel duty time limitations.
cating engine powered airplanes. 121.378 Certificate requirements.
121.333 Supplemental oxygen for emergency 121.379 Authority to perform and approve
descent and for first aid; turbine engine maintenance, preventive maintenance,
powered airplanes with pressured cabins. and alterations.
121.335 Equipment standards. 121.380 Maintenance recording require-
121.337 Protective breathing equipment. ments.
121.339 Emergency equipment for extended 121.380a Transfer of maintenance records.
over-water operations.
121.340 Emergency flotation means. Subpart M—Airman and Crewmember
121.341 Equipment for operations in icing Requirements
conditions.
121.342 Pitot heat indication systems. 121.381 Applicability.
121.343 Flight data recorders. 121.383 Airman: Limitations on use of serv-
121.344 Digital flight data recorders for ices.
transport category airplanes. 121.385 Composition of flight crew.
121.344a Digital flight data recorders for 10– 121.387 Flight engineer.
19 seat airplanes. 121.389 Flight navigator and specialized
121.345 Radio equipment. navigation equipment.
121.346 Flight data recorders: filtered data. 121.391 Flight attendants.
121.347 Communication and navigation 121.392 Personnel identified as flight attend-
equipment for operations under VFR ants.
over routes navigated by pilotage. 121.393 Crewmember requirements at stops
121.349 Communication and navigation where passengers remain on board.
equipment for operations under VFR
121.394 Flight attendant requirements dur-
over routes not navigated by pilotage or
ing passenger boarding and deplaning.
for operations under IFR or over the top.
121.395 Aircraft dispatcher: Domestic and
121.351 Communication and navigation
flag operations.
equipment for extended over-water oper-
121.397 Emergency and emergency evacu-
ations and for certain other operations.
ation duties.
121.353 Emergency equipment for operations
over uninhabited terrain areas: Flag,
supplemental, and certain domestic oper-
Subpart N—Training Program
ators. 121.400 Applicability and terms used.
121.354 Terrain awareness and warning sys- 121.401 Training program: General.
tem. 121.402 Training program: Special rules.
121.355 Equipment for operations on which 121.403 Training program: Curriculum.
specialized means of navigation are used.
121.404 Compliance dates: Crew and dis-
121.356 Collision Avoidance System.
patcher resource management training.
121.357 Airborne weather radar equipment
121.405 Training program and revision: Ini-
requirements.
tial and final approval.
121.358 Low-altitude windshear system
121.406 Credit for previous CRM/DRM train-
equipment requirements.
ing.
121.359 Cockpit voice recorders.
121.360 [Reserved] 121.407 Training program: Approval of air-
plane simulators and other training de-
Subpart L—Maintenance, Preventive vices.
121.408 Training eqipment other than flight
Maintenance, and Alterations
simulation training devices.
121.361 Applicability. 121.409 Training courses using airplane sim-
121.363 Responsibility for airworthiness. ulators and other training devices.
121.365 Maintenance, preventive mainte- 121.410 Airline transport pilot certification
nance, and alteration organization. training program.
121.367 Maintenance, preventive mainte- 121.411 Qualifications: Check airmen (air-
nance, and alterations programs. plane) and check airmen (simulator).
121.368 Contract maintenance. 121.412 Qualifications: Flight instructors
121.369 Manual requirements. (airplane) and flight instructors (simu-
121.370–121.370a [Reserved] lator).
121.371 Required inspection personnel. 121.413 Initial, transition and recurrent
121.373 Continuing analysis and surveil- training and checking requirements:
lance. Check airmen (airplane), check airmen
121.374 Continuous airworthiness mainte- (simulator).
nance program (CAMP) for two-engine 121.414 Initial, transition and recurrent
lpowell on DSK54DXVN1OFR with $$_JOB

ETOPS. training and checking requirements:


121.375 Maintenance and preventive mainte- flight instructors (airplane), flight in-
nance training program. structors (simulator).

63

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Pt. 121 14 CFR Ch. I (1–1–16 Edition)
121.415 Crewmember and dispatcher training 121.473 Fatigue risk management system.
program requirements.
121.417 Crewmember emergency training. Subpart R—Flight Time Limitations: Flag
121.418 Differences training and related air- Operations
craft differences training.
121.419 Pilots and flight engineers: Initial, 121.480 Applicability.
transition, and upgrade ground training. 121.481 Flight time limitations: One or two
121.420 [Reserved] pilot crews.
121.421 Flight attendants: Initial and transi- 121.483 Flight time limitations: Two pilots
tion ground training. and one additional flight crewmember.
121.422 Aircraft dispatchers: Initial and 121.485 Flight time limitations: Three or
transition ground training. more pilots and an additional flight
121.423 Pilot: Extended Envelope Training. crewmember.
121.424 Pilots: Initial, transition and up- 121.487 Flight time limitations: Pilots not
grade flight training. regularly assigned.
121.425 Flight engineers: Initial and transi- 121.489 Flight time limitations: Other com-
tion flight training. mercial flying.
121.426 [Reserved] 121.491 Flight time limitations: Deadhead
121.427 Recurrent training. transportation.
121.429 [Reserved] 121.493 Flight time limitations: Flight engi-
neers and flight navigators.
Subpart O—Crewmember Qualifications 121.495 Fatigue risk management system.

121.431 Applicability. Subpart S—Flight Time Limitations:


121.432 General. Supplemental Operations
121.433 Training required.
121.434 Operating experience, operating cy- 121.500 Applicability.
cles, and consolidation of knowledge and 121.503 Flight time limitations: Pilots: air-
skills. planes.
121.435 [Reserved] 121.505 Flight time limitations: Two pilot
121.436 Pilot Qualification: Certificates and crews: airplanes.
experience requirements. 121.507 Flight time limitations: Three pilot
121.438 Pilot operating limitations and pair- crews: airplanes.
ing requirements. 121.509 Flight time limitations: Four pilot
121.439 Pilot qualification: Recent experi- crews: airplanes.
ence. 121.511 Flight time limitations: Flight engi-
121.440 Line checks. neers: airplanes.
121.441 Proficiency checks. 121.513 Flight time limitations: Overseas
121.443 Pilot in command qualification: and international operations: airplanes.
Route and airports. 121.515 Flight time limitations: All airmen:
121.445 Pilot in command airport qualifica- airplanes.
tion: Special areas and airports. 121.517 Flight time limitations: Other com-
121.447 [Reserved] mercial flying: airplanes.
121.453 Flight engineer qualifications. 121.519 Flight time limitations: Deadhead
121.455–121.459 [Reserved] transportation: airplanes.
121.521 Flight time limitations: Crew of two
Subpart P—Aircraft Dispatcher pilots and one additional airman as re-
Qualifications and Duty Time quired.
121.523 Flight time limitations: Crew of
Limitations: DOMESTIC AND FLAG OPERATIONS; three or more pilots and additional air-
FLIGHT ATTENDANT DUTY PERIOD LIMITA- men as required.
TIONS AND REST REQUIREMENTS: DOMESTIC, 121.525 Flight time limitations: Pilots serv-
FLAG, AND SUPPLEMENTAL OPERATIONS ing in more than one kind of flight crew.
121.527 Fatigue risk management system.
121.461 Applicability.
121.463 Aircraft dispatcher qualifications. Subpart T—Flight Operations
121.465 Aircraft dispatcher duty time limi-
tations: Domestic and flag operations. 121.531 Applicability.
121.467 Flight attendant duty period limita- 121.533 Responsibility for operational con-
tions and rest requirements: Domestic, trol: Domestic operations.
flag, and supplemental operations. 121.535 Responsibility for operational con-
trol: Flag operations.
Subpart Q—Flight Time Limitations and Rest 121.537 Responsibility for operational con-
Requirements: Domestic Operations trol: Supplemental operations.
121.538 Aircraft security.
lpowell on DSK54DXVN1OFR with $$_JOB

121.470 Applicability. 121.539 Operations notices.


121.471 Flight time limitations and rest re- 121.541 Operations schedules: Domestic and
quirements: All flight crewmembers. flag operations.

64

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Federal Aviation Administration, DOT Pt. 121
121.542 Flight crewmember duties. Subpart U—Dispatching and Flight Release
121.543 Flight crewmembers at controls. Rules
121.544 Pilot monitoring.
121.545 Manipulation of controls. 121.591 Applicability.
121.547 Admission to flight deck. 121.593 Dispatching authority: Domestic op-
121.548 Aviation safety inspector’s creden- erations.
tials: Admission to pilot’s compartment. 121.595 Dispatching authority: Flag oper-
121.548a DOD Commercial Air Carrier Eval- ations.
uator’s Credential. 121.597 Flight release authority: Supple-
121.549 Flying equipment. mental operations.
121.550 Secret Service Agents: Admission to 121.599 Familiarity with weather condi-
flight deck. tions.
121.551 Restriction or suspension of oper- 121.601 Aircraft dispatcher information to
ation: Domestic and flag operations. pilot in command: Domestic and flag op-
121.553 Restriction or suspension of oper- erations.
ation: Supplemental operations. 121.603 Facilities and services: Supple-
121.555 Compliance with approved routes mental operations.
and limitations: Domestic and flag oper- 121.605 Airplane equipment.
ations. 121.607 Communication and navigation fa-
121.557 Emergencies: Domestic and flag op- cilities: Domestic and flag operations.
erations. 121.609 Communication and navigation fa-
121.559 Emergencies: Supplemental oper- cilities: Supplemental operations.
ations. 121.611 Dispatch or flight release under
121.561 Reporting potentially hazardous me- VFR.
teorological conditions and irregularities 121.613 Dispatch or flight release under IFR
of ground facilities or navigation aids. or over the top.
121.563 Reporting mechanical irregularities. 121.615 Dispatch or flight release over
121.565 Engine inoperative: Landing; report- water: Flag and supplemental operations.
ing. 121.617 Alternate airport for departure.
121.567 Instrument approach procedures and 121.619 Alternate airport for destination:
IFR landing minimums. IFR or over-the-top: Domestic oper-
121.569 Equipment interchange: Domestic ations.
and flag operations. 121.621 Alternate airport for destination:
121.570 Airplane evacuation capability. Flag operations.
121.571 Briefing passengers before takeoff. 121.623 Alternate airport for destination:
121.573 Briefing passengers: Extended IFR or over-the-top: Supplemental oper-
overwater operations. ations.
121.574 Oxygen for medical use by pas- 121.624 ETOPS Alternate Airports..
sengers. 121.625 Alternate Airport weather minima.
121.575 Alcoholic beverages. 121.627 Continuing flight in unsafe condi-
121.576 Retention of items of mass in pas- tions.
senger and crew compartments. 121.628 Inoperable instruments and equip-
121.577 Stowage of food, beverage, and pas- ment.
senger service equipment during airplane 121.629 Operation in icing conditions.
movement on the surface, takeoff, and 121.631 Original dispatch or flight release,
landing. redispatch or amendment of dispatch or
121.578 Cabin ozone concentration. flight release.
121.579 Minimum altitudes for use of auto- 121.633 Considering time-limited systems in
pilot. planning ETOPS alternates.
121.580 Prohibition on interference with 121.635 Dispatch to and from refueling or
crewmembers. provisional airports: Domestic and flag
121.581 Observer’s seat: En route inspec- operations.
tions. 121.637 Takeoffs from unlisted and alternate
121.582 Means to discreetly notify a airports: Domestic and flag operations.
flightcrew. 121.639 Fuel supply: All domestic oper-
121.583 Carriage of persons without compli- ations.
ance with the passenger-carrying re- 121.641 Fuel supply: Nonturbine and turbo-
quirements of this part. propeller-powered airplanes: Flag oper-
121.584 Requirement to view the area out- ations.
side the flightdeck door. 121.643 Fuel supply: Nonturbine and turbo-
121.585 Exit seating. propeller-powered airplanes: Supple-
121.586 Authority to refuse transportation. mental operations.
121.587 Closing and locking of flight crew 121.645 Fuel supply: Turbine-engine powered
compartment door. airplanes, other than turbo propeller:
lpowell on DSK54DXVN1OFR with $$_JOB

121.589 Carry-on baggage. Flag and supplemental operations.


121.590 Use of certificated land airports in 121.646 En-route fuel supply: flag and sup-
the United States. plemental operations.

65

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Pt. 121 14 CFR Ch. I (1–1–16 Edition)
121.647 Factors for computing fuel required. 121.805 Crewmember training for in-flight
121.649 Takeoff and landing weather mini- medical events.
mums: VFR: Domestic operations.
121.651 Takeoff and landing weather mini- Subpart Y—Advanced Qualification
mums: IFR: All certificate holders. Program
121.652 Landing weather minimums: IFR:
All certificate holders. 121.901 Purpose and eligibility.
121.653 [Reserved] 121.903 General requirements for Advanced
121.655 Applicability of reported weather Qualification Programs.
minimums. 121.905 Confidential commercial informa-
121.657 Flight altitude rules. tion
121.659 Initial approach altitude: Domestic 121.907 Definitions.
and supplemental operations. 121.909 Approval of Advanced Qualification
121.661 Initial approach altitude: Flag oper- Program.
ations. 121.911 Indoctrination curriculum.
121.663 Responsibility for dispatch release: 121.913 Qualification curriculum.
Domestic and flag operations. 121.915 Continuing qualification curriculum.
121.665 Load manifest. 121.917 Other requirements.
121.667 Flight plan: VFR and IFR: Supple- 121.919 Certification.
mental operations. 121.921 Training devices and simulators.
121.923 Approval of training, qualification,
Subpart V—Records and Reports or evaluation by a person who provides
training by arrangement.
121.681 Applicability. 121.925 Recordkeeping requirements.
121.683 Crewmember and dispatcher record.
121.685 Aircraft record: Domestic and flag Subpart Z—Hazardous Materials Training
operations. Program
121.687 Dispatch release: Flag and domestic
operations. 121.1001 Applicability and definitions.
121.689 Flight release form: Supplemental 121.1003 Hazardous materials training: Gen-
operations. eral.
121.691 [Reserved] 121.1005 Hazardous materials training re-
121.693 Load manifest: All certificate hold- quired.
ers. 121.1007 Hazardous materials training
121.695 Disposition of load manifest, dis- records.
patch release, and flight plans: Domestic
and flag operations. Subpart AA—Continued Airworthiness and
121.697 Disposition of load manifest, flight Safety Improvements
release, and flight plans: Supplemental
121.1101 Purpose and definition.
operations.
121.1103 [Reserved]
121.698–121.699 [Reserved]
121.1105 Aging airplane inspections and
121.701 Maintenance log: Aircraft.
records reviews.
121.703 Service difficulty reports.
121.1107 Repairs assessment for pressurized
121.705 Mechanical interruption summary
fuselages.
report.
121.1109 Supplemental inspections.
121.707 Alteration and repair reports.
121.1111 Electrical wiring interconnection
121.709 Airworthiness release or aircraft log
systems (EWIS) maintenance program.
entry.
121.1113 Fuel tank system maintenance pro-
121.711 Communication records: Domestic
gram.
and flag operations.
121.1115 Limit of validity.
121.713 Retention of contracts and amend-
121.1117 Flammability reduction means.
ments: Commercial operators who con-
duct intrastate operations for compensa-
Subpart BB [Reserved]
tion or hire.
121.1200–121.1399 [Reserved]
Subpart W—Crewmember Certificate:
International Subpart CC [Reserved]
121.721 Applicability. 121.1400–121.1499 [Reserved]
121.723 Surrender of international crew-
member certificate. Subpart DD—Special Federal Aviation
Regulations
Subpart X—Emergency Medical
121.1500 SFAR No. 111—Lavatory Oxygen
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Equipment and Training


Systems.
121.801 Applicability. APPENDIX A TO PART 121—FIRST-AID KITS
121.803 Emergency medical equipment. AND EMERGENCY MEDICAL KITS

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Federal Aviation Administration, DOT Pt. 121, SFAR No. 106
APPENDIX B TO PART 121—AIRCRAFT FLIGHT SPECIAL FEDERAL AVIATION REGULATION
RECORDER SPECIFICATIONS NO. 106—RULES FOR USE OF PORT-
APPENDIX C TO PART 121—C–46 NON- ABLE OXYGEN CONCENTRATOR SYS-
TRANSPORT CATEGORY AIRPLANES TEMS ON BOARD AIRCRAFT
APPENDIX D TO PART 121—CRITERIA FOR DEM-
ONSTRATION OF EMERGENCY EVACUATION Section 1. Applicability—This rule pre-
PROCEDURES UNDER § 121.291 scribes special operating rules for the use of
APPENDIX E TO PART 121—FLIGHT TRAINING portable oxygen concentrator units on board
REQUIREMENTS civil aircraft. This rule applies to both the
APPENDIX F TO PART 121—PROFICIENCY CHECK aircraft operator and the passenger using the
REQUIREMENTS portable oxygen concentrator on board the
APPENDIX G TO PART 121—DOPPLER RADAR aircraft.
AND INERTIAL NAVIGATION SYSTEM (INS): Section 2. Definitions—For the purposes of
REQUEST FOR EVALUATION; EQUIPMENT this SFAR the following definitions apply:
AND EQUIPMENT INSTALLATION; TRAINING
Portable Oxygen Concentrator: means the
PROGRAM; EQUIPMENT ACCURACY AND RE- AirSep FreeStyle, AirSep LifeStyle, AirSep
Focus, AirSep Freestyle 5, Delphi RS–00400,
LIABILITY; EVALUATION PROGRAM
DeVilbiss Healthcare iGo, Inogen One,
APPENDIX H TO PART 121—ADVANCED SIMULA-
Inogen One G2, Inogen One G3, Inova Labs
TION
LifeChoice, Inova Labs LifeChoice Activox,
APPENDIXES I–J TO PART 121 [RESERVED] International Biophysics LifeChoice,
APPENDIX K TO PART 121—PERFORMANCE RE- Invacare XPO2, Invacare Solo2, Oxlife Inde-
QUIREMENTS FOR CERTAIN TURBO- pendence Oxygen Concentrator, Oxus RS–
PROPELLER POWERED AIRPLANES 00400, Precision Medical EasyPulse,
APPENDIX L TO PART 121—TYPE CERTIFI- Respironics EverGo, Respironics SimplyGo,
CATION REGULATIONS MADE PREVIOUSLY SeQual Eclipse, SeQual eQuinox Oxygen Sys-
EFFECTIVE tem (model 4000), SeQual Oxywell Oxygen
APPENDIX M TO PART 121—AIRPLANE FLIGHT System (model 4000), SeQual SAROS and
RECORDER SPECIFICATIONS VBOX Trooper Oxygen Concentrator medical
APPENDIX N TO PART 121 [RESERVED] device units as long as those medical device
APPENDIX O TO PART 121—HAZARDOUS MATE- units: (1) Do not contain hazardous materials
RIALS TRAINING REQUIREMENTS FOR CER- as determined by the Pipeline and Hazardous
TIFICATE HOLDERS Materials Safety Administration; (2) are also
APPENDIX P TO PART 121—REQUIREMENTS FOR regulated by the Food and Drug Administra-
tion; and (3) assist a user of medical oxygen
ETOPS AND POLAR OPERATIONS
under a doctor’s care. These units perform
AUTHORITY: 49 U.S.C. 106(f), 106(g), 40103, by separating oxygen from nitrogen and
40113, 40119, 41706, 42301 preceding note added other gases contained in ambient air and dis-
by Pub. L. 112–95, sec. 412, 126 Stat. 89, 44101, pensing it in concentrated form to the user.
44701–44702, 44705, 44709–44711, 44713, 44716– Section 3. Operating Requirements—
44717, 44722, 44729, 44732; 46105; Pub. L. 111–216, (a) No person may use and no aircraft oper-
124 Stat. 2348 (49 U.S.C. 44701 note); Pub. L. ator may allow the use of any portable oxy-
112–95 126 Stat 62 (49 U.S.C. 44732 note). gen concentrator device, except the AirSep
FreeStyle, AirSep LifeStyle, AirSep Focus,
SPECIAL FEDERAL AVIATION REGULATION AirSep FreeStyle 5, Delphi RS–00400,
NO. 50–2 DeVilbiss Healthcare iGo, Inogen One,
Inogen One G2, Inogen One G3, Inova Labs
LifeChoice, Inova Labs LifeChoice Activox,
EDITORIAL NOTE: For the text of SFAR No. International Biophysics LifeChoice,
50–2, see part 91 of this chapter. Invacare XPO2, Invacare Solo2, Oxlife Inde-
pendence Oxygen Concentrator, Oxus RS–
SPECIAL FEDERAL AVIATION REGULATION 00400, Precision Medical EasyPulse,
NO. 71 Respironics EverGo, Respironics SimplyGo,
SeQual Eclipse, SeQual eQuinox Oxygen Sys-
EDITORIAL NOTE: For the text of SFAR No. tem (model 4000), SeQual Oxywell Oxygen
71, see part 91 of this chapter. System (model 4000), SeQual SAROS and
VBOX Trooper Portable Oxygen Concen-
SPECIAL FEDERAL AVIATION REGULATION trator units. These units may be carried on
and used by a passenger on board an aircraft
NO. 97 provided the aircraft operator ensures that
the following conditions are satisfied:
EDITORIAL NOTE: For the text of SFAR No. (1) The device does not cause interference
lpowell on DSK54DXVN1OFR with $$_JOB

97, see part 91 of this chapter. with the electrical, navigation or commu-
nication equipment on the aircraft on which
the device is to be used;

67

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§ 121.1 14 CFR Ch. I (1–1–16 Edition)
(2) No smoking or open flame is permitted (iii) Specifies the maximum oxygen flow
within 10 feet of any seat row where a person rate corresponding to the pressure in the
is using a portable oxygen concentrator. cabin of the aircraft under normal operating
(3) During movement on the surface, take- conditions.
off, and landing, the unit must: (4) Only lotions or salves that are oxygen
(i) Either be stowed under the seat in front approved may be used by persons using the
of the user, or in another approved stowage
portable oxygen concentrator device;
location, so that it does not block the aisle
way or the entryway into the row; or (5) The user, whose physician statement
(ii) If it is to be operated by the user, be specifies the duration of oxygen use, must
used only at a seat location that does not re- obtain from the aircraft operator, or by
strict any passenger’s access to, or use of, other means, the duration of the planned
any required emergency or regular exit, or flight. The user must carry on the flight a
the aisle(s) in the passenger compartment; sufficient number of batteries to power the
(4) No person using a portable oxygen con- device for the duration of the oxygen use
centrator is permitted to sit in an exit row; specified in the user’s physician statement,
(5) The pilot in command must be apprised including a conservative estimate of any un-
whenever a passenger brings and intends to anticipated delays; and
use a portable oxygen concentrator on board (6) The user must ensure that all portable
the aircraft and the pilot in command must oxygen concentrator batteries carried on-
be informed about the contents of the physi- board the aircraft in carry-on baggage are
cian’s written statement (as required in Sec-
protected from short circuit and are pack-
tion 3(b)(3) of this SFAR), including the mag-
aged in a manner that protects them from
nitude and nature of the passenger’s oxygen
needs. physical damage. Batteries protected from
(6) Whenever the pilot in command turns short circuit include: (1) Those designed with
off the ‘‘Fasten Seat Belt’’ sign, or otherwise recessed battery terminals; or (2) those pack-
signifies that permission is granted to move aged so that the battery terminals do not
about the passenger cabin, passengers oper- contact metal objects (including the battery
ating their portable oxygen concentrator terminals of other batteries). When a bat-
may continue to operate it while moving tery-powered oxygen concentrator is carried
about the cabin. onboard aircraft as carry-on baggage and is
(b) The user of the portable oxygen concen- not intended to be used during the flight, the
trator must comply with the following con- battery must be removed and packaged sepa-
ditions to use the device on board the air- rately unless the concentrator contains at
craft: least two effective protective features to pre-
(1) The user must be capable of hearing the vent accidental operation during transport.
unit’s alarms, seeing the alarm light indica-
Section 4. Expiration Date—This SFAR No.
tors, and have the cognitive ability to take
106 will remain in effect until further notice.
the appropriate action in response to the
various caution and warning alarms and [Doc. No. FAA–2004–18596, 70 FR 40164, July
alarm light indicators, or be travelling with 12, 2005, as amended at 71 FR 53956, Sept. 12,
someone who is capable of performing those 2006; 74 FR 2354, Jan. 15, 2009; 75 FR 742, Jan.
functions; 6, 2010; 75 FR 39632, July 12, 2010; Amdt. 121–
(2) The user must ensure that the portable 358, 77 FR 4220, Jan. 27, 2012; Amdt. 121–361, 77
oxygen concentrator is free of oil, grease or FR 63221, Oct. 16, 2012; Amdt. 121–367, 79 FR
other petroleum products and is in good con-
6081, Feb 3, 2014]
dition free from damage or other signs of ex-
cessive wear or abuse;
(3) The user must inform the aircraft oper- Subpart A—General
ator that he or she intends to use a portable
oxygen concentrator on board the aircraft § 121.1 Applicability.
and must allow the crew of the aircraft to re-
view the contents of the physician’s state- This part prescribes rules gov-
ment. The user must have a written state- erning—
ment, to be kept in that person’s possession, (a) The domestic, flag, and supple-
signed by a licensed physician that: mental operations of each person who
(i) States whether the user of the device
has the physical and cognitive ability to see,
holds or is required to hold an Air Car-
hear, and understand the device’s aural and rier Certificate or Operating Certifi-
visual cautions and warnings and is able, cate under part 119 of this chapter.
without assistance, to take the appropriate (b) Each person employed or used by
action in response to those cautions and a certificate holder conducting oper-
warnings;
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ations under this part including main-


(ii) States whether or not oxygen use is
medically necessary for all or a portion of tenance, preventive maintenance, and
the duration of the trip; and alteration of aircraft.

68

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Federal Aviation Administration, DOT § 121.2

(c) Each person who applies for provi- § 121.2 Compliance schedule for opera-
sional approval of an Advanced Quali- tors that transition to part 121; cer-
fication Program curriculum, cur- tain new entrant operators.
riculum segment, or portion of a cur- (a) Applicability. This section applies
riculum segment under SFAR No. 58 of to the following:
14 CFR part 121, and each person em- (1) Each certificate holder that was
ployed or used by an air carrier or com- issued an air carrier or operating cer-
mercial operator under this part to tificate and operations specifications
perform training, qualification, or under the requirements of part 135 of
evaluation functions under an Ad- this chapter or under SFAR No. 38–2 of
vanced Qualification Program under 14 CFR part 121 before January 19, 1996,
SFAR No. 58 of 14 CFR part 121. and that conducts scheduled passenger-
carrying operations with:
(d) Nonstop Commercial Air Tours
(i) Nontransport category turbo-
conducted for compensation or hire in
propeller powered airplanes type cer-
accordance with § 119.1(e)(2) of this tificated after December 31, 1964, that
chapter must comply with drug and al- have a passenger seat configuration of
cohol requirements in §§ 121.455, 121.457, 10–19 seats;
121.458 and 121.459, and with the provi- (ii) Transport category turbo-
sions of part 136, subpart A of this propeller powered airplanes that have a
chapter by September 11, 2007. An oper- passenger seat configuration of 20–30
ator who does not hold an air carrier seats; or
certificate or an operating certificate (iii) Turbojet engine powered air-
is permitted to use a person who is oth- planes having a passenger seat configu-
erwise authorized to perform aircraft ration of 1–30 seats.
maintenance or preventive mainte- (2) Each person who, after January
nance duties and who is not subject to 19, 1996, applies for or obtains an initial
anti-drug and alcohol misuse preven- air carrier or operating certificate and
tion programs to perform— operations specifications to conduct
(1) Aircraft maintenance or preven- scheduled passenger-carrying oper-
tive maintenance on the operator’s air- ations in the kinds of airplanes de-
craft if the operator would otherwise scribed in paragraphs (a)(1)(i), (a)(1)(ii),
be required to transport the aircraft or paragraph (a)(1)(iii) of this section.
(b) Obtaining operations specifications.
more than 50 nautical miles further
A certificate holder described in para-
than the repair point closest to the op-
graph (a)(1) of this section may not,
erator’s principal base of operations to after March 20, 1997, operate an air-
obtain these services; or plane described in paragraphs (a)(1)(i),
(2) Emergency repairs on the opera- (a)(1)(ii), or (a)(1)(iii) of this section in
tor’s aircraft if the aircraft cannot be scheduled passenger-carrying oper-
safely operated to a location where an ations, unless it obtains operations
employee subject to FAA-approved pro- specifications to conduct its scheduled
grams can perform the repairs. operations under this part on or before
(e) Each person who is on board an March 20, 1997.
aircraft being operated under this part. (c) Regular or accelerated compliance.
(f) Each person who is an applicant Except as provided in paragraphs (d),
for an Air Carrier Certificate or an Op- (e), and (i) of this section, each certifi-
erating Certificate under part 119 of cate holder described in paragraphs
this chapter, when conducting proving (a)(1) of this section shall comply with
tests. each applicable requirement of this
(g) This part also establishes require- part on and after March 20, 1997 or on
ments for operators to take actions to and after the date on which the certifi-
cate holder is issued operations speci-
support the continued airworthiness of
fications under this part, whichever oc-
each airplane.
curs first. Except as provided in para-
[Doc. No. 28154, 60 FR 65925, Dec. 20, 1995, as graphs (d) and (e) of this section, each
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amended by Amdt. 121–328, 72 FR 6912, Feb. person described in paragraph (a)(2) of


13, 2007; Amdt. 121–336, 72 FR 63411, Nov. 8, this section shall comply with each ap-
2007] plicable requirement of this part on

69

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§ 121.2 14 CFR Ch. I (1–1–16 Edition)

and after the date on which that person this section unless that airplane meets
is issued a certificate and operations the applicable requirement listed in
specifications under this part. paragraph (d)(2) of this section:
(d) Delayed compliance dates. Unless (i) December 20, 1997:
paragraph (e) of this section specifies (A) Section 121.308, Lavatory fire pro-
an earlier compliance date, no certifi- tection.
cate holder that is covered by para- (B) Section 121.337(b) (8) and (9), Pro-
graph (a) of this section may operate tective breathing equipment.
an airplane in 14 CFR part 121 oper- (C) Section 121.340, Emergency flota-
ations on or after a date listed in this tion means.
paragraph (d) unless that airplane (ii) December 20, 2010: § 121.305(j),
meets the applicable requirement of third attitude indicator.
this paragraph (d): (e) Newly manufactured airplanes. No
(1) Nontransport category turbo- certificate holder that is described in
propeller powered airplanes type certifi- paragraph (a) of this section may oper-
cated after December 31, 1964, that have a ate under this part an airplane manu-
passenger seat configuration of 10–19 factured on or after a date listed in
seats. No certificate holder may oper- this paragraph unless that airplane
ate under this part an airplane that is meets the applicable requirement list-
described in paragraph (a)(1)(i) of this ed in this paragraph (e).
section on or after a date listed in (1) For nontransport category turbo-
paragraph (d)(1) of this section unless propeller powered airplanes type cer-
that airplane meets the applicable re- tificated after December 31, 1964, that
quirement listed in paragraph (d)(1) of have a passenger seat configuration of
this section: 10–19 seats:
(i) December 20, 1997: (i) Manufactured on or after March
(A) Section 121.289, Landing gear 20, 1997:
aural warning. (A) Section 121.305(j), Third attitude
(B) Section 121.308, Lavatory fire pro- indicator.
tection. (B) Section 121.311(f), Safety belts
(C) Section 121.310(e), Emergency exit and shoulder harnesses.
handle illumination. (ii) Manufactured on or after Decem-
(D) Section 121.337(b)(8), Protective ber 20, 1997; Section 121.317(a), Fasten
breathing equipment. seat belt light.
(E) Section 121.340, Emergency flota- (iii) Manufactured on or after Decem-
tion means. ber 20, 1999: Section 121.293, Takeoff
(ii) December 20, 1999: Section 121.342, warning system.
Pitot heat indication system. (iv) Manufactured on or after March
(iii) December 20, 2010: 12, 1999: Section 121.310(b)(1), Interior
(A) For airplanes described in emergency exit locating sign.
§ 121.157(f), the Airplane Performance (2) For transport category turbo-
Operating Limitations in §§ 121.189 propeller powered airplanes that have a
through 121.197. passenger seat configuration of 20–30
(B) Section 121.161(b), Ditching ap- seats manufactured on or after March
proval. 20, 1997: Section 121.305(j), Third atti-
(C) Section 121.305(j), Third attitude tude indicator.
indicator. (f) New type certification requirements.
(D) Section 121.312(c), Passenger seat No person may operate an airplane for
cushion flammability. which the application for a type cer-
(iv) March 12, 1999: Section tificate was filed after March 29, 1995,
121.310(b)(1), Interior emergency exit in 14 CFR part 121 operations unless
locating sign. that airplane is type certificated under
(2) Transport category turbopropeller part 25 of this chapter.
powered airplanes that have a passenger (g) Transition plan. Before March 19,
seat configuration of 20–30 seats. No cer- 1996 each certificate holder described in
tificate holder may operate under this paragraph (a)(1) of this section must
lpowell on DSK54DXVN1OFR with $$_JOB

part an airplane that is described in submit to the FAA a transition plan


paragraph (a)(1)(ii) of this section on or (containing a calendar of events) for
after a date listed in paragraph (d)(2) of moving from conducting its scheduled

70

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Federal Aviation Administration, DOT § 121.7

operations under the commuter re- § 121.7 Definitions.


quirements of part 135 of this chapter The following definitions apply to
to the requirements for domestic or those sections of part 121 that apply to
flag operations under this part. Each ETOPS:
transition plan must contain details on Adequate Airport means an airport
the following: that an airplane operator may list with
(1) Plans for obtaining new oper- approval from the FAA because that
ations specifications authorizing do- airport meets the landing limitations
mestic or flag operations; of § 121.197 and is either—
(2) Plans for being in compliance (1) An airport that meets the require-
with the applicable requirements of ments of part 139, subpart D of this
this part on or before March 20, 1997; chapter, excluding those that apply to
and aircraft rescue and firefighting service,
(3) Plans for complying with the com- or
pliance date schedules contained in (2) A military airport that is active
paragraphs (d) and (e) of this section. and operational.
(h) Continuing requirements. A certifi- ETOPS Alternate Airport means an
cate holder described in paragraph (a) adequate airport listed in the certifi-
of this section shall comply with the cate holder’s operations specifications
applicable airplane operating and that is designated in a dispatch or
equipment requirements of part 135 of flight release for use in the event of a
this chapter for the airplanes described diversion during ETOPS. This defini-
in paragraph (a)(1) of this section, until tion applies to flight planning and does
the airplane meets the specific compli- not in any way limit the authority of
ance dates in paragraphs (d) and (e) of the pilot-in-command during flight.
this section. ETOPS Area of Operation means one
(i) Any training or qualification ob- of the following areas:
tained by a crewmember under part 135 (1) For turbine-engine-powered air-
of this chapter before March 20, 1997, is planes with two engines, an area be-
entitled to credit under this part for yond 60 minutes from an adequate air-
the purpose of meeting the require- port, computed using a one-engine-in-
ments of this part, as determined by operative cruise speed under standard
the Administrator. Records kept by a conditions in still air.
certificate holder under part 135 of this (2) For turbine-engine-powered pas-
chapter before March 20, 1997, can be senger-carrying airplanes with more
annotated, with the approval of the Ad- than two engines, an area beyond 180
ministrator, to reflect crewmember minutes from an adequate airport,
training and qualification credited to- computed using a one-engine-inoper-
ward part 121 requirements. ative cruise speed under standard con-
ditions in still air.
[Doc. No. 28154, 60 FR 65925, Dec. 20, 1995, as ETOPS Entry Point means the first
amended by Amdt. 121–253, 61 FR 2609, Jan. point on the route of an ETOPS flight,
26, 1996; Amdt. 121–256, 61 FR 30434, June 14, determined using a one-engine-inoper-
1996; Amdt. 121–262, 62 FR 13256, Mar. 19, 1997;
ative cruise speed under standard con-
Amdt. 121–344, 74 FR 34234, July 15, 2009]
ditions in still air, that is—
§ 121.4 Applicability of rules to unau- (1) More than 60 minutes from an
thorized operators. adequate airport for airplanes with two
engines;
The rules in this part which refer to (2) More than 180 minutes from an
a person certificated under part 119 of adequate airport for passenger-car-
this chapter apply also to any person rying airplanes with more than two en-
who engages in an operation governed gines.
by this part without the appropriate ETOPS Qualified Person means a per-
certificate and operations specifica- son, performing maintenance for the
tions required by part 119 of this chap- certificate holder, who has satisfac-
ter. torily completed the certificate hold-
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[Doc. No. 11675, 37 FR 20937, Oct. 5, 1972, as er’s ETOPS training program.
amended by Amdt. 121–251, 60 FR 65926, Dec. Maximum Diversion Time means, for
20, 1995] the purposes of ETOPS route planning,

71

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§ 121.9 14 CFR Ch. I (1–1–16 Edition)

the longest diversion time authorized § 121.11 Rules applicable to operations


for a flight under the operator’s in a foreign country.
ETOPS authority. It is calculated Each certificate holder shall, while
under standard conditions in still air operating an airplane within a foreign
at a one-engine-inoperative cruise country, comply with the air traffic
speed. rules of the country concerned and the
North Pacific Area of Operation means local airport rules, except where any
Pacific Ocean areas north of 40° N lati- rule of this part is more restrictive and
tudes including NOPAC ATS routes, may be followed without violating the
and published PACOTS tracks between rules of that country.
Japan and North America.
North Polar Area means the entire [Doc. No. 16383, 43 FR 22641, May 25, 1978]
area north of 78° N latitude.
§ 121.15 Carriage of narcotic drugs,
One-engine-inoperative-Cruise Speed marihuana, and depressant or stim-
means a speed within the certified op- ulant drugs or substances.
erating limits of the airplane that is
specified by the certificate holder and If a certificate holder operating
approved by the FAA for — under this part permits any aircraft
(1) Calculating required fuel reserves owned or leased by that holder to be
needed to account for an inoperative engaged in any operation that the cer-
engine; or tificate holder knows to be in violation
(2) Determining whether an ETOPS of § 91.19(a) of this chapter, that oper-
alternate is within the maximum di- ation is a basis for suspending or re-
version time authorized for an ETOPS voking the certificate.
flight. [Doc. No. 28154, 60 FR 65926, Dec. 20, 1995]
South Polar Area means the entire
area South of 60° S latitude. Subpart B—Certification Rules for
[Doc. No. FAA–2002–6717, 72 FR 1878, Jan. 16, Domestic and Flag Air Car-
2007] riers [Reserved]
§ 121.9 Fraud and falsification.
Subpart C—Certification Rules for
(a) No person may make, or cause to
be made, any of the following:
Supplemental Air Carriers and
(1) A fraudulent or intentionally false Commercial Operators [Re-
statement in any application or any served]
amendment thereto, or in any other
record or test result required by this Subpart D—Rules Governing All
part. Certificate Holders Under This
(2) A fraudulent or intentionally false Part [Reserved]
statement in, or a known omission
from, any record or report that is kept, Subpart E—Approval of Routes:
made, or used to show compliance with
this part, or to exercise any privileges
Domestic and Flag Operations
under this chapter.
(b) The commission by any person of SOURCE: Docket No. 6258, 29 FR 19194, Dec.
any act prohibited under paragraph (a) 31, 1964, unless otherwise noted.
of this section is a basis for any one or § 121.91 Applicability.
any combination of the following:
(1) A civil penalty. This subpart prescribes rules for ob-
(2) Suspension or revocation of any taining approval of routes by certifi-
certificate held by that person that cate holders conducting domestic or
was issued under this chapter. flag operations.
(3) The denial of an application for [Doc. No. 28154, 61 FR 2610, Jan. 26, 1996]
any approval under this part.
(4) The removal of any approval § 121.93 Route requirements: General.
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under this part. (a) Each certificate holder con-


[Doc. No. FAA–2008–0677, 78 FR 67836, Nov. 12, ducting domestic or flag operations
2013] seeking a route approval must show—

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Federal Aviation Administration, DOT § 121.97

(1) That it is able to conduct satisfac- for approval has enough airports that
torily scheduled operations between are properly equipped and adequate for
each regular, provisional, and refueling the proposed operation, considering
airport over that route or route seg- such items as size, surface, obstruc-
ment; and tions, facilities, public protection,
(2) That the facilities and services re- lighting, navigational and communica-
quired by §§ 121.97 through 121.107 are tions aids, and ATC.
available and adequate for the proposed (b) Each certificate holder con-
operation. ducting domestic or flag operations
The Administrator approves a route must show that it has an approved sys-
outside of controlled airspace if he de- tem for obtaining, maintaining, and
termines that traffic density is such distributing to appropriate personnel
that an adequate level of safety can be current aeronautical data for each air-
assured. port it uses to ensure a safe operation
(b) Paragraph (a) of this section does at that airport. The aeronautical data
not require actual flight over a route must include the following:
or route segment if the certificate (1) Airports.
holder shows that the flight is not es-
(i) Facilities.
sential to safety, considering the avail-
ability and adequacy of airports, light- (ii) Public protection. After February
ing, maintenance, communication, 15, 2008, for ETOPS beyond 180 minutes
navigation, fueling, ground, and air- or operations in the North Polar area
plane radio facilities, and the ability of and South Polar area, this includes fa-
the personnel to be used in the pro- cilities at each airport or in the imme-
posed operation. diate area sufficient to protect the pas-
sengers from the elements and to see to
[Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as
their welfare.
amended by Amdt. 121–3, 30 FR 3638, Mar. 19,
1965; Amdt. 121–253, 61 FR 2610, Jan. 26, 1996] (iii) Navigational and communica-
tions aids.
§ 121.95 Route width. (iv) Construction affecting takeoff,
(a) Approved routes and route seg- landing, or ground operations.
ments over U.S. Federal airways or for- (v) Air traffic facilities.
eign airways (and advisory routes in (2) Runways, clearways and
the case of certificate holders con- stopways.
ducting flag operations) have a width (i) Dimensions.
equal to the designated width of those (ii) Surface.
airways or routes. Whenever the Ad- (iii) Marking and lighting systems.
ministrator finds it necessary to deter- (iv) Elevation and gradient.
mine the width of other approved
(3) Displaced thresholds.
routes, he considers the following:
(1) Terrain clearance. (i) Location.
(2) Minimum en route altitudes. (ii) Dimensions.
(3) Ground and airborne navigation (iii) Takeoff or landing or both.
aids. (4) Obstacles.
(4) Air traffic density. (i) Those affecting takeoff and land-
(5) ATC procedures. ing performance computations in ac-
(b) Any route widths of other ap- cordance with Subpart I of this part.
proved routes determined by the Ad- (ii) Controlling obstacles.
ministrator are specified in the certifi- (5) Instrument flight procedures.
cate holder’s operations specifications. (i) Departure procedure.
[Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as (ii) Approach procedure.
amended by Amdt. 121–253, 61 FR 2610, Jan. (iii) Missed approach procedure.
26, 1996]
(6) Special information.
§ 121.97 Airports: Required data. (i) Runway visual range measure-
ment equipment.
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(a) Each certificate holder con-


(ii) Prevailing winds under low visi-
ducting domestic or flag operations
bility conditions.
must show that each route it submits

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§ 121.99 14 CFR Ch. I (1–1–16 Edition)

(c) If the certificate-holding district where voice communication facilities


office charged with the overall inspec- are available. In determining whether
tion of the certificate holder’s oper- facilities are available, the certificate
ations finds that revisions are nec- holder must consider potential routes
essary for the continued adequacy of and altitudes needed for diversion to
the certificate holder’s system for col- ETOPS Alternate Airports. Where fa-
lection, dissemination, and usage of cilities are not available or are of such
aeronautical data that has been grant- poor quality that voice communication
ed approval, the certificate holder is not possible, another communication
shall, after notification by the certifi- system must be substituted.
cate-holding district office, make those (d) Except as provided in paragraph
revisions in the system. Within 30 days (e) of this section, after February 15,
after the certificate holder receives 2008 for ETOPS beyond 180 minutes,
such notice, the certificate holder may each certificate holder conducting flag
file a petition to reconsider the notice operations must have a second commu-
with the Director, Flight Standards nication system in addition to that re-
Service. This filing of a petition to re- quired by paragraph (c) of this section.
consider stays the notice pending a de- That system must be able to provide
cision by the Director, Flight Stand- immediate satellite-based voice com-
ards Service. However, if the certifi- munications of landline-telephone fi-
cate-holding district office finds that delity. The system must be able to
there is an emergency that requires communicate between the flight crew
immediate action in the interest of and air traffic services, and the flight
safety in air transportation, the Direc- crew and the certificate holder. In de-
tor, Flight Standards Service may, termining whether such communica-
upon statement of the reasons, require tions are available, the certificate
a change effective without stay. holder must consider potential routes
[Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as and altitudes needed for diversion to
amended by Amdt. 121–162, 45 FR 46738, July ETOPS Alternate Airports. Where im-
10, 1980; Amdt. 121–207, 54 FR 39293, Sept. 25, mediate, satellite-based voice commu-
1989; Amdt. 121–253, 61 FR 2610, Jan. 26, 1996; nications are not available, or are of
Amdt. 121–329, 72 FR 1878, Jan. 16, 2007] such poor quality that voice commu-
nication is not possible, another com-
§ 121.99 Communications facilities—
domestic and flag operations. munication system must be sub-
stituted.
(a) Each certificate holder con- (e) Operators of two-engine turbine-
ducting domestic or flag operations powered airplanes with 207 minute
must show that a two-way communica- ETOPS approval in the North Pacific
tion system, or other means of commu- Area of Operation must comply with
nication approved by the FAA certifi- the requirements of paragraph (d) of
cate holding district office, is available this section as of February 15, 2007.
over the entire route. The communica-
tions may be direct links or via an ap- [Doc. No. 28154, 62 FR 13256, Mar. 19, 1997, as
proved communication link that will amended by Amdt. 121–329, 72 FR 1878, Jan.
provide reliable and rapid communica- 16, 2007; Amdt. 121–333, 72 FR 31680, June 7,
tions under normal operating condi- 2007]
tions between each airplane and the ap-
§ 121.101 Weather reporting facilities.
propriate dispatch office, and between
each airplane and the appropriate air (a) Each certificate holder con-
traffic control unit. ducting domestic or flag operations
(b) Except in an emergency, for all must show that enough weather report-
flag and domestic kinds of operations, ing services are available along each
the communications systems between route to ensure weather reports and
each airplane and the dispatch office forecasts necessary for the operation.
must be independent of any system op- (b) Except as provided in paragraph
erated by the United States. (d) of this section, no certificate holder
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(c) Each certificate holder con- conducting domestic or flag operations


ducting flag operations must provide may use any weather report to control
voice communications for ETOPS flight unless—

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Federal Aviation Administration, DOT § 121.106

(1) For operations within the 48 con- reliably lighted landmarks adequate
tiguous States and the District of Co- for safe operation; and
lumbia, it was prepared by the U.S. Na- (3) Other operations approved by the
tional Weather Service or a source ap- certificate holding district office.
proved by the U.S. National Weather
[Doc. No. FAA–2002–14002, 72 FR 31681, June 7,
Service; or 2007]
(2) For operations conducted outside
the 48 contiguous States and the Dis- § 121.105 Servicing and maintenance
trict of Columbia, it was prepared by a facilities.
source approved by the Administrator.
Each certificate holder conducting
(c) Each certificate holder con-
domestic or flag operations must show
ducting domestic or flag operations
that competent personnel and adequate
that uses forecasts to control flight
facilities and equipment (including
movements shall use forecasts prepared
spare parts, supplies, and materials)
from weather reports specified in para-
are available at such points along the
graph (b) of this section and from any
certificate holder’s route as are nec-
source approved under its system
essary for the proper servicing, mainte-
adopted pursuant to paragraph (d) of
nance, and preventive maintenance of
this section.
airplanes and auxiliary equipment.
(d) Each certificate holder con-
ducting domestic or flag operations [Doc. No. 28154, 61 FR 2610, Jan. 26, 1996]
shall adopt and put into use an ap-
proved system for obtaining forecasts § 121.106 ETOPS Alternate Airport:
and reports of adverse weather phe- Rescue and fire fighting service.
nomena, such as clear air turbulence, (a) Except as provided in paragraph
thunderstorms, and low altitude wind (b) of this section, the following rescue
shear, that may affect safety of flight and fire fighting service (RFFS) must
on each route to be flown and at each be available at each airport listed as an
airport to be used. ETOPS Alternate Airport in a dispatch
or flight release.
[Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as
amended by Amdt. 121–27, 36 FR 13911, July (1) For ETOPS up to 180 minutes,
28, 1971; Amdt. 121–134, 42 FR 27573, May 31, each designated ETOPS Alternate Air-
1977; Amdt. 121–253, 61 FR 2610, Jan. 26, 1996] port must have RFFS equivalent to
that specified by ICAO as Category 4,
§ 121.103 En route navigation facili- or higher.
ties. (2) For ETOPS beyond 180 minutes,
(a) Except as provided in paragraph each designated ETOPS Alternate Air-
(b) of this section, each certificate port must have RFFS equivalent to
holder conducting domestic or flag op- that specified by ICAO Category 4, or
erations must show, for each proposed higher. In addition, the aircraft must
route (including to any regular, provi- remain within the ETOPS authorized
sional, refueling or alternate airports), diversion time from an Adequate Air-
that suitable navigation aids are avail- port that has RFFS equivalent to that
able to navigate the airplane along the specified by ICAO Category 7, or high-
route within the degree of accuracy re- er.
quired for ATC. Navigation aids re- (b) If the equipment and personnel re-
quired for approval of routes outside of quired in paragraph (a) of this section
controlled airspace are listed in the are not immediately available at an
certificate holder’s operations speci- airport, the certificate holder may still
fications except for those aids required list the airport on the dispatch or
for routes to alternate airports. flight release if the airport’s RFFS can
(b) Navigation aids are not required be augmented to meet paragraph (a) of
for any of the following operations— this section from local fire fighting as-
(1) Day VFR operations that the cer- sets. A 30-minute response time for
tificate holder shows can be conducted augmentation is adequate if the local
safely by pilotage because of the char- assets can be notified while the divert-
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acteristics of the terrain; ing airplane is en route. The aug-


(2) Night VFR operations on routes menting equipment and personnel must
that the certificate holder shows have be available on arrival of the diverting

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§ 121.107 14 CFR Ch. I (1–1–16 Edition)

airplane and must remain as long as airspace if the certificate holder con-
the diverting airplane needs RFFS. ducting supplemental operations shows
the route is safe for operations and the
[Doc. No. FAA–2002–6717, 72 FR 1879, Jan. 16,
2007] Administrator finds that traffic den-
sity is such that an adequate level of
§ 121.107 Dispatch centers. safety can be assured. The certificate
holder may not use such a route unless
Each certificate holder conducting
it is approved by the Administrator
domestic or flag operations must show
and is listed in the certificate holder’s
that it has enough dispatch centers,
operations specifications.
adequate for the operations to be con-
ducted, that are located at points nec- [Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as
essary to ensure proper operational amended by Amdt. 121–253, 61 FR 2610, Jan.
control of each flight. 26, 1996]

[Doc. No. 28154, 61 FR 2610, Jan. 26, 1996] § 121.115 Route width.
(a) Routes and route segments over
Subpart F—Approval of Areas and Federal airways, foreign airways, or
Routes for Supplemental Op- advisory routes have a width equal to
erations the designated width of those airways
or advisory routes. Whenever the Ad-
SOURCE: Docket No. 6258, 29 FR 19195, Dec. ministrator finds it necessary to deter-
31, 1964, unless otherwise noted. mine the width of other routes, he con-
siders the following:
§ 121.111 Applicability. (1) Terrain clearance.
This subpart prescribes rules for ob- (2) Minimum en route altitudes.
taining approval of areas and routes by (3) Ground and airborne navigation
certificate holders conducting supple- aids.
mental operations. (4) Air traffic density.
(5) ATC procedures.
[Doc. No. 28154, 61 FR 2610, Jan. 26, 1996]
(b) Any route widths of other routes
§ 121.113 Area and route requirements: determined by the Administrator are
General. specified in the certificate holder’s op-
erations specifications.
(a) Each certificate holder con-
ducting supplemental operations seek- [Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as
ing route and area approval must amended by Amdt. 121–253, 61 FR 2610, Jan.
show— 26, 1996]
(1) That it is able to conduct oper-
ations within the United States in ac- § 121.117 Airports: Required data.
cordance with paragraphs (a) (3) and (4) (a) No certificate holder conducting
of this section; supplemental operations may use any
(2) That it is able to conduct oper- airport unless it is properly equipped
ations in accordance with the applica- and adequate for the proposed oper-
ble requirements for each area outside ation, considering such items as size,
the United States for which authoriza- surface, obstructions, facilities, public
tion is requested; protection, lighting, navigational and
(3) That it is equipped and able to communications aids, and ATC.
conduct operations over, and use the (b) Each certificate holder con-
navigational facilities associated with, ducting supplemental operations must
the Federal airways, foreign airways, show that it has an approved system
or advisory routes (ADR’s) to be used; for obtaining, maintaining, and distrib-
and uting to appropriate personnel current
(4) That it will conduct all IFR and aeronautical data for each airport it
night VFR operations over Federal air- uses to ensure a safe operation at that
ways, foreign airways, controlled air- airport. The aeronautical data must in-
space, or advisory routes (ADR’s). clude the following:
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(b) Notwithstanding paragraph (a)(4) (1) Airports.


of this section, the Administrator may (i) Facilities.
approve a route outside of controlled (ii) Public protection.

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Federal Aviation Administration, DOT § 121.121

(iii) Navigational and communica- upon a statement of the reasons, re-


tions aids. quire a change effective without stay.
(iv) Construction affecting takeoff, [Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as
landing, or ground operations. amended by Amdt. 121–162, 45 FR 46738, July
(v) Air traffic facilities. 10, 1980; Amdt. 121–207, 54 FR 39293, Sept. 25,
(2) Runways, clearways, and 1989; Amdt. 121–253, 61 FR 2610, Jan. 26, 1996]
stopways. § 121.119 Weather reporting facilities.
(i) Dimensions.
(a) No certificate holder conducting
(ii) Surface.
supplemental operations may use any
(iii) Marking and lighting systems. weather report to control flight unless
(iv) Elevation and gradient. it was prepared and released by the
(3) Displaced thresholds. U.S. National Weather Service or a
(i) Location. source approved by the Weather Bu-
(ii) Dimensions. reau. For operations outside the U.S.,
(iii) Takeoff or landing or both. or at U.S. Military airports, where
(4) Obstacles. those reports are not available, the cer-
(i) Those affecting takeoff and land- tificate holder must show that its
ing performance computations in ac- weather reports are prepared by a
cordance with Subpart I of this part. source found satisfactory by the Ad-
(ii) Controlling obstacles. ministrator.
(b) Each certificate holder con-
(5) Instrument flight procedures.
ducting supplemental operations that
(i) Departure procedure. uses forecasts to control flight move-
(ii) Approach procedure. ments shall use forecasts prepared
(iii) Missed approach procedure. from weather reports specified in para-
(6) Special information. graph (a) of this section.
(i) Runway visual range measure- [Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as
ment equipment. amended by Amdt. 121–76, 36 FR 13911, July
(ii) Prevailing winds under low visi- 28, 1971; Amdt. 121–253, 61 FR 2611, Jan. 26,
bility conditions. 1996]
(c) If the certificate-holding district
§ 121.121 En route navigation facili-
office charged with the overall inspec- ties.
tion of the certificate holder’s oper-
ations finds that revisions are nec- (a) Except as provided in paragraph
essary for the continued adequacy of (b) of this section, no certificate holder
the certificate holder’s system for col- conducting supplemental operations
may conduct any operation over a
lection, dissemination, and usage of
route (including to any destination, re-
aeronautical data that has been grant-
fueling or alternate airports) unless
ed approval, the certificate holder
suitable navigation aids are available
shall, after notification by the certifi- to navigate the airplane along the
cate-holding district office, make those route within the degree of accuracy re-
revisions in the system. Within 30 days quired for ATC. Navigation aids re-
after the certificate holder receives quired for routes outside of controlled
such notice, the certificate holder may airspace are listed in the certificate
file a petition to reconsider the notice holder’s operations specifications ex-
with the Director, Flight Standards cept for those aids required for routes
Service. This filing of a petition to re- to alternate airports.
consider stays the notice pending a de- (b) Navigation aids are not required
cision by the Director, Flight Stand- for any of the following operations—
ards Service. However, if the certifi- (1) Day VFR operations that the cer-
cate-holding district office finds that tificate holder shows can be conducted
there is an emergency that requires safely by pilotage because of the char-
immediate action in the interest of acteristics of the terrain;
safety in air transportation, the Direc- (2) Night VFR operations on routes
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tor, Flight Standards Service may, that the certificate holder shows have
reliably lighted landmarks adequate
for safe operation; and

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§ 121.122 14 CFR Ch. I (1–1–16 Edition)

(3) Other operations approved by the titudes needed for diversion to ETOPS
certificate holding district office. Alternate Airports. Where immediate,
[Doc. No. FAA–2002–14002, 72 FR 31681, June 7,
satellite-based voice communications
2007] are not available, or are of such poor
quality that voice communication is
§ 121.122 Communications facilities— not possible, another communication
supplemental operations. system must be substituted.
(a) Each certificate holder con- (d) Operators of turbine engine pow-
ducting supplemental operations other ered airplanes do not need to meet the
than all-cargo operations in an air- requirements of paragraphs (b) and (c)
plane with more than two engines must of this section until February 15, 2008.
show that a two-way radio communica- [Doc. No. FAA–2002–6717, 72 FR 1879, Jan. 16,
tion system or other means of commu- 2007]
nication approved by the FAA is avail-
able. It must ensure reliable and rapid § 121.123 Servicing maintenance facili-
communications under normal oper- ties.
ating conditions over the entire route Each certificate holder conducting
(either direct or via approved point-to- supplemental operations must show
point circuits) between each airplane that competent personnel and adequate
and the certificate holder, and between facilities and equipment (including
each airplane and the appropriate air spare parts, supplies, and materials)
traffic services, except as specified in are available for the proper servicing,
§ 121.351(c). maintenance, and preventive mainte-
(b) Except as provided in paragraph nance of aircraft and auxiliary equip-
(d) of this section, each certificate ment.
holder conducting supplemental oper-
ations other than all-cargo operations [Doc. No. 28154, 61 FR 2611, Jan. 26, 1996]
in an airplane with more than two en-
gines must provide voice communica- § 121.125 Flight following system.
tions for ETOPS where voice commu- (a) Each certificate holder con-
nication facilities are available. In de- ducting supplemental operations must
termining whether facilities are avail- show that it has—
able, the certificate holder must con- (1) An approved flight following sys-
sider potential routes and altitudes tem established in accordance with
needed for diversion to ETOPS Alter- subpart U of this part and adequate for
nate Airports. Where facilities are not the proper monitoring of each flight,
available or are of such poor quality considering the operations to be con-
that voice communication is not pos- ducted; and
sible, another communication system (2) Flight following centers located
must be substituted. at those points necessary—
(c) Except as provided in paragraph (i) To ensure the proper monitoring
(d) of this section, for ETOPS beyond of the progress of each flight with re-
180 minutes each certificate holder spect to its departure at the point of
conducting supplemental operations origin and arrival at its destination,
other than all-cargo operations in an including intermediate stops and diver-
airplane with more than two engines sions therefrom, and maintenance or
must have a second communication mechanical delays encountered at
system in addition to that required by those points or stops; and
paragraph (b) of this section. That sys- (ii) To ensure that the pilot in com-
tem must be able to provide immediate mand is provided with all information
satellite-based voice communications necessary for the safety of the flight.
of landline telephone-fidelity. The sys- (b) A certificate holder conducting
tem must provide communication ca- supplemental operations may arrange
pabilities between the flight crew and to have flight following facilities pro-
air traffic services and the flight crew vided by persons other than its employ-
and the certificate holder. In deter- ees, but in such a case the certificate
lpowell on DSK54DXVN1OFR with $$_JOB

mining whether such communications holder continues to be primarily re-


are available, the certificate holder sponsible for operational control of
must consider potential routes and al- each flight.

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Federal Aviation Administration, DOT § 121.135

(c) A flight following system need not § 121.133 Preparation.


provide for in-flight monitoring by a
(a) Each certificate holder shall pre-
flight following center.
pare and keep current a manual for the
(d) The certificate holder’s oper- use and guidance of flight, ground oper-
ations specifications specify the flight ations, and management personnel in
following system it is authorized to use conducting its operations.
and the location of the centers. (b) For the purpose of this subpart,
[Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as the certificate holder may prepare that
amended by Amdt. 121–253, 61 FR 2611, Jan. part of the manual containing mainte-
26, 1996] nance information and instructions, in
whole or in part, in printed form or
§ 121.127 Flight following system; re- other form acceptable to the Adminis-
quirements. trator.
(a) Each certificate holder con- [Doc. No. 28154, 60 FR 65926, Dec. 20, 1995]
ducting supplemental operations using
a flight following system must show § 121.135 Manual contents.
that—
(a) Each manual required by § 121.133
(1) The system has adequate facilities must—
and personnel to provide the informa-
(1) Include instructions and informa-
tion necessary for the initiation and
tion necessary to allow the personnel
safe conduct of each flight to—
concerned to perform their duties and
(i) The flight crew of each aircraft; responsibilities with a high degree of
and safety;
(ii) The persons designated by the (2) Be in a form that is easy to revise;
certificate holder to perform the func- (3) Have the date of last revision on
tion of operational control of the air- each page concerned; and
craft; and (4) Not be contrary to any applicable
(2) The system has a means of com- Federal regulation and, in the case of a
munication by private or available flag or supplemental operation, any ap-
public facilities (such as telephone, plicable foreign regulation, or the cer-
telegraph, or radio) to monitor the tificate holder’s operations specifica-
progress of each flight with respect to tions or operating certificate.
its departure at the point of origin and (b) The manual may be in two or
arrival at its destination, including in- more separate parts, containing to-
termediate stops and diversions there- gether all of the following information,
from, and maintenance or mechanical but each part must contain that part of
delays encountered at those points or the information that is appropriate for
stops. each group of personnel:
(b) The certificate holder conducting (1) General policies.
supplemental operations must show (2) Duties and responsibilities of each
that the personnel specified in para- crewmember, appropriate members of
graph (a) of this section, and those it the ground organization, and manage-
designates to perform the function of ment personnel.
operational control of the aircraft, are (3) Reference to appropriate Federal
able to perform their required duties. Aviation Regulations.
[Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as (4) Flight dispatching and oper-
amended by Amdt. 121–253, 61 FR 2611, Jan. ational control, including procedures
26, 1996] for coordinated dispatch or flight con-
trol or flight following procedures, as
Subpart G—Manual Requirements applicable.
(5) En route flight, navigation, and
§ 121.131 Applicability. communication procedures, including
This subpart prescribes requirements procedures for the dispatch or release
or continuance of flight if any item of
for preparing and maintaining manuals
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equipment required for the particular


by all certificate holders.
type of operation becomes inoperative
[Doc. No. 6258, 29 FR 19196, Dec. 31, 1964] or unserviceable en route.

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§ 121.135 14 CFR Ch. I (1–1–16 Edition)

(6) For domestic or flag operations, overhauls, inspections, and checks of


appropriate information from the en airframes, engines, propellers, appli-
route operations specifications, includ- ances and emergency equipment.
ing for each approved route the types (19) Procedures for refueling aircraft,
of airplanes authorized, the type of op- eliminating fuel contamination, pro-
eration such as VFR, IFR, day, night, tection from fire (including electro-
etc., and any other pertinent informa- static protection), and supervising and
tion. protecting passengers during refueling.
(7) For supplemental operations, ap- (20) Airworthiness inspections, in-
propriate information from the oper- cluding instructions covering proce-
ations specifications, including the dures, standards, responsibilities, and
area of operations authorized, the authority of inspection personnel.
types of airplanes authorized, the type (21) Methods and procedures for
of operation such as VFR, IFR, day, maintaining the aircraft weight and
night, etc., and any other pertinent in- center of gravity within approved lim-
formation. its.
(8) Appropriate information from the (22) Where applicable, pilot and dis-
airport operations specifications, in- patcher route and airport qualification
cluding for each airport— procedures.
(i) Its location (domestic and flag op- (23) Accident notification procedures.
erations only); (24) After February 15, 2008, for pas-
(ii) Its designation (regular, alter- senger flag operations and for those
nate, provisional, etc.) (domestic and supplemental operations that are not
flag operations only); all-cargo operations outside the 48 con-
(iii) The types of airplanes authorized tiguous States and Alaska,
(domestic and flag operations only); (i) For ETOPS greater than 180 min-
(iv) Instrument approach procedures; utes a specific passenger recovery plan
(v) Landing and takeoff minimums; for each ETOPS Alternate Airport used
and in those operations, and
(vi) Any other pertinent information. (ii) For operations in the North Polar
(9) Takeoff, en route, and landing Area and South Polar Area a specific
weight limitations. passenger recovery plan for each diver-
(10) For ETOPS, airplane perform- sion airport used in those operations.
ance data to support all phases of these (25)(i) Procedures and information, as
operations. described in paragraph (b)(25)(ii) of this
(11) Procedures for familiarizing pas- section, to assist each crewmember and
sengers with the use of emergency person performing or directly super-
equipment, during flight. vising the following job functions in-
(12) Emergency equipment and proce- volving items for transport on an air-
dures. craft:
(13) The method of designating suc- (A) Acceptance;
cession of command of flight crew- (B) Rejection;
members. (C) Handling;
(14) Procedures for determining the (D) Storage incidental to transport;
usability of landing and takeoff areas, (E) Packaging of company material;
and for disseminating pertinent infor- or
mation thereon to operations per- (F) Loading.
sonnel. (ii) Ensure that the procedures and
(15) Procedures for operating in peri- information described in this para-
ods of ice, hail, thunderstorms, turbu- graph are sufficient to assist the per-
lence, or any potentially hazardous me- son in identifying packages that are
teorological condition. marked or labeled as containing haz-
(16) Each training program cur- ardous materials or that show signs of
riculum required by § 121.403. containing undeclared hazardous mate-
(17) Instructions and procedures for rials. The procedures and information
maintenance, preventive maintenance, must include:
lpowell on DSK54DXVN1OFR with $$_JOB

and servicing. (A) Procedures for rejecting packages


(18) Time limitations, or standards that do not conform to the Hazardous
for determining time limitations, for Materials Regulations in 49 CFR parts

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Federal Aviation Administration, DOT § 121.139

171 through 180 or that appear to con- (3) Representatives of the Adminis-
tain undeclared hazardous materials; trator assigned to it.
(B) Procedures for complying with (b) Each person to whom a manual or
the hazardous materials incident re- appropriate parts of it are furnished
porting requirements of 49 CFR 171.15 under paragraph (a) of this section
and 171.16 and discrepancy reporting re- shall keep it up-to-date with the
quirements of 49 CFR 175.31 changes and additions furnished to
(C) The certificate holder’s hazmat that person and shall have the manual
policies and whether the certificate or appropriate parts of it accessible
holder is authorized to carry, or is pro- when performing assigned duties.
hibited from carrying, hazardous mate- (c) For the purpose of complying with
rials; and paragraph (a) of this section, a certifi-
(D) If the certificate holder’s oper- cate holder may furnish the persons
ations specifications permit the trans- listed therein the maintenance part of
port of hazardous materials, procedures the manual in printed form or other
and information to ensure the fol- form, acceptable to the Administrator,
lowing: that is retrievable in the English lan-
(1) That packages containing haz- guage.
ardous materials are properly offered
and accepted in compliance with 49 [Doc. No. 6258, 29 FR 19196, Dec. 31, 1964, as
CFR parts 171 through 180; amended by Amdt. 121–71, 35 FR 17176, Nov. 7,
1970; Amdt. 121–162, 45 FR 46739, July 10, 1980;
(2) That packages containing haz- Amdt. 121–262, 62 FR 13256, Mar. 19, 1997]
ardous materials are properly handled,
stored, packaged, loaded, and carried § 121.139 Requirements for manual
on board an aircraft in compliance aboard aircraft: Supplemental oper-
with 49 CFR parts 171 through 180; ations.
(3) That the requirements for Notice
(a) Except is provided in paragraph
to the Pilot in Command (49 CFR
(b) of this section, each certificate
175.33) are complied with; and
holder conducting supplemental oper-
(4) That aircraft replacement parts,
ations shall carry appropriate parts of
consumable materials or other items
the manual on each airplane when
regulated by 49 CFR parts 171 through
away from the principal base of oper-
180 are properly handled, packaged, and
transported. ations. The appropriate parts must be
available for use by ground or flight
(26) Other information or instruc-
personnel. If the certificate holder car-
tions relating to safety.
ries aboard an airplane all or any por-
(c) Each certificate holder shall
tion of the maintenance part of its
maintain at least one complete copy of
the manual at its principal base of op- manual in other than printed form, it
erations. must carry a compatible reading device
that produces a legible image of the
[Doc. No. 6258, 29 FR 19196, Dec. 31, 1964, as maintenance information and instruc-
amended by Amdt. 121–104, 38 FR 14915, June tions or a system that is able to re-
7, 1973; Amdt. 121–106, 38 FR 22377, Aug. 20, trieve the maintenance information
1973; Amdt. 121–143, 43 FR 22641, May 25, 1978;
Amdt. 121–162, 45 FR 46739, July 10, 1980;
and instructions in the English lan-
Amdt. 121–251, 60 FR 65926, Dec. 20, 1995; guage.
Amdt. 121–250, 60 FR 65948, Dec. 20, 1995; (b) If a certificate holder conducting
Amdt. 121–316, 70 FR 58823, Oct. 7, 2005; Amdt. supplemental operations is able to per-
121–329, 72 FR 1879, Jan. 16, 2007] form all scheduled maintenance at
specified stations where it keeps main-
§ 121.137 Distribution and availability. tenance parts of the manual, it does
(a) Each certificate holder shall fur- not have to carry those parts of the
nish copies of the manual required by manual aboard the aircraft en route to
§ 121.133 (and the changes and additions those stations.
thereto) or appropriate parts of the
[Doc. No. 6258, 29 FR 19196, Dec. 31, 1964, as
manual to— amended by Amdt. 12–71, 35 FR 17176, Nov. 7,
lpowell on DSK54DXVN1OFR with $$_JOB

(1) Its appropriate ground operations 1970; Amdt. 121–253, 61 FR 2611, Jan. 26, 1996;
and maintenance personnel; Amdt. 121–262, 62 FR 13256, Mar. 19, 1997; 62
(2) Crewmembers; and FR 15570, Apr. 1, 1997]

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§ 121.141 14 CFR Ch. I (1–1–16 Edition)

§ 121.141 Airplane flight manual. estimated weight to comply with appli-


(a) Each certificate holder shall keep cable airworthiness requirements and
a current approved airplane flight man- operating limitations.
ual for each type of airplane that it op- (c) A certificate holder may operate
erates except for nontransport cat- in common carriage, and for the car-
egory airplanes certificated before Jan- riage of mail, a civil aircraft which is
uary 1, 1965. leased or chartered to it without crew
(b) In each airplane required to have and is registered in a country which is
an airplane flight manual in paragraph a party to the Convention on Inter-
(a) of this section, the certificate hold- national Civil Aviation if—
er shall carry either the manual re- (1) The aircraft carries an appro-
quired by § 121.133, if it contains the in- priate airworthiness certificate issued
formation required for the applicable by the country of registration and
flight manual and this information is meets the registration and identifica-
clearly identified as flight manual re- tion requirements of that country;
quirements, or an approved Airplane (2) The aircraft is of a type design
Manual. If the certificate holder elects which is approved under a U.S. type
to carry the manual required by certificate and complies with all of the
§ 121.133, the certificate holder may re- requirements of this chapter (14 CFR
vise the operating procedures sections Chapter 1) that would be applicable to
and modify the presentation of per- that aircraft were it registered in the
formance data from the applicable United States, including the require-
flight manual if the revised operating ments which must be met for issuance
procedures and modified performance of a U.S. standard airworthiness cer-
date presentation are— tificate (including type design con-
(1) Approved by the Administrator; formity, condition for safe operation,
and and the noise, fuel venting, and engine
(2) Clearly identified as airplane emission requirements of this chapter),
flight manual requirements. except that a U.S. registration certifi-
cate and a U.S. standard airworthiness
[Doc. No. 28154, 60 FR 65927, Dec. 20, 1995] certificate will not be issued for the
aircraft;
Subpart H—Aircraft Requirements (3) The aircraft is operated by U.S.-
certificated airmen employed by the
SOURCE: Docket No. 6258, 29 FR 19197, Dec. certificate holder; and
31, 1964, unless otherwise noted. (4) The certificate holder files a copy
of the aircraft lease or charter agree-
§ 121.151 Applicability. ment with the FAA Aircraft Registry,
This subpart prescribes aircraft re- Department of Transportation, 6400
quirements for all certificate holders. South MacArthur Boulevard, Okla-
homa City, OK (Mailing address: P.O.
§ 121.153 Aircraft requirements: Gen- Box 25504, Oklahoma City, OK 73125).
eral.
[Doc. No. 6258, 29 FR 19197, Dec. 31, 1964, as
(a) Except as provided in paragraph amended by Amdt. 121–165, 45 FR 68649, Oct.
(c) of this section, no certificate holder 16, 1980]
may operate an aircraft unless that
aircraft— § 121.155 [Reserved]
(1) Is registered as a civil aircraft of
the United States and carries an appro- § 121.157 Aircraft certification and
priate current airworthiness certificate equipment requirements.
issued under this chapter; and (a) Airplanes certificated before July 1,
(2) Is in an airworthy condition and 1942. No certificate holder may operate
meets the applicable airworthiness re- an airplane that was type certificated
quirements of this chapter, including before July 1, 1942, unless—
those relating to identification and (1) That airplane meets the require-
equipment. ments of § 121.173(c), or
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(b) A certificate holder may use an (2) That airplane and all other air-
approved weight and balance control planes of the same or related type oper-
system based on average, assumed, or ated by that certificate holder meet

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Federal Aviation Administration, DOT § 121.157

the performance requirements of sec- changes) compliance is extremely dif-


tions 4a.737–T through 4a.750–T of the ficult to accomplish and that service
Civil Air Regulations as in effect on experience with the C–46 airplane justi-
January 31, 1965; or §§ 25.45 through fies the deviation.
25.75 and § 121.173(a), (b), (d), and (e) of (d) C–46 type airplanes: cargo oper-
this title. ations. No certificate holder may use a
(b) Airplanes certificated after June 30, nontransport category C–46 type air-
1942. Except as provided in paragraphs plane in cargo operations unless—
(c), (d), (e), and (f) of this section, no (1) It is certificated at a maximum
certificate holder may operate an air- gross weight that is not greater than
plane that was type certificated after 48,000 pounds;
June 30, 1942, unless it is certificated as (2) It meets the requirements of
a transport category airplane and §§ 121.199 through 121.205 using the per-
meets the requirements of § 121.173(a), formance data in appendix C to this
(b), (d), and (e). part;
(c) C–46 type airplanes: passenger-car-
rying operations. No certificate holder (3) Before each flight, each engine
may operate a C–46 airplane in pas- contains at least 25 gallons of oil; and
senger-carrying operations unless that (4) After December 31, 1964—
airplane is operated in accordance with (i) It is powered by a type and model
the operating limitations for transport engine as set forth in appendix C of
category airplanes and meets the re- this part, when certificated at a max-
quirements of paragraph (b) of this sec- imum gross takeoff weight greater
tion or meets the requirements of part than 45,000 pounds; and
4b, as in effect July 20, 1950, and the re- (ii) It complies with the special air-
quirements of § 121.173 (a), (b), (d) and worthiness requirement set forth in
(e), except that— §§ 121.213 through 121.287 of this part or
(1) The requirements of sections 4b.0 in appendix C of this part.
through 4b.19 as in effect May 18, 1954, (e) Commuter category airplanes. Ex-
must be complied with; cept as provided in paragraph (f) of this
(2) The birdproof windshield require- section, no certificate holder may oper-
ments of section 4b.352 need not be ate under this part a nontransport cat-
complied with; egory airplane type certificated after
(3) The provisions of sections 4b.480 December 31, 1964, and before March 30,
through 4b.490 (except sections 1995, unless it meets the applicable re-
4b.484(a)(1) and 4b.487(e)), as in effect quirements of § 121.173 (a), (b), (d), and
May 16, 1953, must be complied with; (e), and was type certificated in the
and commuter category.
(4) The provisions of paragraph (f) Other nontransport category air-
4b.484(a)(1), as in effect July 20, 1950, planes. No certificate holder may oper-
must be complied with. ate under this part a nontransport cat-
In determining the takeoff path in ac- egory airplane type certificated after
cordance with section 4b.116 and the December 31, 1964, unless it meets the
one-engine inoperative climb in accord- applicable requirements of § 121.173 (a),
ance with section 4b.120 (a) and (b), the (b), (d), and (e), was manufactured be-
propeller of the inoperative engine may fore March 20, 1997, and meets one of
be assumed to be feathered if the air- the following:
plane is equipped with either an ap- (1) Until December 20, 2010:
proved means for automatically indi- (i) The airplane was type certificated
cating when the particular engine has in the normal category before July 1,
failed or an approved means for auto- 1970, and meets special conditions
matically feathering the propeller of issued by the Administrator for air-
the inoperative engine. The Adminis- planes intended for use in operations
trator may authorize deviations from under part 135 of this chapter.
compliance with the requirements of (ii) The airplane was type certifi-
sections 4b.130 through 4b.190 and sub- cated in the normal category before
lpowell on DSK54DXVN1OFR with $$_JOB

parts C, D, E, and F of part 4b (as des- July 19, 1970, and meets the additional
ignated in this paragraph) if he finds airworthiness standards in SFAR No.
that (considering the effect of design 23, 14 CFR part 23.

83

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§ 121.159 14 CFR Ch. I (1–1–16 Edition)

(iii) The airplane was type certifi- minutes for a passenger-carrying air-
cated in the normal category and plane with more than two engines;
meets the additional airworthiness (2) Within the North Polar Area; or
standards in appendix A of part 135 of (3) Within the South Polar Area.
this chapter. (b) Except as provided in paragraph
(iv) The airplane was type certifi- (c) of this section, no certificate holder
cated in the normal category and com- may operate a land airplane (other
plies with either section 1.(a) or 1.(b) of than a DC–3, C–46, CV–240, CV–340, CV–
SFAR No. 41 of 14 CFR part 21. 440, CV–580, CV–600, CV–640, or Martin
(2) The airplane was type certificated 404) in an extended overwater operation
in the normal category, meets the ad- unless it is certificated or approved as
ditional requirements described in adequate for ditching under the ditch-
paragraphs (f)(1)(i) through (f)(1)(iv) of ing provisions of part 25 of this chap-
this section, and meets the perform- ter.
ance requirements in appendix K of (c) Until December 20, 2010, a certifi-
this part. cate holder may operate, in an ex-
(g) Certain newly manufactured air- tended overwater operation, a non-
planes. No certificate holder may oper- transport category land airplane type
ate an airplane under this part that certificated after December 31, 1964,
was type certificated as described in that was not certificated or approved
paragraphs (f)(1)(i) through (f)(1)(iv) of as adequate for ditching under the
this section and that was manufac- ditching provisions of part 25 of this
tured after March 20, 1997, unless it chapter.
meets the performance requirements in (d) Unless authorized by the Adminis-
appendix K of this part. trator based on the character of the
(h) Newly type certificated airplanes. terrain, the kind of operation, or the
No person may operate under this part performance of the airplane to be used,
an airplane for which the application no certificate holder may operate a re-
for a type certificate is submitted after ciprocating-engine-powered airplane
March 29, 1995, unless the airplane is over a route that contains a point far-
type certificated under part 25 of this ther than 60 minutes flying time (at a
chapter. one-engine-inoperative cruise speed
[Doc. No. 6258, 29 FR 19197, Dec. 31, 1964, as under standard conditions in still air)
amended by Amdt. 121–251, 60 FR 65927, Dec. from an Adequate Airport.
20, 1995; Amdt. 121–256, 61 FR 30434, June 14, (e) Operators of turbine-engine pow-
1996] ered airplanes with more than two en-
gines do not need to meet the require-
§ 121.159 Single-engine airplanes pro-
hibited. ments of paragraph (a)(1) of this sec-
tion until February 15, 2008.
No certificate holder may operate a
single-engine airplane under this part. [Doc. No. 7329, 31 FR 13078, Oct. 8, 1966, as
amended by Amdt. 121–162, 45 FR 46739, July
[Doc. No. 28154, 60 FR 65927, Dec. 20, 1995] 10, 1980; Amdt. 121–251, 60 FR 65927, Dec. 20,
1995; Amdt. 121–329, 72 FR 1879, Jan. 16, 2007]
§ 121.161 Airplane limitations: Type of
route. § 121.162 ETOPS Type Design Ap-
(a) Except as provided in paragraph proval Basis.
(e) of this section, unless approved by Except for a passenger-carrying air-
the Administrator in accordance with plane with more than two engines man-
Appendix P of this part and authorized ufactured prior to February 17, 2015 and
in the certificate holder’s operations except for a two-engine airplane that,
specifications, no certificate holder when used in ETOPS, is only used for
may operate a turbine-engine-powered ETOPS of 75 minutes or less, no certifi-
airplane over a route that contains a cate holder may conduct ETOPS unless
point— the airplane has been type design ap-
(1) Farther than a flying time from proved for ETOPS and each airplane
an Adequate Airport (at a one-engine- used in ETOPS complies with its CMP
lpowell on DSK54DXVN1OFR with $$_JOB

inoperative cruise speed under stand- document as follows:


ard conditions in still air) of 60 min- (a) For a two-engine airplane, that is
utes for a two-engine airplane or 180 of the same model airplane-engine

84

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Federal Aviation Administration, DOT § 121.171

combination that received FAA ap- (c) Proving tests for materially altered
proval for ETOPS up to 180 minutes airplanes. Unless otherwise authorized
prior to February 15, 2007, the CMP by the Administrator, for each type of
document for that model airplane-en- airplane that is materially altered in
gine combination in effect on February design, a certificate holder must con-
14, 2007. duct at least 50 hours of proving tests
(b) For a two-engine airplane, that is acceptable to the Administrator for
not of the same model airplane-engine each kind of operation it intends to
combination that received FAA ap- conduct with that airplane, including a
proval for ETOPS up to 180 minutes be- representative number of flights into
fore February 15, 2007, the CMP docu- en route airports.
ment for that new model airplane-en- (d) Definition of materially altered. For
gine combination issued in accordance the purposes of paragraph (c) of this
with § 25.3(b)(1) of this chapter. section, a type of airplane is considered
(c) For a two-engine airplane ap- to be materially altered in design if the
proved for ETOPS beyond 180 minutes, alteration includes—
the CMP document for that model air- (1) The installation of powerplants
plane-engine combination issued in ac- other than those of a type similar to
cordance with § 25.3(b)(2) of this chap- those with which it is certificated; or
ter. (2) Alterations to the aircraft or its
components that materially affect
(d) For an airplane with more than 2
flight characteristics.
engines manufactured on or after Feb-
(e) No certificate holder may carry
ruary 17, 2015, the CMP document for
passengers in an aircraft during prov-
that model airplane-engine combina-
ing tests, except for those needed to
tion issued in accordance with § 25.3(c) make the test and those designated by
of this chapter. the Administrator. However, it may
[Doc. No. FAA–2002–6717, 72 FR 1879, Jan. 16, carry mail, express, or other cargo,
2007] when approved.
[Doc. No. 6258, 29 FR 19197, Dec. 31, 1964, as
§ 121.163 Aircraft proving tests. amended by Amdt. 121–42, 33 FR 10330, July
(a) Initial airplane proving tests. No 19, 1968; 34 FR 13468, Aug. 21, 1969; Amdt. 121–
person may operate an airplane not be- 162, 45 FR 46739, July 10, 1980; Amdt. 121–251,
fore proven for use in a kind of oper- 60 FR 65927, Dec. 20, 1995]
ation under this part or part 135 of this
chapter unless an airplane of that type Subpart I—Airplane Performance
has had, in addition to the airplane Operating Limitations
certification tests, at least 100 hours of
proving tests acceptable to the Admin- SOURCE: Docket No. 6258, 29 FR 19198, Dec.
istrator, including a representative 31, 1964; 30 FR 130, Jan. 7, 1965, unless other-
number of flights into en route air- wise noted.
ports. The requirement for at least 100 EDITORIAL NOTE: Nomenclature changes to
hours of proving tests may be reduced subpart I of part 121 appear at 60 FR 65928,
by the Administrator if the Adminis- Dec. 20, 1995.
trator determines that a satisfactory
level of proficiency has been dem- § 121.171 Applicability.
onstrated to justify the reduction. At (a) This subpart prescribes airplane
least 10 hours of proving flights must performance operating limitations for
be flown at night; these tests are irre- all certificate holders.
ducible. (b) For purposes of this part, effective
(b) Proving tests for kinds of operations. length of the runway for landing means
Unless otherwise authorized by the Ad- the distance from the point at which
ministrator, for each type of airplane, the obstruction clearance plane associ-
a certificate holder must conduct at ated with the approach end of the run-
least 50 hours of proving tests accept- way intersects the centerline of the
able to the Administrator for each kind runway to the far end thereof.
lpowell on DSK54DXVN1OFR with $$_JOB

of operation it intends to conduct, in- (c) For the purposes of this subpart,
cluding a representative number of obstruction clearance plane means a
flights into en route airports. plane sloping upward from the runway

85

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§ 121.173 14 CFR Ch. I (1–1–16 Edition)

at a slope of 1:20 to the horizontal, and comply with the applicable perform-
tangent to or clearing all obstructions ance requirements of appendix K of
within a specified area surrounding the this part.
runway as shown in a profile view of (c) Each certificate holder operating
that area. In the plan view, the center- a large nontransport category airplane
line of the specified area coincides with type certificated before January 1, 1965,
the centerline of the runway, beginning shall comply with §§ 121.199 through
at the point where the obstruction 121.205 and any determination of com-
clearance plane intersects the center- pliance must be based only on approved
line of the runway and proceeding to a performance data.
point at least 1,500 feet from the begin-
(d) The performance data in the Air-
ning point. Thereafter the centerline
plane Flight Manual applies in deter-
coincides with the takeoff path over
the ground for the runway (in the case mining compliance with §§ 121.175
of takeoffs) or with the instrument ap- through 121.197. Where conditions are
proach counterpart (for landings), or, different from those on which the per-
where the applicable one of these paths formance data is based, compliance is
has not been established, it proceeds determined by interpolation or by com-
consistent with turns of at least 4,000 puting the effects of changes in the
foot radius until a point is reached be- specific variables if the results of the
yond which the obstruction clearance interpolation or computations are sub-
plane clears all obstructions. This area stantially as accurate as the results of
extends laterally 200 feet on each side direct tests.
of the centerline at the point where the (e) Except as provided in paragraph
obstruction clearance plane intersects (c) of this section, no person may take
the runway and continues at this width off a reciprocating-engine-powered air-
to the end of the runway; then it in- plane at a weight that is more than the
creases uniformly to 500 feet on each allowable weight for the runway being
side of the centerline at a point 1,500 used (determined under the runway
feet from the intersection of the ob- takeoff limitations of the operating
struction clearance plane with the run- rules of 14 CFR part 121, subpart I)
way; thereafter it extends laterally 500 after taking into account the tempera-
feet on each side of the centerline. ture operating correction factors in the
[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as applicable Airplane Flight Manual.
amended by Amdt. 121–132, 41 FR 55475, Dec. (f) The Administrator may authorize
20, 1976] in the operations specifications devi-
ations from the requirements in the
§ 121.173 General. subpart if special circumstances make
(a) Except as provided in paragraph a literal observance of a requirement
(c) of this section, each certificate unnecessary for safety.
holder operating a reciprocating-en- (g) The ten-mile width specified in
gine-powered airplane shall comply §§ 121.179 through 121.183 may be re-
with §§ 121.175 through 121.187. duced to five miles, for not more than
(b) Except as provided in paragraph 20 miles, when operating VFR or where
(c) of this section, each certificate navigation facilities furnish reliable
holder operating a turbine-engine-pow- and accurate identification of high
ered airplane shall comply with the ap- ground and obstructions located out-
plicable provisions of §§ 121.189 through side of five miles, but within ten miles,
121.197, except that when it operates— on each side of the intended track.
(1) A turbo-propeller-powered air-
plane type certificated after August 29, [Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as
1959, but previously type certificated amended by Amdt. 121–251, 60 FR 65928, Dec.
with the same number of reciprocating 20, 1995]
engines, the certificate holder may
comply with §§ 121.175 through 121.187; § 121.175 Airplanes: Reciprocating en-
gine-powered: Weight limitations.
or
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(2) Until December 20, 2010, a turbo- (a) No person may take off a recipro-
propeller-powered airplane described in cating engine powered airplane from an
§ 121.157(f), the certificate holder may airport located at an elevation outside

86

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Federal Aviation Administration, DOT § 121.181

of the range for which maximum take- and 300 feet horizontally beyond the
off weights have been determined for boundaries, without banking before
that airplane. reaching a height of 50 feet (as shown
(b) No person may take off a recipro- by the takeoff path data) and there-
cating engine powered airplane for an after without banking more than 15 de-
airport of intended destination that is grees.
located at an elevation outside of the (b) In applying this section, correc-
range for which maximum landing tions must be made for the effective
weights have been determined for that runway gradient. To allow for wind ef-
airplane. fect, takeoff data based on still air may
(c) No person may specify, or have be corrected by taking into account
specified, an alternate airport that is not more than 50 percent of any re-
located at an elevation outside of the ported headwind component and not
range for which maximum landing less than 150 percent of any reported
weights have been determined for the tailwind component.
reciprocating engine powered airplane (c) This section does not apply to
concerned. large nontransport category airplanes
(d) No person may take off a recipro- operated under § 121.173(c).
cating engine powered airplane at a
weight more than the maximum au- [Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as
thorized takeoff weight for the ele- amended by Amdt. 121–159, 45 FR 41593, June
19, 1980; Amdt. 121–251, 60 FR 65928, Dec. 20,
vation of the airport.
1995]
(e) No person may take off a recipro-
cating engine powered airplane if its § 121.179 Airplanes: Reciprocating en-
weight on arrival at the airport of des- gine-powered: En route limitations:
tination will be more than the max- All engines operating.
imum authorized landing weight for
(a) No person operating a recipro-
the elevation of that airport, allowing
cating engine powered airplane may
for normal consumption of fuel and oil
take off that airplane at a weight, al-
en route.
lowing for normal consumption of fuel
(f) This section does not apply to
and oil, that does not allow a rate of
large nontransport category airplanes
climb (in feet per minute), with all en-
operated under § 121.173(c).
gines operating, of at least 6.90 VSo
[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as (that is, the number of feet per minute
amended by Amdt. 121–251, 60 FR 65928, Dec. is obtained by multiplying the number
20, 1995] of knots by 6.90) at an altitude of at
§ 121.177 Airplanes: Reciprocating en- least 1,000 feet above the highest
gine-powered: Takeoff limitations. ground or obstruction within ten miles
of each side of the intended track.
(a) No person operating a recipro-
(b) This section does not apply to air-
cating engine powered airplane may
planes certificated under part 4a of the
takeoff that airplane unless it is pos-
Civil Air Regulations.
sible—
(1) To stop the airplane safely on the (c) This section does not apply to
runway, as shown by the accelerate large nontransport category airplanes
stop distance data, at any time during operated under § 121.173(c).
takeoff until reaching critical-engine [Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as
failure speed; amended by Amdt. 121–251, 60 FR 65928, Dec.
(2) If the critical engine fails at any 20, 1995]
time after the airplane reaches crit-
ical-engine failure speed V1, to con- § 121.181 Airplanes: Reciprocating en-
tinue the takeoff and reach a height of gine-powered: En route limitations:
50 feet, as indicated by the takeoff path One engine inoperative.
data, before passing over the end of the (a) Except as provided in paragraph
runway; and (b) of this section, no person operating
(3) To clear all obstacles either by at a reciprocating engine powered air-
lpowell on DSK54DXVN1OFR with $$_JOB

least 50 feet vertically (as shown by the plane may take off that airplane at a
takeoff path data) or 200 feet hori- weight, allowing for normal consump-
zontally within the airport boundaries tion of fuel and oil, that does not allow

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§ 121.183 14 CFR Ch. I (1–1–16 Edition)

a rate of climb (in feet per minute), less the Administrator approves a pro-
with one engine inoperative, of at least cedure established on a different basis
(0.079–0.106/N) Vso2 upon finding that adequate operational
safeguards exist.
(where N is the number of engines in- (3) The airplane must meet the provi-
stalled and VSo is expressed in knots) at sions of paragraph (a) of this section at
an altitude of at least 1,000 feet above 1,000 feet above the airport used as an
the highest ground or obstruction alternate in this procedure.
within 10 miles of each side of the in- (4) The procedure must include an ap-
tended track. However, for the pur- proved method of accounting for winds
poses of this paragraph the rate of and temperatures that would otherwise
climb for airplanes certificated under adversely affect the flight path.
part 4a of the Civil Air Regulations is (5) In complying with this procedure
0.026 Vso2. fuel jettisoning is allowed if the certifi-
(b) In place of the requirements of cate holder shows that it has an ade-
paragraph (a) of this section, a person quate training program, that proper in-
may, under an approved procedure, op- structions are given to the flight crew,
erate a reciprocating engine powered and all other precautions are taken to
airplane, at an all-engines-operating insure a safe procedure.
altitude that allows the airplane to (6) The certificate holder shall speci-
continue, after an engine failure, to an fy in the dispatch or flight release an
alternate airport where a landing can alternate airport that meets the re-
be made in accordance with § 121.187, al- quirements of § 121.625.
lowing for normal consumption of fuel (d) This section does not apply to
and oil. After the assumed failure, the large nontransport category airplanes
flight path must clear the ground and operated under § 121.173(c).
any obstruction within five miles on [Doc. No. 6258, 29 FR 19198, Dec. 31, 1964; 30
each side of the intended track by at FR 130, Jan. 7, 1965, as amended by Amdt.
least 2,000 feet. 121–251, 60 FR 65928, Dec. 20, 1995]
(c) If an approved procedure under
paragraph (b) of this section is used, § 121.183 Part 25 airplanes with four
the certificate holder shall comply or more engines: Reciprocating en-
with the following: gine powered: En route limitations:
(1) The rate of climb (as prescribed in Two engines inoperative.
the Airplane Flight Manual for the ap- (a) No person may operate an air-
propriate weight and altitude) used in plane certificated under part 25 and
calculating the airplane’s flight path having four or more engines unless—
shall be diminished by an amount, in (1) There is no place along the in-
feet per minute, equal to tended track that is more than 90 min-
(0.079–0.106/N) Vso2 utes (with all engines operating at
cruising power) from an airport that
(when N is the number of engines in- meets the requirements of § 121.187; or
stalled and VSo is expressed in knots) (2) It is operated at a weight allowing
for airplanes certificated under part 25 the airplane, with the two critical en-
of this chapter and by 0.026 Vso2 for air- gines inoperative, to climb at 0.013 Vso2
planes certificated under part 4a of the feet per minute (that is, the number of
Civil Air Regulations. feet per minute is obtained by multi-
(2) The all-engines-operating altitude plying the number of knots squared by
shall be sufficient so that in the event 0.013) at an altitude of 1,000 feet above
the critical engine becomes inoperative the highest ground or obstruction
at any point along the route, the flight within 10 miles on each side of the in-
will be able to proceed to a predeter- tended track, or at an altitude of 5,000
mined alternate airport by use of this feet, whichever is higher.
procedure. In determining the takeoff (b) For the purposes of paragraph
weight, the airplane is assumed to pass (a)(2) of this section, it is assumed
over the critical obstruction following that—
lpowell on DSK54DXVN1OFR with $$_JOB

engine failure at a point no closer to (1) The two engines fail at the point
the critical obstruction than the near- that is most critical with respect to
est approved radio navigational fix, un- the takeoff weight:

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Federal Aviation Administration, DOT § 121.189

(2) Consumption of fuel and oil is nor- tions such as landing aids and terrain,
mal with all engines operating up to and allowing for the effect of the land-
the point where the two engines fail ing path and roll of not more than 50
and with two engines operating beyond percent of the headwind component or
that point; not less than 150 percent of the tail-
(3) Where the engines are assumed to wind component.
fail at an altitude above the prescribed (b) An airplane that would be prohib-
minimum altitude, compliance with ited from being taken off because it
the prescribed rate of climb at the pre- could not meet the requirements of
scribed minimum altitude need not be paragraph (a)(2) of this section may be
shown during the descent from the taken off if an alternate airport is
cruising altitude to the prescribed min- specified that meets all of the require-
imum altitude, if those requirements ments of this section except that the
can be met once the prescribed min- airplane can accomplish a full stop
imum altitude is reached, and assum- landing within 70 percent of the effec-
ing descent to be along a net flight tive length of the runway.
path and the rate of descent to be 0.013 (c) This section does not apply to
Vso2 greater than the rate in the ap- large nontransport category airplanes
proved performance data; and operated under § 121.173(c).
(4) If fuel jettisoning is provided, the [Doc. No. 6258, 29 FR 19198, Dec. 31, 1964; 30
airplane’s weight at the point where FR 130, Jan. 7, 1965, as amended by Amdt.
the two engines fail is considered to be 121–251, 60 FR 65928, Dec. 20, 1995]
not less than that which would include
enough fuel to proceed to an airport § 121.187 Airplanes: Reciprocating en-
meeting the requirements of § 121.187 gine-powered: Landing limitations:
and to arrive at an altitude of at least Alternate airport.
1,000 feet directly over that airport. (a) No person may list an airport as
an alternate airport in a dispatch or
[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964; 30
FR 130, Jan. 7, 1965, as amended by Amdt. flight release unless the airplane (at
121–251, 60 FR 65928, Dec. 20, 1995] the weight anticipated at the time of
arrival at the airport), based on the as-
§ 121.185 Airplanes: Reciprocating en- sumptions in § 121.185, can be brought
gine-powered: Landing limitations: to a full stop landing, within 70 percent
Destination airport. of the effective length of the runway.
(a) Except as provided in paragraph (b) This section does not apply to
(b) of this section no person operating large nontransport category airplanes
a reciprocating engine powered air- operated under § 121.173(c).
plane may take off that airplane, un- [Doc. No. 6258, 29 FR 19198, Dec. 31, 1964; 30
less its weight on arrival, allowing for FR 130, Jan. 7, 1965, as amended by Amdt.
normal consumption of fuel and oil in 121–251, 60 FR 65928, Dec. 20, 1995]
flight, would allow a full stop landing
at the intended destination within 60 § 121.189 Airplanes: Turbine engine
percent of the effective length of each powered: Takeoff limitations.
runway described below from a point 50 (a) No person operating a turbine en-
feet directly above the intersection of gine powered airplane may take off
the obstruction clearance plane and that airplane at a weight greater than
the runway. For the purposes of deter- that listed in the Airplane Flight Man-
mining the allowable landing weight at ual for the elevation of the airport and
the destination airport the following is for the ambient temperature existing
assumed: at takeoff.
(1) The airplane is landed on the most (b) No person operating a turbine en-
favorable runway and in the most fa- gine powered airplane certificated after
vorable direction in still air. August 26, 1957, but before August 30,
(2) The airplane is landed on the most 1959 (SR422, 422A), may take off that
suitable runway considering the prob- airplane at a weight greater than that
able wind velocity and direction (fore- listed in the Airplane Flight Manual
lpowell on DSK54DXVN1OFR with $$_JOB

cast for the expected time of arrival), for the minimum distances required for
the ground handling characteristics of takeoff. In the case of an airplane cer-
the type of airplane, and other condi- tificated after September 30, 1958

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§ 121.191 14 CFR Ch. I (1–1–16 Edition)

(SR422A, 422B), the takeoff distance quired for takeoff from wet runways,
may include a clearway distance but the runway surface condition (dry or
the clearway distance included may wet). Wet runway distances associated
not be greater than 1⁄2 of the takeoff with grooved or porous friction course
run. runways, if provided in the Airplane
(c) No person operating a turbine en- Flight Manual, may be used only for
gine powered airplane certificated after runways that are grooved or treated
August 29, 1959 (SR422B), may take off with a porous friction course (PFC)
that airplane at a weight greater than overlay, and that the operator deter-
that listed in the Airplane Flight Man- mines are designed, constructed, and
ual at which compliance with the fol- maintained in a manner acceptable to
lowing may be shown:
the Administrator.
(1) The accelerate-stop distance must
not exceed the length of the runway (f) For the purposes of this section, it
plus the length of any stopway. is assumed that the airplane is not
(2) The takeoff distance must not ex- banked before reaching a height of 50
ceed the length of the runway plus the feet, as shown by the takeoff path or
length of any clearway except that the net takeoff flight path data (as appro-
length of any clearway included must priate) in the Airplane Flight Manual,
not be greater than one-half the length and thereafter that the maximum bank
of the runway. is not more than 15 degrees.
(3) The takeoff run must not be (g) For the purposes of this section
greater than the length of the runway. the terms, takeoff distance, takeoff run,
(d) No person operating a turbine en- net takeoff flight path and takeoff path
gine powered airplane may take off have the same meanings as set forth in
that airplane at a weight greater than the rules under which the airplane was
that listed in the Airplane Flight Man- certificated.
ual—
(1) In the case of an airplane certifi- [Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as
cated after August 26, 1957, but before amended by Amdt. 121–268, 63 FR 8321, Feb.
18, 1998]
October 1, 1958 (SR422), that allows a
takeoff path that clears all obstacles
§ 121.191 Airplanes: Turbine engine
either by at least (35 + 0.01D) feet powered: En route limitations: One
vertically (D is the distance along the engine inoperative.
intended flight path from the end of
the runway in feet), or by at least 200 (a) No person operating a turbine en-
feet horizontally within the airport gine powered airplane may take off
boundaries and by at least 300 feet that airplane at a weight, allowing for
horizontally after passing the bound- normal consumption of fuel and oil,
aries; or that is greater than that which (under
(2) In the case of an airplane certifi- the approved, one engine inoperative,
cated after September 30, 1958 (SR en route net flight path data in the
422A, 422B), that allows a net takeoff Airplane Flight Manual for that air-
flight path that clears all obstacles ei- plane) will allow compliance with para-
ther by a height of at least 35 feet graph (a) (1) or (2) of this section, based
vertically, or by at least 200 feet hori- on the ambient temperatures expected
zontally within the airport boundaries en route:
and by at least 300 feet horizontally (1) There is a positive slope at an al-
after passing the boundaries. titude of at least 1,000 feet above all
(e) In determining maximum terrain and obstructions within five
weights, minimum distances, and flight
statute miles on each side of the in-
paths under paragraphs (a) through (d)
tended track, and, in addition, if that
of this section, correction must be
airplane was certificated after August
made for the runway to be used, the
elevation of the airport, the effective 29, 1959 (SR 422B) there is a positive
runway gradient, the ambient tempera- slope at 1,500 feet above the airport
lpowell on DSK54DXVN1OFR with $$_JOB

ture and wind component at the time where the airplane is assumed to land
of takeoff, and, if operating limitations after an engine fails.
exist for the minimum distances re-

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Federal Aviation Administration, DOT § 121.193

(2) The net flight path allows the air- (1) There is no place along the in-
plane to continue flight from the cruis- tended track that is more than 90 min-
ing altitude to an airport where a land- utes (with all engines operating at
ing can be made under § 121.197, clear- cruising power) from an airport that
ing all terrain and obstructions within meets the requirements of § 121.197.
five statute miles of the intended track (2) Its weight, according to the two-
by at least 2,000 feet vertically and engine-inoperative, en route, net flight
with a positive slope at 1,000 feet above path data in the Airplane Flight Man-
the airport where the airplane lands ual, allows the airplane to fly from the
after an engine fails, or, if that air- point where the two engines are as-
plane was certificated after September sumed to fail simultaneously to an air-
30, 1958 (SR 422A, 422B), with a positive port that meets the requirements of
slope at 1,500 feet above the airport § 121.197, with a net flight path (consid-
where the airplane lands after an en- ering the ambient temperature antici-
gine fails. pated along the track) having a posi-
(b) For the purposes of paragraph tive slope at an altitude of at least
(a)(2) of this section, it is assumed 1,000 feet above all terrain and obstruc-
that— tions within five miles on each side of
(1) The engine fails at the most crit- the intended track, or at an altitude of
ical point en route; 5,000 feet, whichever is higher.
(2) The airplane passes over the crit-
For the purposes of paragraph (a)(2) of
ical obstruction, after engine failure at
this section, it is assumed that the two
a point that is no closer to the obstruc-
engines fail at the most critical point
tion than the nearest approved radio
en route, that if fuel jettisoning is pro-
navigation fix, unless the Adminis-
vided, the airplane’s weight at the
trator authorizes a different procedure
point where the engines fail includes
based on adequate operational safe-
enough fuel to continue to the airport
guards;
and to arrive at an altitude of at least
(3) An approved method is used to 1,000 feet directly over the airport, and
allow for adverse winds: that the fuel and oil consumption after
(4) Fuel jettisoning will be allowed if engine failure is the same as the con-
the certificate holder shows that the sumption allowed for in the net flight
crew is properly instructed, that the path data in the Airplane Flight Man-
training program is adequate, and that ual.
all other precautions are taken to in- (b) Aircraft certificated after September
sure a safe procedure; 30, 1958, but before August 30, 1959 (SR
(5) The alternate airport is specified 422A). No person may operate a turbine
in the dispatch or flight release and engine powered airplane along an in-
meets the prescribed weather mini- tended route unless he complies with
mums; and either of the following:
(6) The consumption of fuel and oil (1) There is no place along the in-
after engine failure is the same as the tended track that is more than 90 min-
consumption that is allowed for in the utes (with all engines operating at
approved net flight path data in the cruising power) from an airport that
Airplane Flight Manual. meets the requirements of § 121.197.
[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964; 30 (2) Its weight, according to the two-
FR 130, Jan. 7, 1965, as amended by Amdt. engine-inoperative, en route, net flight
121–143, 43 FR 22641, May 25, 1978] path data in the Airplane Flight Man-
ual, allows the airplane to fly from the
§ 121.193 Airplanes: Turbine engine point where the two engines are as-
powered: En route limitations: Two sumed to fail simultaneously to an air-
engines inoperative. port that meets the requirements of
(a) Airplanes certificated after August § 121.197, with a net flight path (consid-
26, 1957, but before October 1, 1958 (SR ering the ambient temperatures antici-
422). No person may operate a turbine pated along the track) having a posi-
lpowell on DSK54DXVN1OFR with $$_JOB

engine powered airplane along an in- tive slope at an altitude of at least


tended route unless he complies with 1,000 feet above all terrain and obstruc-
either of the following: tions within 5 miles on each side of the

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§ 121.195 14 CFR Ch. I (1–1–16 Edition)

intended track, or at an altitude of altitude of at least 1,500 feet directly


2,000 feet, whichever is higher. over the airport, and thereafter to fly
For the purposes of paragraph (b)(2) of for 15 minutes at cruise power or
this section, it is assumed that the two thrust, or both; and
engines fail at the most critical point (v) The consumption of fuel and oil
en route, that the airplane’s weight at after the engine failure is the same as
the point where the engines fail in- the consumption that is allowed for in
cludes enough fuel to continue to the the net flight path data in the Airplane
airport, to arrive at an altitude of at Flight Manual.
least 1,500 feet directly over the air-
§ 121.195 Airplanes: Turbine engine
port, and thereafter to fly for 15 min- powered: Landing limitations: Des-
utes at cruise power or thrust, or both, tination airports.
and that the consumption of fuel and
oil after engine failure is the same as (a) No person operating a turbine en-
the consumption allowed for in the net gine powered airplane may take off
flight path data in the Airplane Flight that airplane at such a weight that (al-
Manual. lowing for normal consumption of fuel
(c) Aircraft certificated after August 29, and oil in flight to the destination or
1959 (SR 422B). No person may operate alternate airport) the weight of the air-
a turbine engine powered airplane plane on arrival would exceed the land-
along an intended route unless he com- ing weight set forth in the Airplane
plies with either of the following: Flight Manual for the elevation of the
(1) There is no place along the in- destination or alternate airport and
tended track that is more than 90 min- the ambient temperature anticipated
utes (with all engines operating at at the time of landing.
cruising power) from an airport that (b) Except as provided in paragraph
meets the requirements of § 121.197. (c), (d), or (e) of this section, no person
(2) Its weight, according to the two- operating a turbine engine powered air-
engine inoperative, en route, net flight plane may take off that airplane unless
path data in the Airplane Flight Man- its weight on arrival, allowing for nor-
ual, allows the airplane to fly from the mal consumption of fuel and oil in
point where the two engines are as- flight (in accordance with the landing
sumed to fail simultaneously to an air- distance set forth in the Airplane
port that meets the requirements of Flight Manual for the elevation of the
§ 121.197, with the net flight path (con- destination airport and the wind condi-
sidering the ambient temperatures an- tions anticipated there at the time of
ticipated along the track) clearing landing), would allow a full stop land-
vertically by at least 2,000 feet all ter- ing at the intended destination airport
rain and obstructions within five stat- within 60 percent of the effective
ute miles (4.34 nautical miles) on each length of each runway described below
side of the intended track. For the pur- from a point 50 feet above the intersec-
poses of this subparagraph, it is as- tion of the obstruction clearance plane
sumed that— and the runway. For the purpose of de-
(i) The two engines fail at the most termining the allowable landing weight
critical point en route; at the destination airport the following
(ii) The net flight path has a positive is assumed:
slope at 1,500 feet above the airport (1) The airplane is landed on the most
where the landing is assumed to be favorable runway and in the most fa-
made after the engines fail; vorable direction, in still air.
(iii) Fuel jettisoning will be approved (2) The airplane is landed on the most
if the certificate holder shows that the suitable runway considering the prob-
crew is properly instructed, that the able wind velocity and direction and
training program is adequate, and that the ground handling characteristics of
all other precautions are taken to en- the airplane, and considering other
sure a safe procedure; conditions such as landing aids and ter-
(iv) The airplane’s weight at the rain.
lpowell on DSK54DXVN1OFR with $$_JOB

point where the two engines are as- (c) A turbopropeller powered airplane
sumed to fail provides enough fuel to that would be prohibited from being
continue to the airport, to arrive at an taken off because it could not meet the

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Federal Aviation Administration, DOT § 121.198

requirements of paragraph (b)(2) of this mining the weight anticipated at the


section, may be taken off if an alter- time of arrival.
nate airport is specified that meets all [Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as
the requirements of this section except amended by Amdt. 121–9, 30 FR 8572, July 7,
that the airplane can accomplish a full 1965; Amdt. 121–179, 47 FR 33390, Aug. 2, 1982]
stop landing within 70 percent of the
effective length of the runway. § 121.198 Cargo service airplanes: In-
(d) Unless, based on a showing of ac- creased zero fuel and landing
tual operating landing techniques on weights.
wet runways, a shorter landing dis- (a) Notwithstanding the applicable
tance (but never less than that re- structural provisions of the airworthi-
quired by paragraph (b) of this section) ness regulations but subject to para-
has been approved for a specific type graphs (b) through (g) of this section, a
and model airplane and included in the certificate holder may operate (for
Airplane Flight Manual, no person may cargo service only) any of the following
takeoff a turbojet powered airplane airplanes (certificated under part 4b of
when the appropriate weather reports the Civil Air Regulations effective be-
and forecasts, or a combination there- fore March 13, 1956) at increased zero
of, indicate that the runways at the fuel and landing weights—
destination airport may be wet or slip- (1) DC–6A, DC–6B, DC–7B, and DC–7C;
pery at the estimated time of arrival and
unless the effective runway length at (2) L1049B, C, D, E, F, G, and H, and
the destination airport is at least 115 the L1649A when modified in accord-
percent of the runway length required ance with supplemental type certifi-
under paragraph (b) of this section. cate SA 4–1402.
(e) A turbojet powered airplane that (b) The zero fuel weight (maximum
would be prohibited from being taken weight of the airplane with no dispos-
off because it could not meet the re- able fuel and oil) and the structural
quirements of paragraph (b)(2) of this landing weight may be increased be-
section may be taken off if an alter- yond the maximum approved in full
nate airport is specified that meets all compliance with applicable regulations
the requirements of paragraph (b) of only if the Administrator finds that—
this section. (1) The increase is not likely to re-
[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as duce seriously the structural strength;
amended by Amdt. 121–9, 30 FR 8572, July 7, (2) The probability of sudden fatigue
1965] failure is not noticeably increased;
(3) The flutter, deformation, and vi-
§ 121.197 Airplanes: Turbine engine bration characteristics do not fall
powered: Landing limitations: Al- below those required by applicable reg-
ternate airports. ulations; and
No person may list an airport as an (4) All other applicable weight limi-
alternate airport in a dispatch or flight tations will be met.
release for a turbine engine powered (c) No zero fuel weight may be in-
airplane unless (based on the assump- creased by more than five percent, and
tions in § 121.195 (b)) that airplane at the increase in the structural landing
the weight anticipated at the time of weight may not exceed the amount, in
arrival can be brought to a full stop pounds, of the increase in zero fuel
landing within 70 percent of the effec- weight.
tive length of the runway for turbo- (d) Each airplane must be inspected
propeller powered airplanes and 60 per- in accordance with the approved spe-
cent of the effective length of the run- cial inspection procedures, for oper-
way for turbojet powered airplanes, ations at increased weights, estab-
from a point 50 feet above the intersec- lished and issued by the manufacturer
tion of the obstruction clearance plane of the type of airplane.
and the runway. In the case of an alter- (e) Each airplane operated under this
nate airport for departure, as provided section must be operated in accordance
lpowell on DSK54DXVN1OFR with $$_JOB

in § 121.617, allowance may be made for with the passenger-carrying perform-


fuel jettisoning in addition to normal ance operating limitations prescribed
consumption of fuel and oil when deter- in this part.

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§ 121.199 14 CFR Ch. I (1–1–16 Edition)

(f) The Airplane Flight Manual for ated with the other end of the runway
each airplane operated under this sec- intersects the runway centerline.
tion must be appropriately revised to
[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as
include the operating limitations and amended by Amdt. 121–132, 41 FR 55475, Dec.
information needed for operation at 20, 1976]
the increased weights.
(g) Except as provided for the car- § 121.201 Nontransport category air-
rying of persons under § 121.583 each planes: En route limitations: One
airplane operated at an increased engine inoperative.
weight under this section must, before (a) Except as provided in paragraph
it is used in passenger service, be in- (b) of this section, no person operating
spected under the special inspection a nontransport category airplane may
procedures for return to passenger take off that airplane at a weight that
service established and issued by the does not allow a rate of climb of at
manufacturer and approved by the Ad- least 50 feet a minute, with the critical
ministrator. engine inoperative, at an altitude of at
least 1,000 feet above the highest ob-
§ 121.199 Nontransport category air- struction within five miles on each side
planes: Takeoff limitations. of the intended track, or 5,000 feet,
(a) No person operating a non- whichever is higher.
transport category airplane may take (b) Notwithstanding paragraph (a) of
off that airplane at a weight greater this section, if the Administrator finds
than the weight that would allow the that safe operations are not impaired,
airplane to be brought to a safe stop a person may operate the airplane at
within the effective length of the run- an altitude that allows the airplane, in
way, from any point during the takeoff case of engine failure, to clear all ob-
before reaching 105 percent of min- structions within 5 miles on each side
imum control speed (the minimum of the intended track by 1,000 feet. If
speed at which an airplane can be safe- this procedure is used, the rate of de-
scent for the appropriate weight and
ly controlled in flight after an engine
altitude is assumed to be 50 feet a
becomes inoperative) or 115 percent of
minute greater than the rate in the ap-
the power off stalling speed in the
proved performance data. Before ap-
takeoff configuration, whichever is
proving such a procedure, the Adminis-
greater. trator considers the following for the
(b) For the purposes of this section— route, route segment, or area con-
(1) It may be assumed that takeoff cerned:
power is used on all engines during the (1) The reliability of wind and weath-
acceleration; er forecasting.
(2) Not more than 50 percent of the (2) The location and kinds of naviga-
reported headwind component, or not tion aids.
less than 150 percent of the reported (3) The prevailing weather condi-
tailwind component, may be taken into tions, particularly the frequency and
account; amount of turbulence normally en-
(3) The average runway gradient (the countered.
difference between the elevations of (4) Terrain features.
the endpoints of the runway divided by (5) Air traffic control problems.
the total length) must be considered if (6) Any other operational factors
it is more than one-half of 1 percent; that affect the operation.
(4) It is assumed that the airplane is (c) For the purposes of this section, it
operating in standard atmosphere; and is assumed that—
(5) The effective length of the runway (1) The critical engine is inoperative;
for takeoff means the distance from (2) The propeller of the inoperative
the end of the runway at which the engine is in the minimum drag posi-
lpowell on DSK54DXVN1OFR with $$_JOB

takeoff is started to a point at which tion;


the obstruction clearance plane associ- (3) The wing flaps and landing gear
are in the most favorable position;

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Federal Aviation Administration, DOT § 121.211

(4) The operating engines are oper- § 121.207 Provisionally certificated air-
ating at the maximum continuous planes: Operating limitations.
power available; In addition to the limitations in
(5) The airplane is operating in stand- § 91.317 of this chapter, the following
ard atmosphere; and limitations apply to the operation of
(6) The weight of the airplane is pro- provisionally certificated airplanes by
gressively reduced by the anticipated certificate holders:
consumption of fuel and oil. (a) In addition to crewmembers, each
certificate holder may carry on such an
§ 121.203 Nontransport category air- airplane only those persons who are
planes: Landing limitations: Des- listed in § 121.547(c) or who are specifi-
tination airport. cally authorized by both the certificate
(a) No person operating a non- holder and the Administrator.
transport category airplane may take (b) Each certificate holder shall keep
off that airplane at a weight that— a log of each flight conducted under
(1) Allowing for anticipated consump- this section and shall keep accurate
tion of fuel and oil, is greater than the and complete records of each inspec-
weight that would allow a full stop tion made and all maintenance per-
landing within 60 percent of the effec- formed on the airplane. The certificate
tive length of the most suitable run- holder shall make the log and records
way at the destination airport; and made under this section available to
the manufacturer and the Adminis-
(2) Is greater than the weight allow-
trator.
able if the landing is to be made on the
runway— [Doc. No. 28154, 61 FR 2611, Jan. 26, 1996]
(i) With the greatest effective length
in still air; and Subpart J—Special Airworthiness
(ii) Required by the probable wind, Requirements
taking into account not more than 50
percent of the headwind component or SOURCE: Docket No. 6258, 29 FR 19202, Dec.
not less than 150 percent of the tail- 31, 1964, unless otherwise noted.
wind component.
(b) For the purposes of this section, § 121.211 Applicability.
it is assumed that— (a) This subpart prescribes special
(1) The airplane passes directly over airworthiness requirements applicable
the intersection of the obstruction to certificate holders as stated in para-
clearance plane and the runway at a graphs (b) through (e) of this section.
height of 50 feet in a steady gliding ap- (b) Except as provided in paragraph
proach at a true indicated airspeed of (d) of this section, each airplane type
at least 1.3 VSo; certificated under Aero Bulletin 7A or
(2) The landing does not require ex- part 04 of the Civil Air Regulations in
ceptional pilot skill; and effect before November 1, 1946 must
(3) The airplane is operating in stand- meet the special airworthiness require-
ard atmosphere. ments in §§ 121.215 through 121.283.
(c) Each certificate holder must com-
§ 121.205 Nontransport category air- ply with the requirements of §§ 121.285
planes: Landing limitations: Alter- through 121.291.
nate airport. (d) If the Administrator determines
No person may list an airport as an that, for a particular model of airplane
used in cargo service, literal compli-
alternate airport in a dispatch or flight
ance with any requirement under para-
release for a nontransport category air-
graph (b) of this section would be ex-
plane unless that airplane (at the
tremely difficult and that compliance
weight anticipated at the time of ar- would not contribute materially to the
rival) based on the assumptions con- objective sought, he may require com-
lpowell on DSK54DXVN1OFR with $$_JOB

tained in § 121.203, can be brought to a pliance only with those requirements


full stop landing within 70 percent of that are necessary to accomplish the
the effective length of the runway. basic objectives of this part.

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§ 121.213 14 CFR Ch. I (1–1–16 Edition)

(e) No person may operate under this § 121.221 Fire precautions.


part a nontransport category airplane (a) Each compartment must be de-
type certificated after December 31, signed so that, when used for storing
1964, unless the airplane meets the spe- cargo or baggage, it meets the fol-
cial airworthiness requirements in lowing requirements:
§ 121.293. (1) No compartment may include con-
[Doc. No. 28154, 60 FR 65928, Dec. 20, 1995] trols, wiring, lines, equipment, or ac-
cessories that would upon damage or
§ 121.213 [Reserved] failure, affect the safe operation of the
airplane unless the item is adequately
§ 121.215 Cabin interiors. shielded, isolated, or otherwise pro-
(a) Except as provided in § 121.312, tected so that it cannot be damaged by
each compartment used by the crew or movement of cargo in the compart-
passengers must meet the require- ment and so that damage to or failure
ments of this section. of the item would not create a fire haz-
(b) Materials must be at least flash ard in the compartment.
resistant. (2) Cargo or baggage may not inter-
fere with the functioning of the fire-
(c) The wall and ceiling linings and
protective features of the compart-
the covering of upholstering, floors,
ment.
and furnishings must be flame resist-
(3) Materials used in the construction
ant.
of the compartments, including tie-
(d) Each compartment where smok-
down equipment, must be at least
ing is to be allowed must be equipped
flame resistant.
with self-contained ash trays that are
(4) Each compartment must include
completely removable and other com-
provisions for safeguarding against
partments must be placarded against
fires according to the classifications
smoking.
set forth in paragraphs (b) through (f)
(e) Each receptacle for used towels, of this section.
papers, and wastes must be of fire-re- (b) Class A. Cargo and baggage com-
sistant material and must have a cover partments are classified in the ‘‘A’’
or other means of containing possible category if—
fires started in the receptacles. (1) A fire therein would be readily
[Doc. No. 6258, 29 FR 19202, Dec. 31, 1964, as discernible to a member of the crew
amended by Amdt. 121–84, 37 FR 3974, Feb. 24, while at his station; and
1972] (2) All parts of the compartment are
easily accessible in flight.
§ 121.217 Internal doors.
There must be a hand fire extinguisher
In any case where internal doors are available for each Class A compart-
equipped with louvres or other ven- ment.
tilating means, there must be a means (c) Class B. Cargo and baggage com-
convenient to the crew for closing the partments are classified in the ‘‘B’’
flow of air through the door when nec- category if enough access is provided
essary. while in flight to enable a member of
the crew to effectively reach all of the
§ 121.219 Ventilation. compartment and its contents with a
Each passenger or crew compartment hand fire extinguisher and the com-
must be suitably ventilated. Carbon partment is so designed that, when the
monoxide concentration may not be access provisions are being used, no
more than one part in 20,000 parts of hazardous amount of smoke, flames, or
air, and fuel fumes may not be present. extinguishing agent enters any com-
In any case where partitions between partment occupied by the crew or pas-
compartments have louvres or other sengers. Each Class B compartment
means allowing air to flow between must comply with the following:
compartments, there must be a means (1) It must have a separate approved
lpowell on DSK54DXVN1OFR with $$_JOB

convenient to the crew for closing the smoke or fire detector system to give
flow of air through the partitions, warning at the pilot or flight engineer
when necessary. station.

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Federal Aviation Administration, DOT § 121.227

(2) There must be a hand fire extin- (f) Class E. On airplanes used for the
guisher available for the compartment. carriage of cargo only, the cabin area
(3) It must be lined with fire-resist- may be classified as a Class ‘‘E’’ com-
ant material, except that additional partment. Each Class E compartment
service lining of flame-resistant mate- must comply with the following:
rial may be used. (1) It must be completely lined with
(d) Class C. Cargo and baggage com- fire-resistant material.
partments are classified in the ‘‘C’’ cat- (2) It must have a separate system of
egory if they do not conform with the an approved type smoke or fire detec-
requirements for the ‘‘A’’, ‘‘B’’, ‘‘D’’, or tor to give warning at the pilot or
‘‘E’’ categories. Each Class C compart- flight engineer station.
ment must comply with the following: (3) It must have a means to shut off
(1) It must have a separate approved the ventilating air flow to or within
smoke or fire detector system to give the compartment and the controls for
warning at the pilot or flight engineer that means must be accessible to the
station. flight crew in the crew compartment.
(2) It must have an approved built-in (4) It must have a means to exclude
fire-extinguishing system controlled hazardous quantities of smoke, flames,
from the pilot or flight engineer sta- or noxious gases from entering the
tion. flight crew compartment.
(3) It must be designed to exclude (5) Required crew emergency exits
hazardous quantities of smoke, flames, must be accessible under all cargo
or extinguishing agents from entering loading conditions.
into any compartment occupied by the
crew or passengers. § 121.223 Proof of compliance with
(4) It must have ventilation and draft § 121.221.
controlled so that the extinguishing Compliance with those provisions of
agent provided can control any fire § 121.221 that refer to compartment ac-
that may start in the compartment. cessibility, the entry of hazardous
(5) It must be lined with fire-resist- quantities of smoke or extinguishing
ant material, except that additional agent into compartments occupied by
service lining of flame-resistant mate- the crew or passengers, and the dissipa-
rial may be used. tion of the extinguishing agent in Class
(e) Class D. Cargo and baggage com- ‘‘C’’ compartments must be shown by
partments are classified in the ‘‘D’’ tests in flight. During these tests it
category if they are so designed and must be shown that no inadvertent op-
constructed that a fire occurring there- eration of smoke or fire detectors in
in will be completely confined without other compartments within the air-
endangering the safety of the airplane plane would occur as a result of fire
or the occupants. Each Class D com- contained in any one compartment, ei-
partment must comply with the fol- ther during the time it is being extin-
lowing: guished, or thereafter, unless the extin-
(1) It must have a means to exclude guishing system floods those compart-
hazardous quantities of smoke, flames, ments simultaneously.
or noxious gases from entering any
compartment occupied by the crew or § 121.225 Propeller deicing fluid.
passengers. If combustible fluid is used for pro-
(2) Ventilation and drafts must be peller deicing, the certificate holder
controlled within each compartment so must comply with § 121.255.
that any fire likely to occur in the
compartment will not progress beyond § 121.227 Pressure cross-feed arrange-
safe limits. ments.
(3) It must be completely lined with (a) Pressure cross-feed lines may not
fire-resistant material. pass through parts of the airplane used
(4) Consideration must be given to for carrying persons or cargo unless—
lpowell on DSK54DXVN1OFR with $$_JOB

the effect of heat within the compart- (1) There is a means to allow crew-
ment on adjacent critical parts of the members to shut off the supply of fuel
airplane. to these lines; or

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§ 121.229 14 CFR Ch. I (1–1–16 Edition)

(2) The lines are enclosed in a fuel (b) Have positive stops or suitable
and fume-proof enclosure that is venti- index provisions in the ‘‘on’’ and ‘‘off’’
lated and drained to the exterior of the positions; and
airplane. (c) Be supported so that loads result-
ing from its operation or from acceler-
However, such an enclosure need not be
ated flight conditions are not trans-
used if those lines incorporate no fit-
mitted to the lines connected to the
tings on or within the personnel or valve.
cargo areas and are suitably routed or
protected to prevent accidental dam- § 121.237 Oil lines and fittings in des-
age. ignated fire zones.
(b) Lines that can be isolated from Oil line and fittings in each des-
the rest of the fuel system by valves at ignated fire zone must comply with
each end must incorporate provisions § 121.259.
for relieving excessive pressures that
may result from exposure of the iso- § 121.239 Oil valves.
lated line to high temperatures. (a) Each oil valve must—
§ 121.229 Location of fuel tanks. (1) Comply with § 121.257;
(2) Have positive stops or suitable
(a) Fuel tanks must be located in ac- index provisions in the ‘‘on’’ and ‘‘off’’
cordance with § 121.255. positions; and
(b) No part of the engine nacelle skin (3) Be supported so that loads result-
that lies immediately behind a major ing from its operation or from acceler-
air outlet from the engine compart- ated flight conditions are not trans-
ment may be used as the wall of an in- mitted to the lines attached to the
tegral tank. valve.
(c) Fuel tanks must be isolated from (b) The closing of an oil shutoff
personnel compartments by means of means must not prevent feathering the
fume- and fuel-proof enclosures. propeller, unless equivalent safety pro-
visions are incorporated.
§ 121.231 Fuel system lines and fit-
tings. § 121.241 Oil system drains.
(a) Fuel lines must be installed and Accessible drains incorporating ei-
supported so as to prevent excessive vi- ther a manual or automatic means for
bration and so as to be adequate to positive locking in the closed position,
withstand loads due to fuel pressure must be provided to allow safe drainage
and accelerated flight conditions. of the entire oil system.
(b) Lines connected to components of
the airplanes between which there may § 121.243 Engine breather lines.
be relative motion must incorporate (a) Engine breather lines must be so
provisions for flexibility. arranged that condensed water vapor
(c) Flexible connections in lines that that may freeze and obstruct the line
may be under pressure and subject to cannot accumulate at any point.
axial loading must use flexible hose as- (b) Engine breathers must discharge
semblies rather than hose clamp con- in a location that does not constitute a
nections. fire hazard in case foaming occurs and
(d) Flexible hose must be of an ac- so that oil emitted from the line does
ceptable type or proven suitable for the not impinge upon the pilots’ wind-
particular application. shield.
(c) Engine breathers may not dis-
§ 121.233 Fuel lines and fittings in des- charge into the engine air induction
ignated fire zones.
system.
Fuel lines and fittings in each des-
ignated fire zone must comply with § 121.245 Fire walls.
§ 121.259. Each engine, auxiliary power unit,
fuel-burning heater, or other item of
lpowell on DSK54DXVN1OFR with $$_JOB

§ 121.235 Fuel valves. combustion equipment that is intended


Each fuel valve must— for operation in flight must be isolated
(a) Comply with § 121.257; from the rest of the airplane by means

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Federal Aviation Administration, DOT § 121.259

of firewalls or shrouds, or by other § 121.255 Flammable fluids.


equivalent means.
(a) No tanks or reservoirs that are a
§ 121.247 Fire-wall construction. part of a system containing flammable
fluids or gases may be located in des-
Each fire wall and shroud must— ignated fire zones, except where the
(a) Be so made that no hazardous fluid contained, the design of the sys-
quantity of air, fluids, or flame can tem, the materials used in the tank,
pass from the engine compartment to the shutoff means, and the connec-
other parts of the airplane; tions, lines, and controls provide equiv-
(b) Have all openings in the fire wall alent safety.
or shroud sealed with close-fitting fire-
(b) At least one-half inch of clear air-
proof grommets, bushings, or firewall
space must be provided between any
fittings;
tank or reservoir and a firewall or
(c) Be made of fireproof material; and
shroud isolating a designated fire zone.
(d) Be protected against corrosion.
§ 121.257 Shutoff means.
§ 121.249 Cowling.
(a) Each engine must have a means
(a) Cowling must be made and sup-
for shutting off or otherwise pre-
ported so as to resist the vibration in-
venting hazardous amounts of fuel, oil,
ertia, and air loads to which it may be
deicer, and other flammable fluids
normally subjected.
from flowing into, within, or through
(b) Provisions must be made to allow
any designated fire zone. However,
rapid and complete drainage of the
means need not be provided to shut off
cowling in normal ground and flight at-
flow in lines that are an integral part
titudes. Drains must not discharge in
of an engine.
locations constituting a fire hazard.
Parts of the cowling that are subjected (b) The shutoff means must allow an
to high temperatures because they are emergency operating sequence that is
near exhaust system parts or because compatible with the emergency oper-
of exhaust gas impingement must be ation of other equipment, such as
made of fireproof material. Unless oth- feathering the propeller, to facilitate
erwise specified in these regulations all rapid and effective control of fires.
other parts of the cowling must be (c) Shutoff means must be located
made of material that is at least fire outside of designated fire zones, unless
resistant. equivalent safety is provided, and it
must be shown that no hazardous
§ 121.251 Engine accessory section dia- amount of flammable fluid will drain
phragm. into any designated fire zone after a
Unless equivalent protection can be shut off.
shown by other means, a diaphragm (d) Adequate provisions must be
that complies with § 121.247 must be made to guard against inadvertent op-
provided on air-cooled engines to iso- eration of the shutoff means and to
late the engine power section and all make it possible for the crew to reopen
parts of the exhaust system from the the shutoff means after it has been
engine accessory compartment. closed.

§ 121.253 Powerplant fire protection. § 121.259 Lines and fittings.


(a) Designated fire zones must be pro- (a) Each line, and its fittings, that is
tected from fire by compliance with located in a designated fire zone, if it
§§ 121.255 through 121.261. carries flammable fluids or gases under
(b) Designated fire zones are— pressure, or is attached directly to the
(1) Engine accessory sections; engine, or is subject to relative motion
(2) Installations where no isolation is between components (except lines and
provided between the engine and acces- fittings forming an integral part of the
sory compartment; and engine), must be flexible and fire-re-
lpowell on DSK54DXVN1OFR with $$_JOB

(3) Areas that contain auxiliary sistant with fire-resistant, factory-


power units, fuel-burning heaters, and fixed, detachable, or other approved
other combustion equipment. fire-resistant ends.

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§ 121.261 14 CFR Ch. I (1–1–16 Edition)

(b) Lines and fittings that are not prevent bursting of the container be-
subject to pressure or to relative mo- cause of excessive internal pressures.
tion between components must be of The discharge line from the relief con-
fire-resistant materials. nection must terminate outside the
airplane in a place convenient for in-
§ 121.261 Vent and drain lines. spection on the ground. An indicator
All vent and drain lines and their fit- must be provided at the discharge end
tings, that are located in a designated of the line to provide a visual indica-
fire zone must, if they carry flammable tion when the container has dis-
fluids or gases, comply with § 121.259, if charged.
the Administrator finds that the rup-
ture or breakage of any vent or drain § 121.269 Extinguishing agent con-
line may result in a fire hazard. tainer compartment temperature.
Precautions must be taken to insure
§ 121.263 Fire-extinguishing systems. that the extinguishing agent con-
(a) Unless the certificate holder tainers are installed in places where
shows that equivalent protection reasonable temperatures can be main-
against destruction of the airplane in tained for effective use of the extin-
case of fire is provided by the use of guishing system.
fireproof materials in the nacelle and
other components that would be sub- § 121.271 Fire-extinguishing system
jected to flame, fire-extinguishing sys- materials.
tems must be provided to serve all des- (a) Except as provided in paragraph
ignated fire zones. (b) of this section, each component of a
(b) Materials in the fire-extin- fire-extinguishing system that is in a
guishing system must not react chemi- designated fire zone must be made of
cally with the extinguishing agent so fireproof materials.
as to be a hazard. (b) Connections that are subject to
§ 121.265 Fire-extinguishing agents. relative motion between components of
the airplane must be made of flexible
Only methyl bromide, carbon dioxide, materials that are at least fire-resist-
or another agent that has been shown ant and be located so as to minimize
to provide equivalent extinguishing ac- the probability of failure.
tion may be used as a fire-extin-
guishing agent. If methyl bromide or § 121.273 Fire-detector systems.
any other toxic extinguishing agent is
used, provisions must be made to pre- Enough quick-acting fire detectors
vent harmful concentrations of fluid or must be provided in each designated
fluid vapors from entering any per- fire zone to assure the detection of any
sonnel compartment either because of fire that may occur in that zone.
leakage during normal operation of the § 121.275 Fire detectors.
airplane or because of discharging the
fire extinguisher on the ground or in Fire detectors must be made and in-
flight when there is a defect in the ex- stalled in a manner that assures their
tinguishing system. If a methyl bro- ability to resist, without failure, all vi-
mide system is used, the containers bration, inertia, and other loads to
must be charged with dry agent and which they may be normally subjected.
sealed by the fire-extinguisher manu- Fire detectors must be unaffected by
facturer or some other person using exposure to fumes, oil, water, or other
satisfactory recharging equipment. If fluids that may be present.
carbon dioxide is used, it must not be
possible to discharge enough gas into § 121.277 Protection of other airplane
components against fire.
the personnel compartments to create
a danger of suffocating the occupants. (a) Except as provided in paragraph
(b) of this section, all airplane surfaces
§ 121.267 Extinguishing agent con- aft of the nacelles in the area of one
lpowell on DSK54DXVN1OFR with $$_JOB

tainer pressure relief. nacelle diameter on both sides of the


Extinguishing agent containers must nacelle centerline must be made of ma-
be provided with a pressure relief to terial that is at least fire resistant.

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Federal Aviation Administration, DOT § 121.285

(b) Paragraph (a) of this section does and the maximum weight of cargo that
not apply to tail surfaces lying behind may be carried in the bin.
nacelles unless the dimensional con- (2) The maximum weight of cargo
figuration of the airplane is such that that the bin is approved to carry and
the tail surfaces could be affected read- any instructions necessary to insure
ily by heat, flames, or sparks ema- proper weight distribution within the
nating from a designated fire zone or bin must be conspicuously marked on
from the engine compartment of any the bin.
nacelle. (3) The bin may not impose any load
on the floor or other structure of the
§ 121.279 Control of engine rotation. airplane that exceeds the load limita-
(a) Except as provided in paragraph tions of that structure.
(b) of this section, each airplane must (4) The bin must be attached to the
have a means of individually stopping seat tracks or to the floor structure of
and restarting the rotation of any en- the airplane, and its attachment must
gine in flight. withstand the load factors and emer-
(b) In the case of turbine engine in- gency landing conditions applicable to
stallations, a means of stopping the ro- the passenger seats of the airplane in
tation need be provided only if the Ad- which the bin is installed, multiplied
ministrator finds that rotation could by either the factor 1.15 or the seat at-
jeopardize the safety of the airplane. tachment factor specified for the air-
plane, whichever is greater, using the
§ 121.281 Fuel system independence. combined weight of the bin and the
(a) Each airplane fuel system must be maximum weight of cargo that may be
arranged so that the failure of any one carried in the bin.
component does not result in the irre- (5) The bin may not be installed in a
coverable loss of power of more than position that restricts access to or use
one engine. of any required emergency exit, or of
(b) A separate fuel tank need not be the aisle in the passenger compart-
provided for each engine if the certifi- ment.
cate holder shows that the fuel system (6) The bin must be fully enclosed
incorporates features that provide and made of material that is at least
equivalent safety. flame resistant.
(7) Suitable safeguards must be pro-
§ 121.283 Induction system ice preven- vided within the bin to prevent the
tion. cargo from shifting under emergency
A means for preventing the malfunc- landing conditions.
tioning of each engine due to ice accu- (8) The bin may not be installed in a
mulation in the engine air induction position that obscures any passenger’s
system must be provided for each air- view of the ‘‘seat belt’’ sign ‘‘no smok-
plane. ing’’ sign, or any required exit sign, un-
less an auxiliary sign or other approved
§ 121.285 Carriage of cargo in pas- means for proper notification of the
senger compartments. passenger is provided.
(a) Except as provided in paragraph (c) Cargo may be carried aft of a
(b), (c), or (d) or this section, no certifi- bulkhead or divider in any passenger
cate holder may carry cargo in the pas- compartment provided the cargo is re-
senger compartment of an airplane. strained to the load factors in
(b) Cargo may be carried anywhere in § 25.561(b)(3) and is loaded as follows:
the passenger compartment if it is car- (1) It is properly secured by a safety
ried in an approved cargo bin that belt or other tiedown having enough
meets the following requirements: strength to eliminate the possibility of
(1) The bin must withstand the load shifting under all normally anticipated
factors and emergency landing condi- flight and ground conditions.
tions applicable to the passenger seats (2) It is packaged or covered in a
lpowell on DSK54DXVN1OFR with $$_JOB

of the airplane in which the bin is in- manner to avoid possible injury to pas-
stalled, multiplied by a factor of 1.15, sengers and passenger compartment oc-
using the combined weight of the bin cupants.

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§ 121.287 14 CFR Ch. I (1–1–16 Edition)

(3) It does not impose any load on the airplane a means of unobstructed
seats or the floor structure that ex- exit from the airplane if an emergency
ceeds the load limitation for those occurs.
components.
(4) Its location does not restrict ac- [Doc. No. 6258, 29 FR 19202, Dec. 31, 1964, as
amended by Amdt. 121–179, 47 FR 33390, Aug.
cess to or use of any required emer-
2, 1982; Amdt. 121–251, 60 FR 65928, Dec. 20,
gency or regular exit, or of the aisle in 1995]
the passenger compartment.
(5) Its location does not obscure any § 121.287 Carriage of cargo in cargo
passenger’s view of the ‘‘seat belt’’ compartments.
sign, ‘‘no smoking’’ sign, or required
exit sign, unless an auxiliary sign or When cargo is carried in cargo com-
other approved means for proper notifi- partments that are designed to require
cation of the passenger is provided. the physical entry of a crewmember to
(d) Cargo, including carry-on bag- extinguish any fire that may occur
gage, may be carried anywhere in the during flight, the cargo must be loaded
passenger compartment of a non- so as to allow a crewmember to effec-
transport category airplane type cer- tively reach all parts of the compart-
tificated after December 31, 1964, if it is ment with the contents of a hand fire
carried in an approved cargo rack, bin, extinguisher.
or compartment installed in or on the
airplane, if it is secured by an approved § 121.289 Landing gear: Aural warning
means, or if it is carried in accordance device.
with each of the following: (a) Except for airplanes that comply
(1) For cargo, it is properly secured with the requirements of § 25.729 of this
by a safety belt or other tie-down hav- chapter on or after January 6, 1992,
ing enough strength to eliminate the each airplane must have a landing gear
possibility of shifting under all nor- aural warning device that functions
mally anticipated flight and ground
continuously under the following con-
conditions, or for carry-on baggage, it
ditions:
is restrained so as to prevent its move-
ment during air turbulence. (1) For airplanes with an established
(2) It is packaged or covered to avoid approach wing-flap position, whenever
possible injury to occupants. the wing flaps are extended beyond the
(3) It does not impose any load on maximum certificated approach climb
seats or in the floor structure that ex- configuration position in the Airplane
ceeds the load limitation for those Flight Manual and the landing gear is
components. not fully extended and locked.
(4) It is not located in a position that (2) For airplanes without an estab-
obstructs the access to, or use of, any lished approach climb wing-flap posi-
required emergency or regular exit, or tion, whenever the wing flaps are ex-
the use of the aisle between the crew tended beyond the position at which
and the passenger compartment, or is landing gear extension is normally per-
located in a position that obscures any formed and the landing gear is not
passenger’s view of the ‘‘seat belt’’ fully extended and locked.
sign, ‘‘no smoking’’ sign or placard, or (b) The warning system required by
any required exit sign, unless an auxil- paragraph (a) of this section—
iary sign or other approved means for (1) May not have a manual shutoff;
proper notification of the passengers is
(2) Must be in addition to the throt-
provided.
tle-actuated device installed under the
(5) It is not carried directly above
seated occupants. type certification airworthiness re-
(6) It is stowed in compliance with quirements; and
this section for takeoff and landing. (3) May utilize any part of the throt-
(7) For cargo-only operations, para- tle-actuated system including the
graph (d)(4) of this section does not aural warning device.
lpowell on DSK54DXVN1OFR with $$_JOB

apply if the cargo is loaded so that at


least one emergency or regular exit is
available to provide all occupants of

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Federal Aviation Administration, DOT § 121.291

(c) The flap position sensing unit (1) Demonstrate the effectiveness of
may be installed at any suitable place its crewmember emergency training
in the airplane. and evacuation procedures by con-
ducting a demonstration, not requiring
[Doc. No. 6258, 29 FR 19202, Dec. 31, 1964, as
amended by Amdt. 121–3, 30 FR 3638, Mar. 19, passengers and observed by the Admin-
1965; Amdt. 121–130, 41 FR 47229, Oct. 28, 1976; istrator, in which the flight attendants
Amdt. 121–227, 56 FR 63762, Dec. 5, 1991; Amdt. for that type and model of airplane,
121–251, 60 FR 65929, Dec. 20, 1995] using that operator’s line operating
procedures, open 50 percent of the re-
§ 121.291 Demonstration of emergency quired floor-level emergency exits and
evacuation procedures. 50 percent of the required non-floor-
(a) Except as provided in paragraph level emergency exits whose opening
(a)(1) of this section, each certificate by a flight attendant is defined as an
holder must conduct an actual dem- emergency evacuation duty under
onstration of emergency evacuation § 121.397, and deploy 50 percent of the
procedures in accordance with para- exit slides. The exits and slides will be
graph (a) of appendix D to this part to selected by the administrator and must
show that each type and model of air- be ready for use within 15 seconds;
plane with a seating capacity of more (2) Apply for and obtain approval
than 44 passengers to be used in its pas- from the certificate-holding district of-
senger-carrying operations allows the fice before conducting the demonstra-
evacuation of the full capacity, includ- tion;
ing crewmembers, in 90 seconds or less. (3) Use flight attendants in this dem-
(1) An actual demonstration need not onstration who have been selected at
be conducted if that airplane type and random by the Administrator, have
model has been shown to be in compli- completed the certificate holder’s
ance with this paragraph in effect on or FAA-approved training program for the
after October 24, 1967, or, if during type type and model of airplane, and have
certification, with § 25.803 of this chap- passed a written or practical examina-
ter in effect on or after December 1, tion on the emergency equipment and
1978. procedures; and
(2) Any actual demonstration con- (4) Apply for and obtain approval
ducted after September 27, 1993, must from the certificate-holding district of-
be in accordance with paragraph (a) of fice before commencing operations
appendix D to this part in effect on or with this type and model airplane.
after that date or with § 25.803 in effect (d) Each certificate holder operating
on or after that date. or proposing to operate one or more
(b) Each certificate holder con- landplanes in extended overwater oper-
ducting operations with airplanes with ations, or otherwise required to have
a seating capacity of more than 44 pas- certain equipment under § 121.339, must
sengers must conduct a partial dem- show, by simulated ditching conducted
onstration of emergency evacuation in accordance with paragraph (b) of ap-
procedures in accordance with para- pendix D to this part, that it has the
graph (c) of this section upon: ability to efficiently carry out its
(1) Initial introduction of a type and ditching procedures. For certificate
model of airplane into passenger-car- holders subject to § 121.2(a)(1), this
rying operation; paragraph applies only when a new
(2) Changing the number, location, or type or model airplane is introduced
emergency evacuation duties or proce- into the certificate holder’s operations
dures of flight attendants who are re- after January 19, 1996.
quired by § 121.391; or (e) For a type and model airplane for
(3) Changing the number, location, which the simulated ditching specified
type of emergency exits, or type of in paragraph (d) has been conducted by
opening mechanism on emergency a part 121 certificate holder, the re-
exits available for evacuation. quirements of paragraphs (b)(2), (b)(4),
(c) In conducting the partial dem- and (b)(5) of appendix D to this part are
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onstration required by paragraph (b) of complied with if each life raft is re-
this section, each certificate holder moved from stowage, one life raft is
must: launched and inflated (or one slide life

103

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§ 121.293 14 CFR Ch. I (1–1–16 Edition)

raft is inflated) and crewmembers as- 121.803 must be approved and installed
signed to the inflated life raft display in accordance with the airworthiness
and describe the use of each item of re- requirements applicable to them.
quired emergency equipment. The life (c) Each airspeed indicator must be
raft or slide life raft to be inflated will calibrated in knots, and each airspeed
be selected by the Administrator. limitation and item of related informa-
tion in the Airplane Flight Manual and
[Doc. No. 21269, 46 FR 61453, Dec. 17, 1981, as
amended by Amdt. 121–233, 58 FR 45230, Aug. pertinent placards must be expressed in
26, 1993; Amdt. 121–251, 60 FR 65929, Dec. 20, knots.
1995; Amdt. 121–307, 69 FR 67499, Nov. 17, 2004] (d) Except as provided in §§ 121.627(b)
and 121.628, no person may take off any
§ 121.293 Special airworthiness re- airplane unless the following instru-
quirements for nontransport cat- ments and equipment are in operable
egory airplanes type certificated condition:
after December 31, 1964. (1) Instruments and equipment re-
No certificate holder may operate a quired to comply with airworthiness
nontransport category airplane manu- requirements under which the airplane
factured after December 20, 1999 unless is type certificated and as required by
the airplane contains a takeoff warning §§ 121.213 through 121.283 and 121.289.
system that meets the requirements of (2) Instruments and equipment speci-
14 CFR 25.703. However, the takeoff fied in §§ 121.305 through 121.321, 121.359,
warning system does not have to cover 121.360, and 121.803 for all operations,
any device for which it has been dem- and the instruments and equipment
onstrated that takeoff with that device specified in §§ 121.323 through 121.351 for
in the most adverse position would not the kind of operation indicated, wher-
create a hazardous condition. ever these items are not already re-
quired by paragraph (d)(1) of this sec-
[Doc. No. 28154, 60 FR 65929, Dec. 20, 1995]
tion.
§ 121.295 Location for a suspect device. [Doc. No. 6258, 29 FR 19202, Dec. 31, 1964, as
After November 28, 2009, all airplanes amended by Amdt. 121–44, 33 FR 14406, Sept.
25, 1968; Amdt. 121–65, 35 FR 12709, Aug. 11,
with a maximum certificated passenger 1970; Amdt. 121–114, 39 FR 44440, Dec. 24, 1974;
seating capacity of more than 60 per- Amdt. 121–126, 40 FR 55314, Nov. 28, 1975;
sons must have a location where a sus- Amdt. 121–222, 56 FR 12310, Mar. 22, 1991;
pected explosive or incendiary device Amdt. 121–253, 61 FR 2611, Jan. 26, 1996; Amdt.
found in flight can be placed to mini- 121–281, 66 FR 19043, Apr. 12, 2001]
mize the risk to the airplane.
§ 121.305 Flight and navigational
[Doc. No. FAA–2006–26722, 73 FR 63880, Oct. equipment.
28, 2008]
No person may operate an airplane
unless it is equipped with the following
Subpart K—Instrument and flight and navigational instruments
Equipment Requirements and equipment:
(a) An airspeed indicating system
SOURCE: Docket No. 6258, 29 FR 19205, Dec. with heated pitot tube or equivalent
31, 1964, unless otherwise noted. means for preventing malfunctioning
due to icing.
§ 121.301 Applicability. (b) A sensitive altimeter.
This subpart prescribes instrument (c) A sweep-second hand clock (or ap-
and equipment requirements for all proved equivalent).
certificate holders. (d) A free-air temperature indicator.
(e) A gyroscopic bank and pitch indi-
§ 121.303 Airplane instruments and cator (artificial horizon).
equipment. (f) A gyroscopic rate-of-turn indi-
(a) Unless otherwise specified, the in- cator combined with an integral slip-
strument and equipment requirements skid indicator (turn-and-bank indi-
of this subpart apply to all operations cator) except that only a slip-skid indi-
lpowell on DSK54DXVN1OFR with $$_JOB

under this part. cator is required when a third attitude


(b) Instruments and equipment re- instrument system usable through
quired by §§ 121.305 through 121.359 and flight attitudes of 360° of pitch and roll

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Federal Aviation Administration, DOT § 121.307

is installed in accordance with para- (6) Is appropriately lighted during all


graph (k) of this section. phases of operation.
(g) A gyroscopic direction indicator [Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as
(directional gyro or equivalent). amended by Amdt. 121–57, 35 FR 304, Jan. 8,
(h) A magnetic compass. 1970; Amdt. 121–60, 35 FR 7108, May 6, 1970;
(i) A vertical speed indicator (rate-of- Amdt. 121–81, 36 FR 23050, Dec. 3, 1971; Amdt.
121–130, 41 FR 47229, Oct. 28, 1976; Amdt. 121–
climb indicator).
230, 58 FR 12158, Mar. 3, 1993; Amdt. 121–251, 60
(j) On the airplane described in this FR 65929, Dec. 20, 1995; Amdt. 121–262, 62 FR
paragraph, in addition to two gyro- 13256, Mar. 19, 1997]
scopic bank and pitch indicators (arti-
ficial horizons) for use at the pilot sta- § 121.306 Portable electronic devices.
tions, a third such instrument is in- (a) Except as provided in paragraph
stalled in accordance with paragraph (b) of this section, no person may oper-
(k) of this section: ate, nor may any operator or pilot in
(1) On each turbojet powered air- command of an aircraft allow the oper-
plane. ation of, any portable electronic device
(2) On each turbopropeller powered on any U.S.-registered civil aircraft op-
airplane having a passenger-seat con- erating under this part.
figuration of more than 30 seats, ex- (b) Paragraph (a) of this section does
cluding each crewmember seat, or a not apply to—
(1) Portable voice recorders;
payload capacity of more than 7,500
(2) Hearing aids;
pounds.
(3) Heart pacemakers;
(3) On each turbopropeller powered (4) Electric shavers; or
airplane having a passenger-seat con- (5) Any other portable electronic de-
figuration of 30 seats or fewer, exclud- vice that the part 119 certificate holder
ing each crewmember seat, and a pay- has determined will not cause inter-
load capacity of 7,500 pounds or less ference with the navigation or commu-
that is manufactured on or after March nication system of the aircraft on
20, 1997. which it is to be used.
(4) After December 20, 2010, on each (c) The determination required by
turbopropeller powered airplane having paragraph (b)(5) of this section shall be
a passenger seat configuration of 10–30 made by that part 119 certificate holder
seats and a payload capacity of 7,500 operating the particular device to be
pounds or less that was manufactured used.
before March 20, 1997. [Doc. No. FAA–1998–4954, 64 FR 1080, Jan. 7,
(k) When required by paragraph (j) of 1999]
this section, a third gyroscopic bank-
and-pitch indicator (artificial horizon) § 121.307 Engine instruments.
that: Unless the Administrator allows or
(1) Is powered from a source inde- requires different instrumentation for
pendent of the electrical generating turbine engine powered airplanes to
system; provide equivalent safety, no person
(2) Continues reliable operation for a may conduct any operation under this
minimum of 30 minutes after total fail- part without the following engine in-
ure of the electrical generating system; struments:
(a) A carburetor air temperature in-
(3) Operates independently of any
dicator for each engine.
other attitude indicating system;
(b) A cylinder head temperature indi-
(4) Is operative without selection cator for each air-cooled engine.
after total failure of the electrical gen- (c) A fuel pressure indicator for each
erating system; engine.
(5) Is located on the instrument panel (d) A fuel flowmeter or fuel mixture
in a position acceptable to the Admin- indicator for each engine not equipped
istrator that will make it plainly visi- with an automatic altitude mixture
lpowell on DSK54DXVN1OFR with $$_JOB

ble to and usable by each pilot at his or control.


her station; and (e) A means for indicating fuel quan-
tity in each fuel tank to be used.

105

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§ 121.308 14 CFR Ch. I (1–1–16 Edition)

(f) A manifold pressure indicator for (2) may operate an airplane with a pas-
each engine. senger seat configuration of 30 or fewer
(g) An oil pressure indicator for each seats that does not comply with the
engine. smoke detector system requirements
(h) An oil quantity indicator for each described in paragraph (a) of this sec-
oil tank when a transfer or separate oil tion and the fire extinguisher require-
reserve supply is used. ments described in paragraph (b) of
(i) An oil-in temperature indicator this section.
for each engine. (d) After December 22, 1997, no person
(j) A tachometer for each engine. may operate a nontransport category
(k) An independent fuel pressure airplane type certificated after Decem-
warning device for each engine or a ber 31, 1964, with a passenger seat con-
master warning device for all engines figuration of 10–19 seats unless that
with a means for isolating the indi- airplane complies with the smoke de-
vidual warning circuits from the mas- tector system requirements described
ter warning device. in paragraph (a) of this section, except
(l) A device for each reversible pro- that the smoke detector system or
peller, to indicate to the pilot when the equivalent must provide a warning
propeller is in reverse pitch, that com- light in the cockpit or an audio warn-
plies with the following: ing that would be readily detected by
(1) The device may be actuated at the flightcrew.
any point in the reversing cycle be-
[Doc. No. 28154, 60 FR 65929, Dec. 20, 1995]
tween the normal low pitch stop posi-
tion and full reverse pitch, but it may § 121.309 Emergency equipment.
not give an indication at or above the
normal low pitch stop position. (a) General: No person may operate
(2) The source of indication must be an airplane unless it is equipped with
actuated by the propeller blade angle the emergency equipment listed in this
or be directly responsive to it. section and in § 121.310.
(b) Each item of emergency and flo-
§ 121.308 Lavatory fire protection. tation equipment listed in this section
(a) Except as provided in paragraphs and in §§ 121.310, 121.339, and 121.340—
(c) and (d) of this section, no person (1) Must be inspected regularly in ac-
may operate a passenger-carrying air- cordance with inspection periods estab-
plane unless each lavatory in the air- lished in the operations specifications
plane is equipped with a smoke detec- to ensure its condition for continued
tor system or equivalent that provides serviceability and immediate readiness
a warning light in the cockpit or pro- to perform its intended emergency pur-
vides a warning light or audio warning poses;
in the passenger cabin which would be (2) Must be readily accessible to the
readily detected by a flight attendant, crew and, with regard to equipment lo-
taking into consideration the posi- cated in the passenger compartment,
tioning of flight attendants throughout to passengers;
the passenger compartment during var- (3) Must be clearly identified and
ious phases of flight. clearly marked to indicate its method
(b) Except as provided in paragraph of operation; and
(c) of this section, no person may oper- (4) When carried in a compartment or
ate a passenger-carrying airplane un- container, must be carried in a com-
less each lavatory in the airplane is partment or container marked as to
equipped with a built-in fire extin- contents and the compartment or con-
guisher for each disposal receptacle for tainer, or the item itself, must be
towels, paper, or waste located within marked as to date of last inspection.
the lavatory. The built-in fire extin- (c) Hand fire extinguishers for crew,
guisher must be designed to discharge passenger, cargo, and galley compart-
automatically into each disposal recep- ments. Hand fire extinguishers of an ap-
tacle upon occurrence of a fire in the proved type must be provided for use in
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receptacle. crew, passenger, cargo, and galley com-


(c) Until December 22, 1997, a certifi- partments in accordance with the fol-
cate holder described in § 121.2(a) (1) or lowing:

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Federal Aviation Administration, DOT § 121.310

(1) The type and quantity of extin- located and easily accessible for use in
guishing agent must be suitable for the the galley.
kinds of fires likely to occur in the (7) At least two of the required hand
compartment where the extinguisher is fire extinguisher installed in pas-
intended to be used and, for passenger senger-carrying airplanes must contain
compartments, must be designed to Halon 1211
minimize the hazard of toxic gas con- (bromochlorofluoromethane) or equiva-
centrations. lent as the extinguishing agent. At
(2) Cargo compartments. At least one least one hand fire extinguisher in the
hand fire extinguisher must be conven- passenger compartment must contain
iently located for use in each class E Halon 1211 or equivalent.
cargo compartment that is accessible (d) [Reserved]
to crewmembers during flight. (e) Crash ax. Except for nontransport
(3) Galley compartments. At least one category airplanes type certificated
hand fire extinguisher must be conven- after December 31, 1964, each airplane
iently located for use in each galley lo- must be equipped with a crash ax.
cated in a compartment other than a (f) Megaphones. Each passenger-car-
passenger, cargo, or crew compart- rying airplane must have a portable
ment. battery-powered megaphone or mega-
(4) Flightcrew compartment. At least phones readily accessible to the crew-
one hand fire extinguisher must be con- members assigned to direct emergency
veniently located on the flight deck for evacuation, installed as follows:
use by the flightcrew. (1) One megaphone on each airplane
(5) Passenger compartments. Hand fire with a seating capacity of more than 60
extinguishers for use in passenger com- and less than 100 passengers, at the
partments must be conveniently lo- most rearward location in the pas-
cated and, when two or more are re- senger cabin where it would be readily
quired, uniformly distributed through- accessible to a normal flight attendant
out each compartment. Hand fire ex- seat. However, the Administrator may
tinguishers shall be provided in pas- grant a deviation from the require-
senger compartments as follows: ments of this subparagraph if he finds
(i) For airplanes having passenger that a different location would be more
seats accommodating more than 6 but useful for evacuation of persons during
fewer than 31 passengers, at least one. an emergency.
(ii) For airplanes having passenger (2) Two megaphones in the passenger
seats accommodating more than 30 but cabin on each airplane with a seating
fewer than 61 passengers, at least two. capacity of more than 99 passengers,
(iii) For airplanes having passenger one installed at the forward end and
seats accommodating more than 60 pas- the other at the most rearward loca-
sengers, there must be at least the fol- tion where it would be readily acces-
lowing number of hand fire extin- sible to a normal flight attendant seat.
guishers: [Doc. No. 6258, 29 FR 19205, Dec. 31, 1964]
EDITORIAL NOTE: For FEDERAL REGISTER ci-
MINIMUM NUMBER OF HAND FIRE tations affecting § 121.309, see the List of CFR
EXTINGUISHERS Sections Affected, which appears in the
Passenger seating accommodations: Finding Aids section of the printed volume
61 through 200 ................................. 3 and at www.fdsys.gov.
201 through 300 ............................... 4
301 through 400 ............................... 5 § 121.310 Additional emergency equip-
401 through 500 ............................... 6 ment.
501 through 600 ............................... 7 (a) Means for emergency evacuation.
601 or more ..................................... 8
Each passenger-carrying landplane
(6) Notwithstanding the requirement emergency exit (other than over-the-
for uniform distribution of hand fire wing) that is more than 6 feet from the
extinguishers as prescribed in para- ground with the airplane on the ground
graph (c)(5) of this section, for those and the landing gear extended, must
lpowell on DSK54DXVN1OFR with $$_JOB

cases where a galley is located in a pas- have an approved means to assist the
senger compartment, at least one hand occupants in descending to the ground.
fire extinguisher must be conveniently The assisting means for a floor-level

107

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§ 121.310 14 CFR Ch. I (1–1–16 Edition)

emergency exit must meet the require- (i) Except as provided in paragraph
ments of § 25.809(f)(1) of this chapter in (b)(2)(iii) of this section, for an air-
effect on April 30, 1972, except that, for plane for which the application for the
any airplane for which the application type certificate was filed prior to May
for the type certificate was filed after 1, 1972, each passenger emergency exit
that date, it must meet the require- marking and each locating sign must
ments under which the airplane was be manufactured to meet the require-
type certificated. An assisting means ments of § 25.812(b) of this chapter in ef-
that deploys automatically must be fect on April 30, 1972. On these air-
armed during taxiing, takeoffs, and planes, no sign may continue to be
landings. However, if the Adminis- used if its luminescence (brightness)
trator finds that the design of the exit decreases to below 100 microlamberts.
makes compliance impractical, he may The colors may be reversed if it in-
grant a deviation from the requirement creases the emergency illumination of
of automatic deployment if the assist- the passenger compartment. However,
ing means automatically erects upon the Administrator may authorize devi-
deployment and, with respect to re- ation from the 2-inch background re-
quired emergency exits, if an emer- quirements if he finds that special cir-
gency evacuation demonstration is cumstances exist that make compli-
conducted in accordance with ance impractical and that the proposed
§ 121.291(a). This paragraph does not deviation provides an equivalent level
apply to the rear window emergency of safety.
exit of DC–3 airplanes operated with (ii) For a transport category airplane
less than 36 occupants, including crew- for which the application for the type
members and less than five exits au- certificate was filed on or after May 1,
thorized for passenger use. 1972, each passenger emergency exit
(b) Interior emergency exit marking. marking and each locating sign must
The following must be complied with be manufactured to meet the interior
for each passenger-carrying airplane: emergency exit marking requirements
under which the airplane was type cer-
(1) Each passenger emergency exit,
tificated. On these airplanes, no sign
its means of access, and its means of
may continue to be used if its lumines-
opening must be conspicuously
cence (brightness) decreases to below
marked. The identity and location of
250 microlamberts.
each passenger emergency exit must be
(iii) For a nontransport category tur-
recognizable from a distance equal to
bopropeller powered airplane type cer-
the width of the cabin. The location of
tificated after December 31, 1964, each
each passenger emergency exit must be
passenger emergency exit marking and
indicated by a sign visible to occupants each locating sign must be manufac-
approaching along the main passenger tured to meet the requirements of
aisle. There must be a locating sign— § 23.811(b) of this chapter. On these air-
(i) Above the aisle near each over- planes, no sign may continue to be
the-wing passenger emergency exit, or used if its luminescence (brightness)
at another ceiling location if it is more decreases to below 100 microlamberts.
practical because of low headroom; (c) Lighting for interior emergency exit
(ii) Next to each floor level passenger markings. Except for nontransport cat-
emergency exit, except that one sign egory airplanes type certificated after
may serve two such exits if they both December 31, 1964, each passenger-car-
can be seen readily from that sign; and rying airplane must have an emergency
(iii) On each bulkhead or divider that lighting system, independent of the
prevents fore and aft vision along the main lighting system. However,
passenger cabin, to indicate emergency sources of general cabin illumination
exits beyond and obscured by it, except may be common to both the emergency
that if this is not possible the sign may and the main lighting systems if the
be placed at another appropriate loca- power supply to the emergency light-
tion. ing system is independent of the power
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(2) Each passenger emergency exit supply to the main lighting system.
marking and each locating sign must The emergency lighting system
meet the following: must—

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Federal Aviation Administration, DOT § 121.310

(1) Illuminate each passenger exit 1972, the location of each passenger
marking and locating sign; emergency exit operating handle, and
(2) Provide enough general lighting instructions for opening the exit, must
in the passenger cabin so that the aver- be shown by a marking on or near the
age illumination when measured at 40- exit that is readable from a distance of
inch intervals at seat armrest height, 30 inches. In addition, for each Type I
on the centerline of the main passenger and Type II emergency exit with a
aisle, is at least 0.05 foot-candles; and locking mechanism released by rotary
(3) For airplanes type certificated motion of the handle, the instructions
after January 1, 1958, after November for opening must be shown by—
26, 1986, include floor proximity emer- (i) A red arrow with a shaft at least
gency escape path marking which three-fourths inch wide and a head
meets the requirements of § 25.812(e) of
twice the width of the shaft, extending
this chapter in effect on November 26,
along at least 70° of arc at a radius ap-
1984.
proximately equal to three-fourths of
(d) Emergency light operation. Except
the handle length; and
for lights forming part of emergency
lighting subsystems provided in com- (ii) The word ‘‘open’’ in red letters 1
pliance with § 25.812(h) of this chapter inch high placed horizontally near the
(as prescribed in paragraph (h) of this head of the arrow.
section) that serve no more than one (2) For a passenger-carrying airplane
assist means, are independent of the for which the application for the type
airplane’s main emergency lighting certificate was filed on or after May 1,
systems, and are automatically acti- 1972, the location of each passenger
vated when the assist means is de- emergency exit operating handle and
ployed, each light required by para- instructions for opening the exit must
graphs (c) and (h) of this section must be shown in accordance with the re-
comply with the following: quirements under which the airplane
(1) Each light must— was type certificated. On these air-
(i) Be operable manually both from planes, no operating handle or oper-
the flightcrew station and, for air- ating handle cover may continue to be
planes on which a flight attendant is used if its luminescence (brightness)
required, from a point in the passenger decreases to below 100 microlamberts.
compartment that is readily accessible (f) Emergency exit access. Access to
to a normal flight attendant seat; emergency exits must be provided as
(ii) Have a means to prevent inad- follows for each passenger-carrying
vertent operation of the manual con- transport category airplane:
trols; and
(1) Each passage way between indi-
(iii) When armed or turned on at ei-
vidual passenger areas, or leading to a
ther station, remain lighted or become
Type I or Type II emergency exit, must
lighted upon interruption of the air-
plane’s normal electric power. be unobstructed and at least 20 inches
(2) Each light must be armed or wide.
turned on during taxiing, takeoff, and (2) For each Type I or Type II emer-
landing. In showing compliance with gency exit equipped with an assist
this paragraph a transverse vertical means, there must be enough space
separation of the fuselage need not be next to the exit to allow a crewmember
considered. to assist in the evacuation of pas-
(3) Each light must provide the re- sengers without reducing the unob-
quired level of illumination for at least structed width of the passageway below
10 minutes at the critical ambient con- that required in paragraph (f)(1) of this
ditions after emergency landing. section. In addition, all airplanes man-
(4) Each light must have a cockpit ufactured on or after November 26, 2008
control device that has an ‘‘on,’’ ‘‘off,’’ must comply with the provisions of
and ‘‘armed’’ position. §§ 25.813(b)(1), (b)(2), (b)(3) and (b)(4) in
(e) Emergency exit operating handles. effect on November 26, 2004. However, a
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(1) For a passenger-carrying airplane deviation from this requirement may


for which the application for the type be authorized for an airplane certifi-
certificate was filed prior to May 1, cated under the provisions of part 4b of

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§ 121.310 14 CFR Ch. I (1–1–16 Edition)

the Civil Air Regulations in effect be- a description of the steps taken to
fore December 20, 1951, if the Adminis- achieve a level of safety as close to
trator finds that special circumstances that intended by § 25.813(c)(1)(i) or (ii)
exist that provide an equivalent level as is practical.
of safety. (v) The Manager of the Transport
(3) There must be access from the Airplane Directorate, Aircraft Certifi-
main aisle to each Type III and Type cation Service, Federal Aviation Ad-
IV exit. The access from the aisle to ministration, may also authorize a
these exits must not be obstructed by compliance date later than December
seats, berths, or other protrusions in a 3, 1992, if it is determined that special
manner that would reduce the effec- circumstances make compliance by
tiveness of the exit. In addition— that date impractical. A request for
(i) For an airplane for which the ap- such grant of deviation must outline
plication for the type certificate was the airplanes for which compliance will
filed prior to May 1, 1972, the access be achieved by December 3, 1992, and
must meet the requirements of include a proposed schedule for incre-
§ 25.813(c) of this chapter in effect on mental compliance of the remaining
April 30, 1972; and airplanes in the operator’s fleet. In ad-
(ii) For an airplane for which the ap- dition, the request must include cred-
plication for the type certificate was ible reasons why compliance cannot be
filed on or after May 1, 1972, the access achieved earlier.
must meet the emergency exit access (4) If it is necessary to pass through
requirements under which the airplane a passageway between passenger com-
was type certificated; except that, partments to reach any required emer-
(iii) After December 3, 1992, the ac- gency exit from any seat in the pas-
cess for an airplane type certificated senger cabin, the passageway must not
after January 1, 1958, must meet the re- be obstructed. However, curtains may
quirements of § 25.813(c) of this chapter,
be used if they allow free entry
effective June 3, 1992.
through the passageway.
(iv) Contrary provisions of this sec-
(5) No door may be installed in any
tion notwithstanding, the Manager of
the Transport Airplane Directorate, partition between passenger compart-
Aircraft Certification Service, Federal ments.
Aviation Administration, may author- (6) No person may operate an air-
ize deviation from the requirements of plane manufactured after November 27,
paragraph (f)(3)(iii) of this section if it 2006, that incorporates a door installed
is determined that special cir- between any passenger seat occupiable
cumstances make compliance imprac- for takeoff and landing and any pas-
tical. Such special circumstances in- senger emergency exit, such that the
clude, but are not limited to, the fol- door crosses any egress path (including
lowing conditions when they preclude aisles, crossaisles and passageways).
achieving compliance with (7) If it is necessary to pass through
§ 25.813(c)(1)(i) or (ii) without a reduc- a doorway separating the passenger
tion in the total number of passenger cabin from other areas to reach re-
seats: emergency exits located in close quired emergency exit from any pas-
proximity to each other; fixed installa- senger seat, the door must have a
tions such as lavatories, galleys, etc.; means to latch it in open position, and
permanently mounted bulkheads; an the door must be latched open during
insufficient number of rows ahead of or each takeoff and landing. The latching
behind the exit to enable compliance means must be able to withstand the
without a reduction in the seat row loads imposed upon it when the door is
pitch of more than one inch; or an in- subjected to the ultimate inertia
sufficient number of such rows to en- forces, relative to the surrounding
able compliance without a reduction in structure, listed in § 25.561(b) of this
the seat row pitch to less than 30 chapter.
inches. A request for such grant of de- (g) Exterior exit markings. Each pas-
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viation must include credible reasons senger emergency exit and the means
as to why literal compliance with of opening that exit from the outside
§ 25.813(c)(1)(i) or (ii) is impractical and must be marked on the outside of the

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Federal Aviation Administration, DOT § 121.310

airplane. There must be a 2-inch col- (ii) For an airplane for which the ap-
ored band outlining each passenger plication for the type certificate was
emergency exit on the side of the fuse- filed on or after May 1, 1972, the slip-re-
lage. Each outside marking, including sistant escape route requirements
the band, must be readily distinguish- under which the airplane was type cer-
able from the surrounding fuselage tificated.
area by contrast in color. The mark- (i) Floor level exits. Each floor level
ings must comply with the following: door or exit in the side of the fuselage
(1) If the reflectance of the darker (other than those leading into a cargo
color is 15 percent or less, the reflec- or baggage compartment that is not
tance of the lighter color must be at accessible from the passenger cabin)
least 45 percent. that is 44 or more inches high and 20 or
(2) If the reflectance of the darker more inches wide, but not wider than
color is greater than 15 percent, at 46 inches, each passenger ventral exit
least a 30 percent difference between (except the ventral exits on M–404 and
its reflectance and the reflectance of CV–240 airplanes), and each tail cone
the lighter color must be provided. exit, must meet the requirements of
(3) Exits that are not in the side of this section for floor level emergency
the fuselage must have the external exits. However, the Administrator may
grant a deviation from this paragraph
means of opening and applicable in-
if he finds that circumstances make
structions marked conspicuously in red
full compliance impractical and that
or, if red is inconspicuous against the
an acceptable level of safety has been
background color, in bright chrome
achieved.
yellow and, when the opening means
(j) Additional emergency exits. Ap-
for such an exit is located on only one
proved emergency exits in the pas-
side of the fuselage, a conspicuous
senger compartments that are in ex-
marking to that effect must be pro-
cess of the minimum number of re-
vided on the other side. Reflectance is
quired emergency exits must meet all
the ratio of the luminous flux reflected
of the applicable provisions of this sec-
by a body to the luminous flux it re-
tion except paragraphs (f)(1), (2), and
ceives.
(3) of this section and must be readily
(h) Exterior emergency lighting and es- accessible.
cape route. (1) Except for nontransport (k) On each large passenger-carrying
category airplanes certificated after turbojet-powered airplane, each ven-
December 31, 1964, each passenger-car- tral exit and tailcone exit must be—
rying airplane must be equipped with (1) Designed and constructed so that
exterior lighting that meets the fol- it cannot be opened during flight; and
lowing requirements: (2) Marked with a placard readable
(i) For an airplane for which the ap- from a distance of 30 inches and in-
plication for the type certificate was stalled at a conspicuous location near
filed prior to May 1, 1972, the require- the means of opening the exit, stating
ments of § 25.812 (f) and (g) of this chap- that the exit has been designed and
ter in effect on April 30, 1972. constructed so that it cannot be opened
(ii) For an airplane for which the ap- during flight.
plication for the type certificate was (l) Emergency exit features. (1) Each
filed on or after May 1, 1972, the exte- transport category airplane manufac-
rior emergency lighting requirements tured after November 26, 2007 must com-
under which the airplane was type cer- ply with the provisions of § 25.809(i) and
tificated. (2) After November 26, 2007 each
(2) Each passenger-carrying airplane transport category airplane must com-
must be equipped with a slip-resistant ply with the provisions of
escape route that meets the following § 25.813(b)(6)(ii) in effect on November
requirements: 26, 2007.
(i) For an airplane for which the ap- (m) Except for an airplane used in op-
plication for the type certificate was erations under this part on October 16,
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filed prior to May 1, 1972, the require- 1987, and having an emergency exit
ments of § 25.803(e) of this chapter in ef- configuration installed and authorized
fect on April 30, 1972. for operation prior to October 16, 1987,

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§ 121.311 14 CFR Ch. I (1–1–16 Edition)

for an airplane that is required to have (2) Notwithstanding any other re-
more than one passenger emergency quirement of this chapter, occupy an
exit for each side of the fuselage, no approved child restraint system fur-
passenger emergency exit shall be nished by the certificate holder or one
more than 60 feet from any adjacent of the persons described in paragraph
passenger emergency exit on the same (b)(2)(i) of this section, provided:
side of the same deck of the fuselage, (i) The child is accompanied by a par-
as measured parallel to the airplane’s ent, guardian, or attendant designated
longitudinal axis between the nearest by the child’s parent or guardian to at-
exit edges. tend to the safety of the child during
(n) Portable lights. No person may op- the flight;
erate a passenger-carrying airplane un- (ii) Except as provided in paragraph
less it is equipped with flashlight stow- (b)(2)(ii)(D) of this section, the ap-
age provisions accessible from each proved child restraint system bears one
flight attendant seat. or more labels as follows:
[Doc. No. 2033, 30 FR 3205, Mar. 9, 1965] (A) Seats manufactured to U.S.
standards between January 1, 1981, and
EDITORIAL NOTE: For FEDERAL REGISTER ci- February 25, 1985, must bear the label:
tations affecting § 121.310, see the List of CFR ‘‘This child restraint system conforms
Sections Affected, which appears in the
Finding Aids section of the printed volume
to all applicable Federal motor vehicle
and at www.fdsys.gov. safety standards.’’
(B) Seats manufactured to U.S.
§ 121.311 Seats, safety belts, and shoul- standards on or after February 26, 1985,
der harnesses. must bear two labels:
(a) No person may operate an air- (1) ‘‘This child restraint system con-
plane unless there are available during forms to all applicable Federal motor
the takeoff, en route flight, and land- vehicle safety standards’’; and
ing— (2) ‘‘THIS RESTRAINT IS CER-
(1) An approved seat or berth for each TIFIED FOR USE IN MOTOR VEHI-
person on board the airplane who has CLES AND AIRCRAFT’’ in red let-
reached his second birthday; and tering;
(2) An approved safety belt for sepa- (C) Seats that do not qualify under
rate use by each person on board the paragraphs (B)(2)(ii)(A) and (b)(2)(ii)(B)
airplane who has reached his second of this section must bear a label or
birthday, except that two persons occu- markings showing:
pying a berth may share one approved (1) That the seat was approved by a
safety belt and two persons occupying foreign government;
a multiple lounge or divan seat may (2) That the seat was manufactured
share one approved safety belt during under the standards of the United Na-
en route flight only. tions;
(b) Except as provided in this para- (3) That the seat or child restraint
graph, each person on board an air- device furnished by the certificate
plane operated under this part shall oc- holder was approved by the FAA
cupy an approved seat or berth with a through Type Certificate or Supple-
separate safety belt properly secured mental Type Certificate; or
about him or her during movement on (4) That the seat or child restraint
the surface, takeoff, and landing. A device furnished by the certificate
safety belt provided for the occupant of holder, or one of the persons described
a seat may not be used by more than in paragraph (b)(2)(i) of this section,
one person who has reached his or her was approved by the FAA in accord-
second birthday. Notwithstanding the ance with § 21.8(d) of this chapter or
preceding requirements, a child may: Technical Standard Order C–100b, or a
(1) Be held by an adult who is occu- later version. The child restraint de-
pying an approved seat or berth, pro- vice manufactured by AmSafe, Inc.
vided the child has not reached his or (CARES, Part No. 4082) and approved
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her second birthday and the child does by the FAA in accordance with
not occupy or use any restraining de- § 21.305(d) (2010 ed.) of this chapter may
vice; or continue to bear a label or markings

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Federal Aviation Administration, DOT § 121.311

showing FAA approval in accordance section or, consistent with safe oper-
with § 21.305(d) (2010 ed.) of this chapter. ating practices, determining the most
(D) Except as provided in appropriate passenger seat location for
§ 121.311(b)(2)(ii)(C)(3) and the child restraint system.
§ 121.311(b)(2)(ii)(C)(4), booster-type (d) Each sideward facing seat must
child restraint systems (as defined in comply with the applicable require-
Federal Motor Vehicle Safety Standard ments of § 25.785(c) of this chapter.
No. 213 (49 CFR 571.213)), vest- and har- (e) Except as provided in paragraphs
ness-type child restraint systems, and (e)(1) through (e)(3) of this section, no
lap held child restraints are not ap- certificate holder may take off or land
proved for use in aircraft; and an airplane unless each passenger seat
(iii) The certificate holder complies back is in the upright position. Each
with the following requirements: passenger shall comply with instruc-
(A) The restraint system must be tions given by a crewmember in com-
properly secured to an approved for- pliance with this paragraph.
ward-facing seat or berth; (1) This paragraph does not apply to
(B) The child must be properly se- seat backs placed in other than the up-
cured in the restraint system and must right position in compliance with
not exceed the specified weight limit § 121.310(f)(3).
for the restraint system; and (2) This paragraph does not apply to
(C) The restraint system must bear seats on which cargo or persons who
the appropriate label(s). are unable to sit erect for a medical
(c) Except as provided in paragraph reason are carried in accordance with
(c)(3) of this section, the following pro- procedures in the certificate holder’s
hibitions apply to certificate holders: manual if the seat back does not ob-
(1) Except as provided in struct any passenger’s access to the
§ 121.311(b)(2)(ii)(C)(3) and aisle or to any emergency exit.
§ 121.311(b)(2)(ii)(C)(4), no certificate (3) On airplanes with no flight at-
holder may permit a child, in an air- tendant, the certificate holder may
craft, to occupy a booster-type child take off or land as long as the
restraint system, a vest-type child re- flightcrew instructs each passenger to
straint system, a harness-type child re- place his or her seat back in the up-
straint system, or a lap held child re- right position for takeoff and landing.
straint system during take off, landing, (f) No person may operate a transport
and movement on the surface. category airplane that was type certifi-
(2) Except as required in paragraph cated after January 1, 1958, or a non-
(c)(1) of this section, no certificate transport category airplane manufac-
holder may prohibit a child, if re- tured after March 20, 1997, unless it is
quested by the child’s parent, guardian, equipped at each flight deck station
or designated attendant, from occu- with a combined safety belt and shoul-
pying a child restraint system fur- der harness that meets the applicable
nished by the child’s parent, guardian, requirements specified in § 25.785 of this
or designated attendant provided— chapter, effective March 6, 1980, except
(i) The child holds a ticket for an ap- that—
proved seat or berth or such seat or (1) Shoulder harnesses and combined
berth is otherwise made available by safety belt and shoulder harnesses that
the certificate holder for the child’s were approved and installed before
use; March 6, 1980, may continue to be used;
(ii) The requirements of paragraph and
(b)(2)(i) of this section are met; (2) Safety belt and shoulder harness
(iii) The requirements of paragraph restraint systems may be designed to
(b)(2)(iii) of this section are met; and the inertia load factors established
(iv) The child restraint system has under the certification basis of the air-
one or more of the labels described in plane.
paragraphs (b)(2)(ii)(A) through (g) Each flight attendant must have a
(b)(2)(ii)(C) of this section. seat for takeoff and landing in the pas-
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(3) This section does not prohibit the senger compartment that meets the re-
certificate holder from providing child quirements of § 25.785 of this chapter,
restraint systems authorized by this effective March 6, 1980, except that—

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§ 121.312 14 CFR Ch. I (1–1–16 Edition)

(1) Combined safety belt and shoulder Finding Aids section of the printed volume
harnesses that were approved and in- and at www.fdsys.gov.
stalled before March, 6, 1980, may con-
tinue to be used; and § 121.312 Materials for compartment
interiors.
(2) Safety belt and shoulder harness
restraint systems may be designed to (a) All interior materials; transport cat-
the inertia load factors established egory airplanes and nontransport cat-
under the certification basis of the air- egory airplanes type certificated before
plane. January 1, 1965. Except for the mate-
(3) The requirements of § 25.785(h) do rials covered by paragraph (b) of this
not apply to passenger seats occupied section, all materials in each compart-
by flight attendants not required by ment of a transport category airplane,
§ 121.391. or a nontransport category airplane
(h) Each occupant of a seat equipped type certificated before January 1, 1965,
with a shoulder harness or with a com- used by the crewmembers and pas-
bined safety belt and shoulder harness sengers, must meet the requirements of
must have the shoulder harness or § 25.853 of this chapter in effect as fol-
combined safety belt and shoulder har- lows, or later amendment thereto:
ness properly secured about that occu- (1) Airplane with passenger seating ca-
pant during takeoff and landing, except pacity of 20 or more—(i) Manufactured
that a shoulder harness that is not after August 19, 1988, but prior to August
combined with a safety belt may be un- 20, 1990. Except as provided in para-
fastened if the occupant cannot per- graph (a)(3)(ii) of this section, each air-
form the required duties with the plane with a passenger capacity of 20 or
shoulder harness fastened. more and manufactured after August
(i) At each unoccupied seat, the safe- 19, 1988, but prior to August 20, 1990,
ty belt and shoulder harness, if in- must comply with the heat release rate
stalled, must be secured so as not to testing provisions of § 25.853(d) in effect
interfere with crewmembers in the per- March 6, 1995 (formerly § 25.853(a–1) in
formance of their duties or with the effect on August 20, 1986) (see App. L of
rapid egress of occupants in an emer- this part), except that the total heat
gency. release over the first 2 minutes of sam-
(j) After October 27, 2009, no person ple exposure must not exceed 100 kilo-
may operate a transport category air- watt minutes per square meter and the
plane type certificated after January 1, peak heat release rate must not exceed
1958 and manufactured on or after Oc- 100 kilowatts per square meter.
tober 27, 2009 in passenger-carrying op- (ii) Manufactured after August 19, 1990.
erations under this part unless all pas- Each airplane with a passenger capac-
senger and flight attendant seats on ity of 20 or more and manufactured
the airplane meet the requirements of after August 19, 1990, must comply with
§ 25.562 in effect on or after June 16, the heat release rate and smoke testing
1988. provisions of § 25.853(d) in effect March
(k) Seat dimension disclosure. (1) Each 6, 1995 (formerly § 25.853(a–1)(see app. L
air carrier that conducts operations of this part) in effect on September 26,
under this part and that has a Web site 1988).
must make available on its Web site
(2) Substantially complete replacement
the width of the narrowest and widest
of the cabin interior on or after May 1,
passenger seats in each class of service
1972—(i) Airplane for which the applica-
for each airplane make, model and se-
tion for type certificate was filed prior to
ries operated by that air carrier in pas-
May 1, 1972. Except as provided in para-
senger-carrying operations.
graph (a)(3)(i) or (a)(3)(ii) of this sec-
(2) For purposes of paragraph (k)(1) of
tion, each airplane for which the appli-
this section, the width of a passenger
cation for type certificate was filed
seat means the distance between the
prior to May 1, 1972, must comply with
inside of the armrests for that seat.
the provisions of § 25.853 in effect on
[Doc. No. 7522, 32 FR 13267, Sept. 20, 1967] April 30, 1972, regardless of passenger
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EDITORIAL NOTE: For FEDERAL REGISTER ci- capacity, if there is a substantially


tations affecting § 121.311, see the List of CFR complete replacement of the cabin in-
Sections Affected, which appears in the terior after April 30, 1972.

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Federal Aviation Administration, DOT § 121.312

(ii) Airplane for which the application do not meet applicable flammability
for type certificate was filed on or after and smoke emission requirements, if
May 1, 1972. Except as provided in para- the determination is made that special
graph (a)(3)(i) or (a)(3)(ii) of this sec- circumstances exist that make compli-
tion, each airplane for which the appli- ance impractical. Such grants of devi-
cation for type certificate was filed on ation will be limited to those airplanes
or after May 1, 1972, must comply with manufactured within 1 year after the
the material requirements under which applicable date specified in this section
the airplane was type certificated, re- and those airplanes in which the inte-
gardless of passenger capacity, if there rior is replaced within 1 year of that
is a substantially complete replace- date. A request for such grant of devi-
ment of the cabin interior on or after ation must include a thorough and ac-
that date. curate analysis of each component sub-
(3) Airplane type certificated after Jan- ject to § 25.853(a–1), the steps being
uary 1, 1958, with passenger capacity of 20 taken to achieve compliance, and, for
or more—(i) Substantially complete re- the few components for which timely
placement of the cabin interior on or after compliance will not be achieved, cred-
March 6, 1995. Except as provided in ible reasons for such noncompliance.
paragraph (a)(3)(ii) of this section, each (5) Contrary provisions of this sec-
airplane that was type certificated tion notwithstanding, galley carts and
after January 1, 1958, and has a pas- galley standard containers that do not
senger capacity of 20 or more, must meet the flammability and smoke
comply with the heat release rate test- emission requirements of § 25.853(d) in
ing provisions of § 25.853(d) in effect effect March 6, 1995 (formerly § 25.853(a–
March 6, 1995 (formerly § 25.853(a–1) in 1)) (see app. L of this part) may be used
effect on August 20, 1986)(see app. L of in airplanes that must meet the re-
this part), if there is a substantially quirements of paragraphs (a)(1)(i),
complete replacement of the cabin in- (a)(1)(ii), (a)(3)(i), or (a)(3)(ii) of this
terior components identified in section, provided the galley carts or
§ 25.853(d), on or after that date, except standard containers were manufac-
that the total heat release over the tured prior to March 6, 1995.
first 2 minutes of sample exposure shall
(b) Seat cushions. Seat cushions, ex-
not exceed 100 kilowatt-minutes per
cept those on flight crewmember seats,
square meter and the peak heat release
in each compartment occupied by crew
rate must not exceed 100 kilowatts per
or passengers, must comply with the
square meter.
requirements pertaining to seat cush-
(ii) Substantially complete replacement
ions in § 25.853(c) effective on November
of the cabin interior on or after August 20,
1990. Each airplane that was type cer- 26, 1984, on each airplane as follows:
tificated after January 1, 1958, and has (1) Each transport category airplane
a passenger capacity of 20 or more, type certificated after January 1, 1958;
must comply with the heat release rate and
and smoke testing provisions of (2) On or after December 20, 2010,
§ 25.853(d) in effect March 6, 1995 (for- each nontransport category airplane
merly § 25.853(a–1) in effect on Sep- type certificated after December 31,
tember 26, 1988)(see app. L of this part), 1964.
if there is a substantially complete re- (c) All interior materials; airplanes type
placement of the cabin interior compo- certificated in accordance with SFAR No.
nents identified in § 25.853(d), on or 41 of 14 CFR part 21. No person may op-
after August 20, 1990. erate an airplane that conforms to an
(4) Contrary provisions of this sec- amended or supplemental type certifi-
tion notwithstanding, the Manager of cate issued in accordance with SFAR
the Transport Airplane Directorate, No. 41 of 14 CFR part 21 for a maximum
Aircraft Certification Service, Federal certificated takeoff weight in excess of
Aviation Administration, may author- 12,500 pounds unless the airplane meets
ize deviation from the requirements of the compartment interior require-
lpowell on DSK54DXVN1OFR with $$_JOB

paragraph (a)(1)(i), (a)(1)(ii), (a)(3)(i), or ments set forth in § 25.853(a) in effect


(a)(3)(ii) of this section for specific March 6, 1995 (formerly § 25.853(a), (b),
components of the cabin interior that (b–1), (b–2), and (b–3) of this chapter in

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§ 121.313 14 CFR Ch. I (1–1–16 Edition)

effect on September 26, 1978)(see app. L through (4), 25.1353, 25.1355, and
of this part). 25.1431(b) or that is able to produce and
(d) All interior materials; other air- distribute the load for the required in-
planes. For each material or seat cush- struments and equipment, with use of
ion to which a requirement in para- an external power supply if any one
graphs (a), (b), or (c) of this section power source or component of the
does not apply, the material and seat power distribution system fails. The
cushion in each compartment used by use of common elements in the system
the crewmembers and passengers must may be approved if the Administrator
meet the applicable requirement under finds that they are designed to be rea-
which the airplane was type certifi- sonably protected against malfunc-
cated. tioning. Engine-driven sources of en-
(e) Thermal/acoustic insulation ma-
ergy, when used, must be on separate
terials. For transport category air-
engines.
planes type certificated after January
1, 1958: (d) A means for indicating the ade-
(1) For airplanes manufactured before quacy of the power being supplied to
September 2, 2005, when thermal/acous- required flight instruments.
tic insulation is installed in the fuse- (e) Two independent static pressure
lage as replacements after September systems, vented to the outside atmos-
2, 2005, the insulation must meet the pheric pressure so that they will be
flame propagation requirements of least affected by air flow variation or
§ 25.856 of this chapter, effective Sep- moisture or other foreign matter, and
tember 2, 2003, if it is: installed so as to be airtight except for
(i) Of a blanket construction or the vent. When a means is provided for
(ii) Installed around air ducting. transferring an instrument from its
(2) For airplanes manufactured after primary operating system to an alter-
September 2, 2005, thermal/acoustic in- nate system, the means must include a
sulation materials installed in the fu- positive positioning control and must
selage must meet the flame propaga- be marked to indicate clearly which
tion requirements of § 25.856 of this system is being used.
chapter, effective September 2, 2003. (f) A door between the passenger and
(3) For airplanes with a passenger ca- pilot compartments (i.e., flightdeck
pacity of 20 or greater, manufactured door), with a locking means to prevent
after September 2, 2009, thermal/acous- passengers from opening it without the
tic insulation materials installed in
pilot’s permission, except that non-
the lower half of the fuselage must
transport category airplanes certifi-
meet the flame penetration resistance
cated after December 31, 1964, are not
requirements of § 25.856 of this chapter,
effective September 2, 2003. required to comply with this para-
graph. For airplanes equipped with a
[Doc. No. 28154, 60 FR 65930, Dec. 20, 1995, as crew rest area having separate entries
amended by Amdt. 121–301, 68 FR 45083, July from the flightdeck and the passenger
31, 2003; Amdt. 121–320, 70 FR 77752, Dec. 30,
2005; Amdt. 121–330, 72 FR 1442, Jan. 12, 2007]
compartment, a door with such a lock-
ing means must be provided between
§ 121.313 Miscellaneous equipment. the crew rest area and the passenger
No person may conduct any oper- compartment.
ation unless the following equipment is (g) A key for each door that sepa-
installed in the airplane: rates a passenger compartment from
(a) If protective fuses are installed on another compartment that has emer-
an airplane, the number of spare fuses gency exit provisions. Except for
approved for that airplane and appro- flightdeck doors, a key must be readily
priately described in the certificate available for each crewmember. Except
holder’s manual. as provided below, no person other
(b) A windshield wiper or equivalent than a person who is assigned to per-
for each pilot station. form duty on the flightdeck may have
lpowell on DSK54DXVN1OFR with $$_JOB

(c) A power supply and distribution a key to the flightdeck door. Before
system that meets the requirements of April 22, 2003, any crewmember may
§§ 25.1309, 25.1331, 25.1351(a) and (b)(1) have a key to the flightdeck door but

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Federal Aviation Administration, DOT § 121.314

only if the flightdeck door has an in- cordance with paragraph (f) of this sec-
ternal flightdeck locking device in- tion, a means to monitor from the
stalled, operative, and in use. Such flightdeck side of the door the area
‘‘internal flightdeck locking device’’ outside the flightdeck door to identify
has to be designed so that it can only persons requesting entry and to detect
be unlocked from inside the flightdeck. suspicious behavior and potential
(h) A placard on each door that is the threats.
means of access to a required passenger
[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as
emergency exit, to indicate that it
amended by Amdt. 121–5, 30 FR 6113, Apr. 30,
must be open during takeoff and land- 1965; Amdt. 121–251, 60 FR 65931, Dec. 20, 1995;
ing. Amdt. 121–288, 67 FR 2127, Jan. 15, 2002; Amdt.
(i) A means for the crew, in an emer- 121–299, 68 FR 42881, July 18, 2003; Amdt. 121–
gency to unlock each door that leads to 334, 72 FR 45635, Aug. 15, 2007; Amdt. 121–353,
a compartment that is normally acces- 76 FR 7488, Feb. 10, 2011]
sible to passengers and that can be
locked by passengers. § 121.314 Cargo and baggage compart-
(j) After April 9, 2003, for airplanes ments.
required by paragraph (f) of this sec- For each transport category airplane
tion to have a door between the pas- type certificated after January 1, 1958:
senger and pilot or crew rest compart- (a) Each Class C or Class D compart-
ments, and for transport category, all- ment, as defined in § 25.857 of this Chap-
cargo airplanes that have a door in- ter in effect on June 16, 1986 (see Ap-
stalled between the pilot compartment pendix L to this part), that is greater
and any other occupied compartment than 200 cubic feet in volume must
on January 15, 2002; have ceiling and sidewall liner panels
(1) After April 9, 2003, for airplanes which are constructed of:
required by paragraph (f) of this sec- (1) Glass fiber reinforced resin;
tion to have a door between the pas-
(2) Materials which meet the test re-
senger and pilot or crew rest compart-
quirements of part 25, appendix F, part
ments,
III of this chapter; or
(i) Each such door must meet the re-
quirements of § 25.795(a)(1) and (2) in ef- (3) In the case of liner installations
fect on January 15, 2002; and approved prior to March 20, 1989, alu-
(ii) Each operator must establish minum.
methods to enable a flight attendant to (b) For compliance with paragraph
enter the pilot compartment in the (a) of this section, the term ‘‘liner’’ in-
event that a flightcrew member be- cludes any design feature, such as a
comes incapacitated. Any associated joint or fastener, which would affect
signal or confirmation system must be the capability of the liner to safely
operable by each flightcrew member contain a fire.
from that flightcrew member’s duty (c) After March 19, 2001, each Class D
station. compartment, regardless of volume,
(2) After October 1, 2003, for transport must meet the standards of §§ 25.857(c)
category, all-cargo airplanes that had a and 25.858 of this Chapter for a Class C
door installed between the pilot com- compartment unless the operation is
partment and any other occupied com- an all-cargo operation in which case
partment on or after January 15, 2002, each Class D compartment may meet
each such door must meet the require- the standards in § 25.857(e) for a Class E
ments of § 25.795(a)(1) and (2) in effect compartment.
on January 15, 2002; or the operator (d) Reports of conversions and retrofits.
must implement a security program (1) Until such time as all Class D com-
approved by the Transportation Secu- partments in aircraft operated under
rity Administration (TSA) for the oper- this part by the certificate have been
ation of all airplanes in that operator’s converted or retrofitted with appro-
fleet. priate detection and suppression sys-
(k) Except for all-cargo operations as tems, each certificate holder must sub-
lpowell on DSK54DXVN1OFR with $$_JOB

defined in § 110.2 of this chapter, for all mit written progress reports to the
passenger-carrying airplanes that re- FAA that contain the information
quire a lockable flightdeck door in ac- specified below.

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§ 121.315 14 CFR Ch. I (1–1–16 Edition)

(i) The serial number of each airplane § 121.317 Passenger information re-
listed in the operations specifications quirements, smoking prohibitions,
issued to the certificate holder for op- and additional seat belt require-
eration under this part in which all ments.
Class D compartments have been con- (a) Except as provided in paragraph
verted to Class C or Class E compart- (l) of this section, no person may oper-
ments; ate an airplane unless it is equipped
(ii) The serial number of each air- with passenger information signs that
plane listed in the operations specifica- meet the requirements of § 25.791 of this
tion issued to the certificate holder for chapter. Except as provided in para-
operation under this part, in which all graph (l) of this section, the signs must
be constructed so that the crew-
Class D compartments have been retro-
members can turn them on and off.
fitted to meet the fire detection and
(b) Except as provided in paragraph
suppression requirements for Class C or (l) of this section, the ‘‘Fasten Seat
the fire detection requirements for Belt’’ sign shall be turned on during
Class E; and any movement on the surface, for each
(iii) The serial number of each air- takeoff, for each landing, and at any
plane listed in the operations specifica- other time considered necessary by the
tions issued to the certificate holder pilot in command.
for operation under this part that has (c) No person may operate an air-
at least one Class D compartment that plane on a flight on which smoking is
has not been converted or retrofitted. prohibited by part 252 of this title un-
(2) The written report must be sub- less either the ‘‘No Smoking’’ pas-
mitted to the Certificate Holding Dis- senger information signs are lighted
trict Office by July 1, 1998, and at each during the entire flight, or one or more
three-month interval thereafter. ‘‘No Smoking’’ placards meeting the
requirements of § 25.1541 of this chapter
[Doc. No. 28937, 63 FR 8049, Feb. 17, 1998] are posted during the entire flight seg-
ment. If both the lighted signs and the
§ 121.315 Cockpit check procedure. placards are used, the signs must re-
(a) Each certificate holder shall pro- main lighted during the entire flight
vide an approved cockpit check proce- segment.
dure for each type of aircraft. (d) No person may operate a pas-
(b) The approved procedures must in- senger-carrying airplane under this
clude each item necessary for flight part unless at least one legible sign or
crewmembers to check for safety be- placard that reads ‘‘Fasten Seat Belt
fore starting engines, taking off, or While Seated’’ is visible from each pas-
landing, and in engine and systems senger seat. These signs or placards
emergencies. The procedures must be need not meet the requirements of
paragraph (a) of this section.
designed so that a flight crewmember
(e) No person may operate an air-
will not need to rely upon his memory
plane unless there is installed in each
for items to be checked. lavatory a sign or placard that reads:
(c) The approved procedures must be ‘‘Federal law provides for a penalty of
readily usable in the cockpit of each up to $2,000 for tampering with the
aircraft and the flight crew shall follow smoke detector installed in this lava-
them when operating the aircraft. tory.’’ These signs or placards need not
meet the requirements of paragraph (a)
§ 121.316 Fuel tanks. of this section.
Each turbine powered transport cat- (f) Each passenger required by
egory airplane operated after October § 121.311(b) to occupy a seat or berth
30, 1991, must meet the requirements of shall fasten his or her safety belt about
§ 25.963(e) of this chapter in effect on him or her and keep it fastened while
October 30, 1989. the ‘‘Fasten Seat Belt’’ sign is lighted.
(g) No person may smoke while a ‘‘No
lpowell on DSK54DXVN1OFR with $$_JOB

[Doc. No. 25614, 54 FR 40354, Sept. 29, 1989] Smoking’’ sign is lighted or while ‘‘No
Smoking’’ placards are posted, except
as follows:

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Federal Aviation Administration, DOT § 121.318

(1) Supplemental operations. The pilot 20, 1997, if it is equipped with at least
in command of an airplane engaged in one placard that is legible to each per-
a supplemental operation may author- son seated in the cabin that states
ize smoking on the flight deck (if it is ‘‘Fasten Seat Belt,’’ and if, during any
physically separated from any pas- movement on the surface, for each
senger compartment), but not in any of takeoff, for each landing, and at any
the following situations: other time considered necessary by the
(i) During airplane movement on the pilot in command, a crewmember oral-
surface or during takeoff or landing; ly instructs the passengers to fasten
(ii) During scheduled passenger-car- their seat belts.
rying public charter operations con-
ducted under part 380 of this title; or [Doc. No. 25590, 53 FR 12361, Apr. 13, 1988, as
(iii) During any operation where amended by Amdt. 121–196, 53 FR 44182, Nov.
smoking is prohibited by part 252 of 2, 1988; Amdt. 121–213, 55 FR 8367, Mar. 7, 1990;
this title or by international agree- Amdt. 121–230, 57 FR 42673, Sept. 15, 1992;
ment. Amdt. 121–251, 60 FR 65931, Dec. 20, 1995;
Amdt. 121–256, 61 FR 30434, June 14, 1996;
(2) Certain intrastate domestic oper-
Amdt. 121–277, 65 FR 36779, June 9, 2000]
ations. Except during airplane move-
ment on the surface or during takeoff § 121.318 Public address system.
or landing, a pilot in command of an
airplane engaged in a domestic oper- No person may operate an airplane
ation may authorize smoking on the with a seating capacity of more than 19
flight deck (if it is physically separated passengers unless it is equipped with a
from the passenger compartment) if— public address system which—
(i) Smoking on the flight deck is not (a) Is capable of operation inde-
otherwise prohibited by part 252 of this pendent of the crewmember interphone
title; system required by § 121.319, except for
(ii) The flight is conducted entirely handsets, headsets, microphones, selec-
within the same State of the United tor switches, and signaling devices;
States (a flight from one place in Ha- (b) Is approved in accordance with
waii to another place in Hawaii § 21.305 of this chapter;
through the airspace over a place out- (c) Is accessible for immediate use
side of Hawaii is not entirely within
from each of two flight crewmember
the same State); and
stations in the pilot compartment;
(iii) The airplane is either not tur-
bojet-powered or the airplane is not ca- (d) For each required floor-level pas-
pable of carrying at least 30 passengers. senger emergency exit which has an ad-
(h) No person may smoke in any air- jacent flight attendant seat, has a
plane lavatory. microphone which is readily accessible
(i) No person may tamper with, dis- to the seated flight attendant, except
able, or destroy any smoke detector in- that one microphone may serve more
stalled in any airplane lavatory. than one exit, provided the proximity
(j) On flight segments other than of the exits allows unassisted verbal
those described in paragraph (c) of this communication between seated flight
section, the ‘‘No Smoking’’ sign must attendants;
be turned on during any movement on (e) Is capable of operation within 10
the surface, for each takeoff, for each seconds by a flight attendant at each of
landing, and at any other time consid- those stations in the passenger com-
ered necessary by the pilot in com- partment from which its use is acces-
mand. sible;
(k) Each passenger shall comply with (f) Is audible at all passenger seats,
instructions given him or her by a lavatories, and flight attendant seats
crewmember regarding compliance and work stations; and
with paragraphs (f), (g), (h), and (l) of (g) For transport category airplanes
this section. manufactured on or after November 27,
(l) A certificate holder may operate a 1990, meets the requirements of § 25.1423
lpowell on DSK54DXVN1OFR with $$_JOB

nontransport category airplane type


of this chapter.
certificated after December 31, 1964,
that is manufactured before December [Doc. No. 24995, 54 FR 43926, Oct. 27, 1989]

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§ 121.319 14 CFR Ch. I (1–1–16 Edition)

§ 121.319 Crewmember interphone sys- to determine whether it is a normal


tem. call or an emergency call; and
(a) No person may operate an air- (iv) When the airplane is on the
plane with a seating capacity of more ground, it must provide a means of
than 19 passengers unless the airplane two-way communication between
is equipped with a crewmember inter- ground personnel and either of at least
phone system that: two flight crewmembers in the pilot
(1) [Reserved] compartment. The interphone system
station for use by ground personnel
(2) Is capable of operation inde-
must be so located that personnel
pendent of the public address system
using the system may avoid visible de-
required by § 121.318(a) except for
tection from within the airplane.
handsets, headsets, microphones, selec-
tor switches, and signaling devices; and [Doc. No. 10865, 38 FR 21494, Aug. 9, 1973, as
(3) Meets the requirements of para- amended by Amdt. 121–121, 40 FR 42186, Sept.
graph (b) of this section. 11, 1975; Amdt. 121–149, 43 FR 50602, Oct. 30,
1978; Amdt. 121–178, 47 FR 13316, Mar. 29, 1982;
(b) The crewmember interphone sys- Amdt. 121–253, 61 FR 2611, Jan. 26, 1996]
tem required by paragraph (a) of this
section must be approved in accordance § 121.321 Operations in icing.
with § 21.305 of this chapter and meet
After October 21, 2013, no person may
the following requirements:
operate an airplane with a certificated
(1) It must provide a means of two-
maximum takeoff weight less than
way communication between the pilot
60,000 pounds in conditions conducive
compartment and—
to airframe icing unless it complies
(i) Each passenger compartment; and with this section. As used in this sec-
(ii) Each galley located on other than tion, the phrase ‘‘conditions conducive
the main passenger deck level. to airframe icing’’ means visible mois-
(2) It must be accessible for imme- ture at or below a static air tempera-
diate use from each of two flight crew- ture of 5 °C or a total air temperature
member stations in the pilot compart- of 10 °C, unless the approved Airplane
ment; Flight Manual provides another defini-
(3) It must be accessible for use from tion.
at least one normal flight attendant (a) When operating in conditions con-
station in each passenger compart- ducive to airframe icing, compliance
ment; must be shown with paragraph (a)(1),
(4) It must be capable of operation or (2), or (3) of this section.
within 10 seconds by a flight attendant (1) The airplane must be equipped
at those stations in each passenger with a certificated primary airframe
compartment from which its use is ac- ice detection system.
cessible; and (i) The airframe ice protection sys-
(5) For large turbojet-powered air- tem must be activated automatically,
planes: or manually by the flightcrew, when
(i) It must be accessible for use at the primary ice detection system indi-
enough flight attendant stations so cates activation is necessary.
that all floor-level emergency exits (or (ii) When the airframe ice protection
entryways to those exits in the case of system is activated, any other proce-
exits located within galleys) in each dures in the Airplane Flight Manual
passenger compartment are observable for operating in icing conditions must
from one or more of those stations so be initiated.
equipped; (2) Visual cues of the first sign of ice
(ii) It must have an alerting system formation anywhere on the airplane
incorporating aural or visual signals and a certificated advisory airframe ice
for use by flight crewmembers to alert detection system must be provided.
flight attendants and for use by flight (i) The airframe ice protection sys-
attendants to alert flight crew- tem must be activated when any of the
members; visual cues are observed or when the
lpowell on DSK54DXVN1OFR with $$_JOB

(iii) The alerting system required by advisory airframe ice detection system
paragraph (b)(5)(ii) of this section must indicates activation is necessary,
have a means for the recipient of a call whichever occurs first.

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Federal Aviation Administration, DOT § 121.323

(ii) When the airframe ice protection initial activation of the ice protection
system is activated, any other proce- system must address—
dures in the Airplane Flight Manual (1) Continuous operation,
for operating in icing conditions must (2) Automatic cycling,
be initiated. (3) Manual cycling if the airplane is
(3) If the airplane is not equipped to equipped with an ice detection system
comply with the provisions of para- that alerts the flightcrew each time
graph (a)(1) or (2) of this section, then the ice protection system must be cy-
the following apply: cled, or
(i) When operating in conditions con-
(4) Manual cycling based on a time
ducive to airframe icing, the airframe
interval if the airplane type is not
ice protection system must be acti-
vated prior to, and operated during, the equipped with features necessary to
following phases of flight: implement (d)(1)–(3) of this section.
(A) Takeoff climb after second seg- (e) System installations used to com-
ment, ply with paragraph (a)(1) or (a)(2) of
(B) En route climb, this section must be approved through
(C) Go-around climb, an amended or supplemental type cer-
(D) Holding, tificate in accordance with part 21 of
(E) Maneuvering for approach and this chapter.
landing, and [Doc. No. FAA–2009–0675, 78 FR 15876, Mar. 13,
(F) Any other operation at approach 2013]
or holding airspeeds.
(ii) During any other phase of flight, § 121.323 Instruments and equipment
the airframe ice protection system for operations at night.
must be activated and operated at the
No person may operate an airplane at
first sign of ice formation anywhere on
the airplane, unless the Airplane night under this part unless it is
Flight Manual specifies that the air- equipped with the following instru-
frame ice protection system should not ments and equipment in addition to
be used or provides other operational those required by §§ 121.305 through
instructions. 121.321 and 121.803:
(iii) Any additional procedures for (a) Position lights.
operation in conditions conducive to (b) An anti-collision light.
icing specified in the Airplane Flight (c) Two landing lights, except that
Manual or in the manual required by only one landing light is required for
§ 121.133 must be initiated. nontransport category airplanes type
(b) If the procedures specified in certificated after December 31, 1964.
paragraph (a)(3)(i) of this section are (d) Instrument lights providing
specifically prohibited in the Airplane enough light to make each required in-
Flight Manual, compliance must be strument, switch, or similar instru-
shown with the requirements of para- ment, easily readable and installed so
graph (a)(1) or (2) of this section. that the direct rays are shielded from
(c) Procedures necessary for safe op- the flight crewmembers’ eyes and that
eration of the airframe ice protection no objectionable reflections are visible
system must be established and docu- to them. There must be a means of con-
mented in: trolling the intensity of illumination
(1) The Airplane Flight Manual for
unless it is shown that nondimming in-
airplanes that comply with paragraph
strument lights are satisfactory.
(a)(1) or (2) of this section, or
(2) The Airplane Flight Manual or in (e) An airspeed-indicating system
the manual required by § 121.133 for air- with heated pitot tube or equivalent
planes that comply with paragraph means for preventing malfunctioning
(a)(3) of this section. due to icing.
(d) Procedures for operation of the (f) A sensitive altimeter.
airframe ice protection system must [Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as
lpowell on DSK54DXVN1OFR with $$_JOB

include initial activation, operation amended by Amdt. 121–251, 60 FR 65932, Dec.


after initial activation, and deactiva- 20, 1995; Amdt. 121–281, 66 FR 19043, Apr. 12,
tion. Procedures for operation after 2001]

121

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§ 121.325 14 CFR Ch. I (1–1–16 Edition)

§ 121.325 Instruments and equipment members, during the entire flight time
for operations under IFR or over- at those altitudes.
the-top. (3) When a flight crewmember is re-
No person may operate an airplane quired to use oxygen, he must use it
under IFR or over-the-top conditions continuously, except when necessary to
under this part unless it is equipped remove the oxygen mask or other dis-
with the following instruments and penser in connection with his regular
equipment, in addition to those re- duties. Standby crewmembers who are
quired by §§ 121.305 through 121.321 and on call or are definitely going to have
121.803: flight deck duty before completing the
(a) An airspeed indicating system flight must be provided with an
with heated pitot tube or equivalent amount of supplemental oxygen equal
means for preventing malfunctioning to that provided for crewmembers on
due to icing. duty other than on flight deck duty. If
(b) A sensitive altimeter. a standby crewmember is not on call
and will not be on flight deck duty dur-
(c) Instrument lights providing
ing the remainder of the flight, he is
enough light to make each required in-
considered to be a passenger for the
strument, switch, or similar instru-
purposes of supplemental oxygen re-
ment, easily readable and so installed
quirements.
that the direct rays are shielded from
(c) Passengers. Each certificate holder
the flight crewmembers’ eyes and that
shall provide a supply of oxygen, ap-
no objectionable reflections are visible
proved for passenger safety, in accord-
to them, and a means of controlling
ance with the following:
the intensity of illumination unless it
is shown that nondimming instrument (1) For flights of more than 30 min-
lights are satisfactory. utes duration at cabin pressure alti-
tudes above 8,000 feet up to and includ-
[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as ing 14,000 feet, enough oxygen for 30
amended at Amdt. 121–281, 66 FR 19043, Apr. minutes for 10 percent of the pas-
12, 2001] sengers.
(2) For flights at cabin pressure alti-
§ 121.327 Supplemental oxygen: Recip-
rocating engine powered airplanes. tudes above 14,000 feet up to and in-
cluding 15,000 feet, enough oxygen for
(a) General. Except where supple- that part of the flight at those alti-
mental oxygen is provided in accord- tudes for 30 percent of the passengers.
ance with § 121.331, no person may oper- (3) For flights at cabin pressure alti-
ate an airplane unless supplemental ox- tudes above 15,000 feet, enough oxygen
ygen is furnished and used as set forth for each passenger carried during the
in paragraphs (b) and (c) of this sec- entire flight at those altitudes.
tion. The amount of supplemental oxy- (d) For the purposes of this subpart
gen required for a particular operation cabin pressure altitude means the pres-
is determined on the basis of flight al- sure altitude corresponding with the
titudes and flight duration, consistent pressure in the cabin of the airplane,
with the operation procedures estab- and flight altitude means the altitude
lished for each operation and route. above sea level at which the airplane is
(b) Crewmembers. (1) At cabin pressure operated. For airplanes without pres-
altitudes above 10,000 feet up to and in- surized cabins, ‘‘cabin pressure alti-
cluding 12,000 feet, oxygen must be pro- tude’’ and ‘‘flight altitude’’ mean the
vided for, and used by, each member of same thing.
the flight crew on flight deck duty, and
must be provided for other crew- § 121.329 Supplemental oxygen for sus-
members, for that part of the flight at tenance: Turbine engine powered
those altitudes that is of more than 30 airplanes.
minutes duration. (a) General. When operating a turbine
(2) At cabin pressure altitudes above engine powered airplane, each certifi-
12,000 feet, oxygen must be provided cate holder shall equip the airplane
lpowell on DSK54DXVN1OFR with $$_JOB

for, and used by, each member of the with sustaining oxygen and dispensing
flight crew on flight deck duty, and equipment for use as set forth in this
must be provided for other crew- section:

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Federal Aviation Administration, DOT § 121.331

(1) The amount of oxygen provided (3) When a flight crewmember is re-
must be at least the quantity nec- quired to use oxygen, he must use it
essary to comply with paragraphs (b) continuously except when necessary to
and (c) of this section. remove the oxygen mask or other dis-
(2) The amount of sustaining and penser in connection with his regular
first-aid oxygen required for a par- duties. Standby crewmembers who are
ticular operation to comply with the on call or are definitely going to have
rules in this part is determined on the flight deck duty before completing the
basis of cabin pressure altitudes and flight must be provided with an
flight duration, consistent with the op- amount of supplemental oxygen equal
erating procedures established for each to that provided for crewmembers on
operation and route. duty other than on flight duty. If a
(3) The requirements for airplanes standby crewmember is not on call and
with pressurized cabins are determined will not be on flight deck duty during
on the basis of cabin pressure altitude the remainder of the flight, he is con-
and the assumption that a cabin pres- sidered to be a passenger for the pur-
surization failure will occur at the alti- poses of supplemental oxygen require-
tude or point of flight that is most ments.
critical from the standpoint of oxygen (c) Passengers. Each certificate holder
need, and that after the failure the air- shall provide a supply of oxygen for
plane will descend in accordance with passengers in accordance with the fol-
the emergency procedures specified in lowing:
the Airplane Flight Manual, without (1) For flights at cabin pressure alti-
exceeding its operating limitations, to tudes above 10,000 feet, up to and in-
a flight altitude that will allow suc- cluding 14,000 feet, enough oxygen for
cessful termination of the flight. that part of the flight at those alti-
(4) Following the failure, the cabin tudes that is of more than 30 minutes
pressure altitude is considered to be duration, for 10 percent of the pas-
the same as the flight altitude unless it sengers.
is shown that no probable failure of the (2) For flights at cabin pressure alti-
cabin or pressurization equipment will tudes above 14,000 feet, up to and in-
result in a cabin pressure altitude cluding 15,000 feet, enough oxygen for
equal to the flight altitude. Under that part of the flight at those alti-
those circumstances, the maximum tudes for 30 percent of the passengers.
cabin pressure altitude attained may (3) For flights at cabin pressure alti-
be used as a basis for certification or tudes above 15,000 feet, enough oxygen
determination of oxygen supply, or for each passenger carried during the
both. entire flight at those altitudes.
(b) Crewmembers. Each certificate
holder shall provide a supply of oxygen § 121.331 Supplemental oxygen re-
for crewmembers in accordance with quirements for pressurized cabin
the following: airplanes: Reciprocating engine
powered airplanes.
(1) At cabin pressure altitudes above
10,000 feet, up to and including 12,000 (a) When operating a reciprocating
feet, oxygen must be provided for and engine powered airplane pressurized
used by each member of the flight crew cabin, each certificate holder shall
on flight deck duty and must be pro- equip the airplane to comply with
vided for other crewmembers for that paragraphs (b) through (d) of this sec-
part of the flight at those altitudes tion in the event of cabin pressuriza-
that is of more than 30 minutes dura- tion failure.
tion. (b) For crewmembers. When operating
(2) At cabin pressure altitudes above at flight altitudes above 10,000 feet, the
12,000 feet, oxygen must be provided certificate holder shall provide enough
for, and used by, each member of the oxygen for each crewmember for the
flight crew on flight deck duty, and entire flight at those altitudes and not
lpowell on DSK54DXVN1OFR with $$_JOB

must be provided for other crew- less than a two-hour supply for each
members during the entire flight at flight crewmember on flight deck duty.
those altitudes. The required two hours supply is that

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§ 121.333 14 CFR Ch. I (1–1–16 Edition)

quantity of oxygen necessary for a con- ing safe flight with respect to terrain
stant rate of descent from the air- clearance.
plane’s maximum certificated oper-
[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as
ating altitude to 10,000 feet in ten min- amended by Amdt. 121–132, 41 FR 55475, Dec.
utes and followed by 110 minutes at 20, 1976]
10,000 feet. The oxygen required by
§ 121.337 may be considered in deter- § 121.333 Supplemental oxygen for
mining the supplemental breathing emergency descent and for first aid;
supply required for flight crewmembers turbine engine powered airplanes
with pressurized cabins.
on flight deck duty in the event of
cabin pressurization failure. (a) General. When operating a turbine
(c) For passengers. When operating at engine powered airplane with a pres-
flight altitudes above 8,000 feet, the surized cabin, the certificate holder
certificate holder shall provide oxygen shall furnish oxygen and dispensing
as follows: equipment to comply with paragraphs
(1) When an airplane is not flown at (b) through (e) of this section in the
a flight altitude above flight level 250, event of cabin pressurization failure.
enough oxygen for 30 minutes for 10 (b) Crewmembers. When operating at
percent of the passengers, if at any flight altitudes above 10,000 feet, the
point along the route to be flown the certificate holder shall supply enough
oxygen to comply with § 121.329, but not
airplane can safely descend to a flight
less than a two-hour supply for each
altitude of 14,000 feet or less within
flight crewmember on flight deck duty.
four minutes.
The required two hours supply is that
(2) If the airplane cannot descend to quantity of oxygen necessary for a con-
a flight altitude of 14,000 feet or less stant rate of descent from the air-
within four minutes, the following sup- plane’s maximum certificated oper-
ply of oxygen must be provided: ating altitude to 10,000 feet in ten min-
(i) For that part of the flight that is utes and followed by 110 minutes at
more than four minutes duration at 10,000 feet. The oxygen required in the
flight altitudes above 15,000 feet, the event of cabin pressurization failure by
supply required by § 121.327(c)(3). § 121.337 may be included in deter-
(ii) For that part of the flight at mining the supply required for flight
flight altitudes above 14,000 feet, up to crewmembers on flight deck duty.
and including 15,000 feet, the supply re- (c) Use of oxygen masks by flight crew-
quired by § 121.327(c)(2). members. (1) When operating at flight
(iii) For flight at flight altitudes altitudes above flight level 250, each
above 8,000 feet up to and including flight crewmember on flight deck duty
14,000 feet, enough oxygen for 30 min- must be provided with an oxygen mask
utes for 10 percent of the passengers. so designed that it can be rapidly
(3) When an airplane is flown at a placed on his face from its ready posi-
flight altitude above flight level 250, tion, properly secured, sealed, and sup-
enough oxygen for 30 minutes for 10 plying oxygen upon demand; and so de-
percent of the passengers for the entire signed that after being placed on the
flight (including emergency descent) face it does not prevent immediate
above 8,000 feet, up to and including communication between the flight
14,000 feet, and to comply with crewmember and other crewmembers
over the airplane intercommunication
§ 121.327(c) (2) and (3) for flight above
system. When it is not being used at
14,000 feet.
flight altitudes above flight level 250,
(d) For the purposes of this section it the oxygen mask must be kept in con-
is assumed that the cabin pressuriza- dition for ready use and located so as
tion failure occurs at a time during to be within the immediate reach of
flight that is critical from the stand- the flight crewmember while at his
point of oxygen need and that after the duty station.
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failure the airplane will descend, with- (2) When operating at flight altitudes
out exceeding its normal operating above flight level 250, one pilot at the
limitations, to flight altitudes allow- controls of the airplane shall at all

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Federal Aviation Administration, DOT § 121.333

times wear and use an oxygen mask se- 2005 each mask used for portable oxy-
cured, sealed, and supplying oxygen, in gen equipment must be connected to
accordance with the following: its oxygen supply. Above flight level
(i) The one pilot need not wear and 250, one of the following is required:
use an oxygen mask at or below the (1) Each attendant shall carry port-
following flight levels if each flight able oxygen equipment with a 15
crewmember on flight deck duty has a minute supply of oxygen; or
quick-donning type of oxygen mask (2) There must be sufficient portable
that the certificate holder has shown oxygen equipment (including masks
can be placed on the face from its and spare outlets) distributed through-
ready position, properly secured, out the cabin so that such equipment is
sealed, and supplying oxygen upon de- immediately available to each attend-
mand, with one hand and within five ant, regardless of their location in the
seconds: cabin; or
(A) For airplanes having a passenger (3) There are sufficient spare outlets
seat configuration of more than 30 and masks distributed throughout the
seats, excluding any required crew- cabin to ensure immediate availability
member seat, or a payload capacity of of oxygen to each cabin attendant, re-
more than 7,500 pounds, at or below gardless of their location in the cabin.
flight level 410. (e) Passenger cabin occupants. When
(B) For airplanes having a passenger the airplane is operating at flight alti-
seat configuration of less than 31 seats, tudes above 10,000 feet, the following
excluding any required crewmember supply of oxygen must be provided for
seat, and a payload capacity of 7,500 the use of passenger cabin occupants:
pounds or less, at or below flight level (1) When an airplane certificated to
350. operate at flight altitudes up to and in-
(ii) Whenever a quick-donning type of cluding flight level 250, can at any
oxygen mask is to be used under this point along the route to be flown, de-
section, the certificate holder shall scend safely to a flight altitude of
also show that the mask can be put on 14,000 feet or less within four minutes,
without disturbing eye glasses and oxygen must be available at the rate
without delaying the flight crew- prescribed by this part for a 30-minute
member from proceeding with his as- period for at least 10 percent of the pas-
signed emergency duties. The oxygen senger cabin occupants.
mask after being put on must not pre- (2) When an airplane is operated at
vent immediate communication be- flight altitudes up to and including
tween the flight crewmember and other flight level 250 and cannot descend
crewmembers over the airplane inter- safely to a flight altitude of 14,000 feet
communication system. within four minutes, or when an air-
(3) Notwithstanding paragraph (c)(2) plane is operated at flight altitudes
of this section, if for any reason at any above flight level 250, oxygen must be
time it is necessary for one pilot to available at the rate prescribed by this
leave his station at the controls of the part for not less than 10 percent of the
airplane when operating at flight alti- passenger cabin occupants for the en-
tudes above flight level 250, the re- tire flight after cabin depressurization,
maining pilot at the controls shall put at cabin pressure altitudes above 10,000
on and use his oxygen mask until the feet up to and including 14,000 feet and,
other pilot has returned to his duty as applicable, to allow compliance with
station. § 121.329(c) (2) and (3), except that there
(4) Before the takeoff of a flight, each must be not less than a 10-minute sup-
flight crewmember shall personally ply for the passenger cabin occupants.
preflight his oxygen equipment to in- (3) For first-aid treatment of occu-
sure that the oxygen mask is func- pants who for physiological reasons
tioning, fitted properly, and connected might require undiluted oxygen fol-
to appropriate supply terminals, and lowing descent from cabin pressure al-
that the oxygen supply and pressure titudes above flight level 250, a supply
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are adequate for use. of oxygen in accordance with the re-


(d) Use of portable oxygen equipment by quirements of § 25.1443(d) must be pro-
cabin attendants. After November 28, vided for two percent of the occupants

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§ 121.335 14 CFR Ch. I (1–1–16 Edition)

for the entire flight after cabin depres- tion requirements contained in para-
surization at cabin pressure altitudes graph (b) of this section.
above 8,000 feet, but in no case to less (b) Pressurized and nonpressurized
than one person. An appropriate num- cabin airplanes. Except as provided in
ber of acceptable dispensing units, but paragraph (f) of this section, no person
in no case less than two, must be pro- may operate an airplane unless protec-
vided, with a means for the cabin at- tive breathing equipment meeting the
tendants to use this supply. requirements of this section is provided
(f) Passenger briefing. Before flight is as follows:
conducted above flight level 250, a (1) General. The equipment must pro-
crewmember shall instruct the pas- tect the flightcrew from the effects of
sengers on the necessity of using oxy- smoke, carbon dioxide or other harmful
gen in the event of cabin depressuriza- gases or an oxygen deficient environ-
tion and shall point out to them the lo- ment caused by other than an airplane
cation and demonstrate the use of the depressurization while on flight deck
oxygen-dispensing equipment. duty and must protect crewmembers
from the above effects while combat-
[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as ting fires on board the airplane.
amended by Amdt. 121–11, 30 FR 12466, Sept. (2) The equipment must be inspected
30, 1965; Amdt. 121–132, 41 FR 55475, Dec. 20,
regularly in accordance with inspec-
1976; Amdt. 121–262, 62 FR 13256, Mar. 19, 1997;
62 FR 15570, Apr. 1, 1997; Amdt. 121–306, 69 FR tion guidelines and the inspection peri-
62789, Oct. 27, 2004] ods established by the equipment man-
ufacturer to ensure its condition for
§ 121.335 Equipment standards. continued serviceability and imme-
diate readiness to perform its intended
(a) Reciprocating engine powered air- emergency purposes. The inspection pe-
planes. The oxygen apparatus, the min- riods may be changed upon a showing
imum rates of oxygen flow, and the by the certificate holder that the
supply of oxygen necessary to comply changes would provide an equivalent
with § 121.327 must meet the standards level of safety.
established in section 4b.651 of the Civil (3) That part of the equipment pro-
Air Regulations as in effect on July 20, tecting the eyes must not impair the
1950, except that if the certificate hold- wearer’s vision to the extent that a
er shows full compliance with those crewmember’s duties cannot be accom-
standards to be impracticable, the Ad- plished and must allow corrective
ministrator may authorize any change glasses to be worn without impairment
in those standards that he finds will of vision or loss of the protection re-
provide an equivalent level of safety. quired by paragraph (b)(1) of this sec-
(b) Turbine engine powered airplanes. tion.
The oxygen apparatus, the minimum (4) The equipment, while in use, must
rate of oxygen flow, and the supply of allow the flightcrew to communicate
oxygen necessary to comply with using the airplane radio equipment and
§§ 121.329 and 121.333 must meet the to communicate by interphone with
standards established in section 4b.651 each other while at their assigned duty
of the Civil Air Regulations as in effect stations. The equipment, while in use,
on September 1, 1958, except that if the must also allow crewmember inter-
certificate holder shows full compli- phone communications between each of
ance with those standards to be im- two flight crewmember stations in the
practicable, the Administrator may au- pilot compartment and at least one
thorize any changes in those standards normal flight attendant station in each
that he finds will provide an equivalent passenger compartment.
level of safety. (5) The equipment, while in use, must
allow any crewmember to use the air-
§ 121.337 Protective breathing equip- plane interphone system at any of the
ment. flight attendant stations referred to in
(a) The certificate holder shall fur- paragraph (b)(4) of this section.
lpowell on DSK54DXVN1OFR with $$_JOB

nish approved protective breathing (6) The equipment may also be used
equipment (PBE) meeting the equip- to meet the supplemental oxygen re-
ment, breathing gas, and communica- quirements of this part provided it

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Federal Aviation Administration, DOT § 121.339

meets the oxygen equipment standards (iii) In each passenger compartment,


of § 121.335 of this part. one for each hand fire extinguisher re-
(7) Protective breathing gas duration quired by § 121.309 of this part, to be lo-
and supply system equipment require- cated within 3 feet of each required
ments are as follows: hand fire extinguisher, except that the
(i) The equipment must supply Administrator may authorize a devi-
breathing gas for 15 minutes at a pres- ation allowing locations of PBE more
sure altitude of 8,000 feet for the fol- than 3 feet from required hand fire ex-
lowing: tinguisher locations if special cir-
(A) Flight crewmembers while per- cumstances exist that make compli-
forming flight deck duties; and ance impractical and if the proposed
(B) Crewmembers while combatting deviation provides an equivalent level
an in-flight fire. of safety.
(ii) The breathing gas system must
(c) Equipment preflight. (1) Before
be free from hazards in itself, in its
each flight, each item of PBE at flight
method of operation, and in its effect
crewmember duty stations must be
upon other components.
(iii) For breathing gas systems other checked by the flight crewmember who
than chemical oxygen generators, will use the equipment to ensure that
there must be a means to allow the the equipment—
crew to readily determine, during the (i) For other than chemical oxygen
equipment preflight described in para- generator systems, is functioning, is
graph (c) of this section, that the gas serviceable, fits properly (unless a uni-
supply is fully charged. versal-fit type), and is connected to
(iv) For each chemical oxygen gener- supply terminals and that the breath-
ator, the supply system equipment ing gas supply and pressure are ade-
must meet the requirements of § 25.1450 quate for use; and
(b) and (c) of this chapter. (ii) For chemical oxygen generator
(8) Smoke and fume protection. Protec- systems, is serviceable and fits prop-
tive breathing equipment with a fixed erly (unless a universal-fit type).
or portable breathing gas supply meet- (2) Each item of PBE located at other
ing the requirements of this section than a flight crewmember duty station
must be conveniently located on the must be checked by a designated crew-
flight deck and be easily accessible for member to ensure that each is properly
immediate use by each required flight stowed and serviceable, and, for other
crewmember at his or her assigned than chemical oxygen generator sys-
duty station. tems, the breathing gas supply is fully
(9) Fire combatting. Except for non- charged. Each certificate holder, in its
transport category airplanes type cer-
operations manual, must designate at
tificated after December 31, 1964, pro-
least one crewmember to perform those
tective breathing equipment with a
checks before he or she takes off in
portable breathing gas supply meeting
the requirements of this section must that airplane for his or her first flight
be easily accessible and conveniently of the day.
located for immediate use by crew- [Doc. No. 24792, 52 FR 20957, June 3, 1987, as
members in combatting fires as fol- amended by Amdt. 121–204, 54 FR 22271, May
lows: 22, 1989; Amdt. 121–212, 55 FR 5551, Feb. 15,
(i) One PBE is required for each hand 1990; Amdt. 121–218, 55 FR 31565, Aug. 2, 1990;
fire extinguisher located for use in a Amdt. 121–230, 57 FR 42674, Sept. 15, 1992;
galley other than a galley located in a Amdt. 121–251, 60 FR 65932, Dec. 20, 1995;
passenger, cargo, or crew compart- Amdt. 121–261, 61 FR 43921, Aug. 26, 1996]
ment.
§ 121.339 Emergency equipment for ex-
(ii) One on the flight deck, except tended over-water operations.
that the Administrator may authorize
another location for this PBE if special (a) Except where the Administrator,
circumstances exist that make compli- by amending the operations specifica-
lpowell on DSK54DXVN1OFR with $$_JOB

ance impractical and the proposed de- tions of the certificate holder, requires
viation would provide an equivalent the carriage of all or any specific items
level of safety. of the equipment listed below for any

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§ 121.340 14 CFR Ch. I (1–1–16 Edition)

overwater operation, or upon applica- must be attached to each required life


tion of the certificate holder, the Ad- raft.
ministrator allows deviation for a par-
[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as
ticular extended overwater operation, amended by Amdt. 121–53, 34 FR 15244, Sept.
no person may operate an airplane in 30, 1969; Amdt. 121–79, 36 FR 18724, Sept. 21,
extended overwater operations without 1971; Amdt. 121–93, 37 FR 14294, June 19, 1972
having on the airplane the following Amdt. 121–106, 38 FR 22378, Aug. 20, 1973;
equipment: Amdt. 121–149, 43 FR 50603, Oct. 30, 1978;
Amdt. 121–158, 45 FR 38348, June 9, 1980;
(1) A life preserver equipped with an Amdt. 121–239, 59 FR 32057, June 21, 1994]
approved survivor locator light, for
each occupant of the airplane. § 121.340 Emergency flotation means.
(2) Enough life rafts (each equipped
(a) Except as provided in paragraph
with an approved survivor locator
(b) of this section, no person may oper-
light) of a rated capacity and buoyancy
ate an airplane in any overwater oper-
to accommodate the occupants of the
ation unless it is equipped with life
airplane. Unless excess rafts of enough preservers in accordance with
capacity are provided, the buoyancy § 121.339(a)(1) or with an approved flota-
and seating capacity beyond the rated tion means for each occupant. This
capacity of the rafts must accommo- means must be within easy reach of
date all occupants of the airplane in each seated occupant and must be read-
the event of a loss of one raft of the ily removable from the airplane.
largest rated capacity. (b) Upon application by the air car-
(3) At least one pyrotechnic signaling rier or commercial operator, the Ad-
device for each life raft. ministrator may approve the operation
(4) An approved survival type emer- of an airplane over water without the
gency locator transmitter. Batteries life preservers or flotation means re-
used in this transmitter must be re- quired by paragraph (a) of this section,
placed (or recharged, if the battery is if the air carrier or commercial oper-
rechargeable) when the transmitter has ator shows that the water over which
been in use for more than 1 cumulative the airplane is to be operated is not of
hour, or when 50 percent of their useful such size and depth that life preservers
life (or for rechargeable batteries, 50 or flotation means would be required
percent of their useful life of charge) for the survival of its occupants in the
has expired, as established by the event the flight terminates in that
transmitter manufacturer under its ap- water.
proval. The new expiration date for re- [Doc. No. 6713, 31 FR 1147, Jan. 28, 1966, as
placing (or recharging) the battery amended by Amdt. 121–25, 32 FR 3223, Feb. 24,
must be legibly marked on the outside 1967; Amdt. 121–251, 60 FR 65932, Dec. 20, 1995]
of the transmitter. The battery useful
life (or useful life of charge) require- § 121.341 Equipment for operations in
ments of this paragraph do not apply icing conditions.
to batteries (such as water-activated (a) Except as permitted in paragraph
batteries) that are essentially unaf- (c)(2) of this section, unless an airplane
fected during probable storage inter- is type certificated under the transport
vals. category airworthiness requirements
(b) The required life rafts, life pre- relating to ice protection, or unless an
servers, and survival type emergency airplane is a non-transport category
locator transmitter must be easily ac- airplane type certificated after Decem-
cessible in the event of a ditching with- ber 31, 1964, that has the ice protection
out appreciable time for preparatory provisions that meet section 34 of ap-
procedures. This equipment must be in- pendix A of part 135 of this chapter, no
person may operate an airplane in
stalled in conspicuously marked, ap-
icing conditions unless it is equipped
proved locations.
with means for the prevention or re-
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(c) A survival kit, appropriately moval of ice on windshields, wings, em-


equipped for the route to be flown, pennage, propellers, and other parts of
the airplane where ice formation will

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Federal Aviation Administration, DOT § 121.343

adversely affect the safety of the air- that complies § 25.1326 of this chapter
plane. in effect on April 12, 1978.
(b) No person may operate an air- [Doc. No. 28154, 60 FR 65932, Dec. 20, 1995]
plane in icing conditions at night un-
less means are provided for illu- § 121.343 Flight data recorders.
minating or otherwise determining the (a) Except as provided in paragraphs
formation of ice on the parts of the (b), (c), (d), (e), and (f) of this section,
wings that are critical from the stand- no person may operate a large airplane
point of ice accumulation. Any illu- that is certificated for operations
minating that is used must be of a type above 25,000 feet altitude or is turbine-
that will not cause glare or reflection engine powered unless it is equipped
that would handicap crewmembers in with one or more approved flight re-
the performance of their duties. corders that record data from which
(c) Non-transport category airplanes the following may be determined with-
type certificated after December 31, 1964. in the ranges, accuracies, and record-
Except for an airplane that has ice pro- ing intervals specified in appendix B of
tection provisions that meet section 34 this part:
of appendix A of part 135 of this chap- (1) Time;
ter, or those for transport category air- (2) Altitude;
plane type certification, no person may (3) Airspeed;
operate— (4) Vertical acceleration;
(1) Under IFR into known or forecast (5) Heading; and
light or moderate icing conditions; (6) Time of each radio transmission
(2) Under VFR into known light or either to or from air traffic control.
moderate icing conditions; unless the (b) No person may operate a large
airplane type certificated up to and in-
airplane has functioning deicing anti-
cluding September 30, 1969, for oper-
icing equipment protecting each pro-
ations above 25,000 feet altitude, or a
peller, windshield, wing, stabilizing or
turbine-engine powered airplane cer-
control surface, and each airspeed, al- tificated before the same date, unless
timeter, rate of climb, or flight atti- it is equipped before May 26, 1989 with
tude instrument system; or one or more approved flight recorders
(3) Into known or forecast severe that utilize a digital method of record-
icing conditions. ing and storing data and a method of
(d) If current weather reports and readily retrieving that data from the
briefing information relied upon by the storage medium. The following infor-
pilot in command indicate that the mation must be able to be determined
forecast icing condition that would within the ranges, accuracies, and re-
otherwise prohibit the flight will not cording intervals specified in appendix
be encountered during the flight be- B of this part:
cause of changed weather conditions (1) Time;
since the forecast, the restrictions in (2) Altitude;
paragraph (c) of this section based on (3) Airspeed;
forecast conditions do not apply. (4) Vertical acceleration;
(5) Heading; and
[Doc. No. 6258, 29 FR 18205, Dec. 31, 1964, as (6) Time of each radio transmission
amended by Amdt. 121–251, 60 FR 65929, Dec.
either to or from air traffic control.
20, 1995]
(c) Except as provided in paragraph
§ 121.342 Pitot heat indication systems. (l) of this section, no person may oper-
ate an airplane specified in paragraph
No person may operate a transport (b) of this section unless it is equipped,
category airplane or, after December before May 26, 1995, with one or more
20, 1999, a nontransport category air- approved flight recorders that utilize a
plane type certificated after December digital method of recording and storing
31, 1964, that is equipped with a flight data and a method of readily retrieving
lpowell on DSK54DXVN1OFR with $$_JOB

instrument pitot heating system unless that data from the storage medium.
the airplane is also equipped with an The following information must be
operable pitot heat indication system able to be determined within the

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§ 121.343 14 CFR Ch. I (1–1–16 Edition)

ranges, accuracies and recording inter- complete and meets the FAA-approved
vals specified in appendix B of this type design data.
part: (e) After October 11, 1991, no person
(1) Time; may operate a large airplane equipped
(2) Altitude; with a digital data bus and ARINC 717
(3) Airspeed; digital flight data acquisition unit
(4) Vertical acceleration; (DFDAU) or equivalent unless it is
(5) Heading; equipped with one or more approved
(6) Time of each radio transmission flight recorders that utilize a digital
either to or from air traffic control; method of recording and storing data
(7) Pitch attitude; and a method of readily retrieving that
(8) Roll attitude; data from the storage medium. Any pa-
(9) Longitudinal acceleration; rameters specified in appendix B of this
(10) Control column or pitch control part that are available on the digital
surface position; and data bus must be recorded within the
(11) Thrust of each engine. ranges, accuracies, resolutions, and
(d) No person may operate an air- sampling intervals specified.
plane specified in paragraph (b) of this (f) After October 11, 1991, no person
section that is manufactured after May may operate an airplane specified in
26, 1989, as well as airplanes specified in paragraph (b) of this section that is
paragraph (a) of this section that have manufactured after October 11, 1991,
been type certificated after September nor an airplane specified in paragraph
30, 1969, unless it is equipped with one (a) of this section that has been type
or more approved flight recorders that certificated after September 30, 1969,
utlitize a digital method of recording and manufactured after October 11,
and storing data and a method of read- 1991, unless it is equipped with one or
ily retrieving that data from the stor- more flight recorders that utilize a dig-
age medium. The following informa- ital method of recording and storing
tion must be able to be determined data and a method of readily retrieving
within the ranges, accuracies, and re- that data from the storage medium.
cording intervals specified in appendix The parameters specified in appendix B
B of this part: of this part must be recorded within
(1) Time; the ranges, accuracies, resolutions, and
(2) Altitude; sampling intervals specified.
(3) Airspeed; (g) Whenever a flight recorder re-
(4) Vertical acceleration; quired by this section is installed, it
(5) Heading; must be operated continuously from
(6) Time of each radio transmission the instant the airplane begins the
either to or from air traffic control; takeoff roll until it has completed the
(7) Pitch attitude; landing roll at an airport.
(8) Roll attitude; (h) Except as provided in paragraph
(9) Longitudinal acceleration; (i) of this section, and except for re-
(10) Pitch trim position; corded data erased as authorized in
(11) Control column or pitch control this paragraph, each certificate holder
surface position; shall keep the recorded data prescribed
(12) Control wheel or lateral control in paragraph (a), (b), (c), or (d) of this
surface position; section, as appropriate, until the air-
(13) Rudder pedal or yaw control sur- plane has been operated for at least 25
face position; hours of the operating time specified in
(14) Thrust of each engine; § 121.359(a). A total of 1 hour of recorded
(15) Position of each thrust reverser; data may be erased for the purpose of
(16) Trailing edge flap or cockpit flap testing the flight recorder or the flight
control position; and recorder system. Any erasure made in
(17) Leading edge flap or cockpit flap accordance with this paragraph must
control position. be of the oldest recorded data accumu-
For the purpose of this section, manu- lated at the time of testing. Except as
lpowell on DSK54DXVN1OFR with $$_JOB

factured means the point in time at provided in paragraph (i) of this sec-
which the airplane inspection accept- tion, no record need be kept more than
ance records reflect that the airplane is 60 days.

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Federal Aviation Administration, DOT § 121.344

(i) In the event of an accident or oc- nance check after May 26, 1994, but no
currence that requires immediate noti- later than May 26, 1995. A heavy main-
fication of the National Transportation tenance check is considered to be any
Safety Board under part 830 of its regu- time an aircraft is scheduled to be out
lations and that results in termination of service for 4 or more days.
of the flight, the certificate holder (2) By June 23, 1994, each carrier must
shall remove the recording media from submit to the FAA Flight Standards
the airplane and keep the recorded Service, Air Transportation Division
data required by paragraph (a), (b), (c), (AFS–200), documentation listing those
or (d) of this section, as appropriate, airplanes covered under this paragraph
for at least 60 days or for a longer pe- and evidence that it has ordered a suf-
riod upon the request of the Board or ficient number of flight data recorders
the Administrator. to meet the May 26, 1995, compliance
(j) Each flight recorder required by date for all aircraft on that list.
this section must be installed in ac- (3) After May 26, 1994, any aircraft
cordance with the requirements of that is modified to meet Stage 3 noise
§ 25.1459 of this chapter in effect on Au- levels must have the flight data re-
gust 31, 1977. The correlation required corder described in paragraph (c) of
by § 25.1459(c) of this chapter need be this section installed before operating
established only on one airplane of any under this part.
group of airplanes— (m) After August 20, 2001, this section
(1) That are of the same type; applies only to the airplane models
(2) On which the model flight re- listed in § 121.344(l)(2). All other air-
corder and its installation are the planes must comply with the require-
same; and ments of § 121.344, as applicable.
(3) On which there is no difference in
the type design with respect to the in- [Doc. No. 24418, 52 FR 9636, Mar. 25, 1987, as
stallation of those first pilot’s instru- amended by Amdt. 121–197, 53 FR 26147, July
11, 1988; Amdt. 121–238, 59 FR 26900, May 24,
ments associated with the flight re- 1994; Amdt. 121–338, 73 FR 12565, Mar. 7, 2008]
corder. The most recent instrument
calibration, including the recording § 121.344 Digital flight data recorders
medium from which this calibration is for transport category airplanes.
derived, and the recorder correlation
(a) Except as provided in paragraph
must be retained by the certificate
(l) of this section, no person may oper-
holder.
ate under this part a turbine-engine-
(k) Each flight recorder required by
powered transport category airplane
this section that records the data spec-
unless it is equipped with one or more
ified in paragraph (a), (b), (c), or (d) of
approved flight recorders that use a
this section, as appropriate, must have
digital method of recording and storing
an approved device to assist in locating
data and a method of readily retrieving
that recorder under water.
that data from the storage medium.
(l) No person may operate an airplane
The operational parameters required to
specified in paragraph (b) of this sec-
be recorded by digital flight data re-
tion that meets the Stage 2 noise levels
corders required by this section are as
of part 36 of this chapter and is subject
follows: The phrase ‘‘when an informa-
to § 91.801(c) of this chapter unless it is
tion source is installed’’ following a pa-
equipped with one or more approved
rameter indicates that recording of
flight data recorders that utilize a dig-
that parameter is not intended to re-
ital method of recording and storing
quire a change in installed equipment:
data and a method of readily retrieving
that data from the storage medium. (1) Time;
The information specified in para- (2) Pressure altitude;
graphs (c)(1) through (c)(11) of this sec- (3) Indicated airspeed;
tion must be able to be determined (4) Heading—primary flight crew ref-
within the ranges, accuracies and re- erence (if selectable, record discrete,
cording intervals specified in appendix true or magnetic);
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B of this part. In addition— (5) Normal acceleration (Vertical);


(1) This flight data recorder must be (6) Pitch attitude;
installed at the next heavy mainte- (7) Roll attitude;

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§ 121.344 14 CFR Ch. I (1–1–16 Edition)

(8) Manual radio transmitter keying, (37) Drift angle (when an information
or CVR/DFDR synchronization ref- source is installed);
erence; (38) Wind speed and direction (when
(9) Thrust/power of each engine—pri- an information source is installed);
mary flight crew reference; (39) Latitude and longitude (when an
(10) Autopilot engagement status; information source is installed);
(11) Longitudinal acceleration; (40) Stick shaker/pusher (when an in-
(12) Pitch control input; formation source is installed);
(13) Lateral control input; (41) Windshear (when an information
(14) Rudder pedal input; source is installed);
(15) Primary pitch control surface po- (42) Throttle/power lever position;
sition;
(43) Additional engine parameters (as
(16) Primary lateral control surface
designated in Appendix M of this part);
position;
(44) Traffic alert and collision avoid-
(17) Primary yaw control surface po-
ance system;
sition;
(18) Lateral acceleration; (45) DME 1 and 2 distances;
(19) Pitch trim surface position or pa- (46) Nav 1 and 2 selected frequency;
rameters of paragraph (a)(82) of this (47) Selected barometric setting
section if currently recorded; (when an information source is in-
(20) Trailing edge flap or cockpit flap stalled);
control selection (except when param- (48) Selected altitude (when an infor-
eters of paragraph (a)(85) of this sec- mation source is installed);
tion apply); (49) Selected speed (when an informa-
(21) Leading edge flap or cockpit flap tion source is installed);
control selection (except when param- (50) Selected mach (when an informa-
eters of paragraph (a)(86) of this sec- tion source is installed);
tion apply); (51) Selected vertical speed (when an
(22) Each Thrust reverser position (or information source is installed);
equivalent for propeller airplane); (52) Selected heading (when an infor-
(23) Ground spoiler position or speed mation source is installed);
brake selection (except when param- (53) Selected flight path (when an in-
eters of paragraph (a)(87) of this sec- formation source is installed);
tion apply); (54) Selected decision height (when
(24) Outside or total air temperature; an information source is installed);
(25) Automatic Flight Control Sys- (55) EFIS display format;
tem (AFCS) modes and engagement
(56) Multi-function/engine/alerts dis-
status, including autothrottle;
play format;
(26) Radio altitude (when an informa-
(57) Thrust command (when an infor-
tion source is installed);
mation source is installed);
(27) Localizer deviation, MLS Azi-
muth; (58) Thrust target (when an informa-
(28) Glideslope deviation, MLS Ele- tion source is installed);
vation; (59) Fuel quantity in CG trim tank
(29) Marker beacon passage; (when an information source is in-
(30) Master warning; stalled);
(31) Air/ground sensor (primary air- (60) Primary Navigation System Ref-
plane system reference nose or main erence;
gear); (61) Icing (when an information
(32) Angle of attack (when informa- source is installed);
tion source is installed); (62) Engine warning each engine vi-
(33) Hydraulic pressure low (each sys- bration (when an information source is
tem); installed);
(34) Ground speed (when an informa- (63) Engine warning each engine over
tion source is installed); temp. (when an information source is
(35) Ground proximity warning sys- installed);
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tem; (64) Engine warning each engine oil


(36) Landing gear position or landing pressure low (when an information
gear cockpit control selection; source is installed);

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Federal Aviation Administration, DOT § 121.344

(65) Engine warning each engine over the ranges and accuracies specified in
speed (when an information source is Appendix B of this part, and—
installed); (i) For airplanes with more than two
(66) Yaw trim surface position; engines, the parameter described in
(67) Roll trim surface position; paragraph (a)(18) is not required unless
(68) Brake pressure (selected system); sufficient capacity is available on the
(69) Brake pedal application (left and existing recorder to record that param-
right); eter;
(70) Yaw or sideslip angle (when an (ii) Parameters listed in paragraphs
information source is installed); (a)(12) through (a)(17) each may be re-
(71) Engine bleed valve position corded from a single source.
(when an information source is in- (2) For airplanes that were equipped
stalled); as of July 16, 1996, with a flight data
(72) De-icing or anti-icing system se- acquisition unit (FDAU), the param-
lection (when an information source is eters listed in paragraphs (a)(1)
installed); through (a)(22) of this section must be
(73) Computed center of gravity recorded within the ranges, accuracies,
(when an information source is in- and recording intervals specified in Ap-
stalled); pendix M of this part. Parameters list-
(74) AC electrical bus status; ed in paragraphs (a)(12) through (a)(17)
(75) DC electrical bus status; each may be recorded from a single
(76) APU bleed valve position (when source.
an information source is installed); (3) The approved flight recorder re-
quired by this section must be installed
(77) Hydraulic pressure (each sys-
at the earliest time practicable, but no
tem);
later than the next heavy maintenance
(78) Loss of cabin pressure;
check after August 18, 1999 and no later
(79) Computer failure;
than August 20, 2001. A heavy mainte-
(80) Heads-up display (when an infor- nance check is considered to be any
mation source is installed); time an airplane is scheduled to be out
(81) Para-visual display (when an in- of service for 4 or more days and is
formation source is installed); scheduled to include access to major
(82) Cockpit trim control input posi- structural components.
tion—pitch; (c) For all turbine-engine powered
(83) Cockpit trim control input posi- transport category airplanes manufac-
tion—roll; tured on or before October 11, 1991—
(84) Cockpit trim control input posi- (1) That were equipped as of July 16,
tion—yaw; 1996, with one or more digital data
(85) Trailing edge flap and cockpit bus(es) and an ARINC 717 digital flight
flap control position; data acquisition unit (DFDAU) or
(86) Leading edge flap and cockpit equivalent, the parameters specified in
flap control position; paragraphs (a)(1) through (a)(22) of this
(87) Ground spoiler position and speed section must be recorded within the
brake selection; ranges, accuracies, resolutions, and
(88) All cockpit flight control input sampling intervals specified in Appen-
forces (control wheel, control column, dix M of this part by August 20, 2001.
rudder pedal); Parameters listed in paragraphs (a)(12)
(89) Yaw damper status; through (a)(14) each may be recorded
(90) Yaw damper command; and from a single source.
(91) Standby rudder valve status. (2) Commensurate with the capacity
(b) For all turbine-engine powered of the recording system (DFDAU or
transport category airplanes manufac- equivalent and the DFDR), all addi-
tured on or before October 11, 1991, by tional parameters for which informa-
August 20, 2001. tion sources are installed and which
(1) For airplanes not equipped as of are connected to the recording system
July 16, 1996, with a flight data acquisi- must be recorded within the ranges, ac-
lpowell on DSK54DXVN1OFR with $$_JOB

tion unit (FDAU), the parameters list- curacies, resolutions, and sampling in-
ed in paragraphs (a)(1) through (a)(18) tervals specified in Appendix M of this
of this section must be recorded within part by August 20, 2001.

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§ 121.344 14 CFR Ch. I (1–1–16 Edition)

(3) That were subject to § 121.343(e) of (2) In addition to the requirements of


this part, all conditions of § 121.343(e) paragraphs (f)(1) of this section, all
must continue to be met until compli- Boeing 737 model airplanes must also
ance with paragraph (c)(1) of this sec- comply with the requirements of para-
tion is accomplished. graph (n) of this section.
(d) For all turbine-engine-powered (g) Whenever a flight data recorder
transport category airplanes that were required by this section is installed, it
manufactured after October 11, 1991— must be operated continuously from
(1) The parameters listed in para- the instant the airplane begins its
graph (a)(1) through (a)(34) of this sec- takeoff roll until it has completed its
tion must be recorded within the landing roll.
ranges, accuracies, resolutions, and re- (h) Except as provided in paragraph
cording intervals specified in Appendix (i) of this section, and except for re-
M of this part by August 20, 2001. Pa- corded data erased as authorized in
rameters listed in paragraphs (a)(12) this paragraph, each certificate holder
through (a)(14) each may be recorded shall keep the recorded data prescribed
from a single source. by this section, as appropriate, until
(2) Commensurate with the capacity the airplane has been operated for at
of the recording system, all additional least 25 hours of the operating time
parameters for which information specified in § 121.359(a) of this part. A
sources are installed and which are total of 1 hour of recorded data may be
connected to the recording system erased for the purpose of testing the
must be recorded within the ranges, ac-
flight recorder or the flight recorder
curacies, resolutions, and sampling in-
system. Any erasure made in accord-
tervals specified in Appendix M of this
ance with this paragraph must be of
part by August 20, 2001.
the oldest recorded data accumulated
(e) For all turbine-engine-powered
at the time of testing. Except as pro-
transport category airplanes that are
vided in paragraph (i) of this section,
manufactured after August 18, 2000—
no record need be kept more than 60
(1) The parameters listed in para-
days.
graph (a)(1) through (57) of this section
must be recorded within the ranges, ac- (i) In the event of an accident or oc-
curacies, resolutions, and recording in- currence that requires immediate noti-
tervals specified in Appendix M of this fication of the National Transportation
part. Safety Board under 49 CFR 830 of its
(2) Commensurate with the capacity regulations and that results in termi-
of the recording system, all additional nation of the flight, the certificate
parameters for which information holder shall remove the recorder from
sources are installed and which are the airplane and keep the recorder data
connected to the recording system, prescribed by this section, as appro-
must be recorded within the ranges, ac- priate, for at least 60 days or for a
curacies, resolutions, and sampling in- longer period upon the request of the
tervals specified in Appendix M of this Board or the Administrator.
part. (j) Each flight data recorder system
(3) In addition to the requirements of required by this section must be in-
paragraphs (e)(1) and (e)(2) of this sec- stalled in accordance with the require-
tion, all Boeing 737 model airplanes ments of § 25.1459(a) (except paragraphs
must also comply with the require- (a)(3)(ii) and (a)(7)), (b), (d) and (e) of
ments of paragraph (n) of this section, this chapter. A correlation must be es-
as applicable. tablished between the values recorded
(f) For all turbine-engine-powered by the flight data recorder and the cor-
transport category airplanes manufac- responding values being measured. The
tured after August 19, 2002— correlation must contain a sufficient
(1) The parameters listed in para- number of correlation points to accu-
graphs (a)(1) through (a)(88) of this sec- rately establish the conversion from
tion must be recorded within the the recorded values to engineering
lpowell on DSK54DXVN1OFR with $$_JOB

ranges, accuracies, resolutions, and re- units or discrete state over the full op-
cording intervals specified in appendix erating range of the parameter. Except
M to this part. for airplanes having separate altitude

134

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Federal Aviation Administration, DOT § 121.344a

and airspeed sensors that are an inte- must have a digital flight data recorder
gral part of the flight data recorder installed that also—
system, a single correlation may be es- (1) Meets the requirements of
tablished for any group of airplanes— § 25.1459(a)(3), (a)(7), and (a)(8) of this
(1) That are of the same type; chapter; and
(2) On which the flight recorder sys- (2) Retains the 25 hours of recorded
tem and its installation are the same; information required in paragraph (h)
and of this section using a recorder that
(3) On which there is no difference in meets the standards of TSO–C124a, or
the type design with respect to the in- later revision.
stallation of those sensors associated (n) In addition to all other applicable
with the flight data recorder system. requirements of this section, all Boeing
Documentation sufficient to convert 737 model airplanes manufactured after
recorded data into the engineering August 18, 2000 must record the param-
units and discrete values specified in eters listed in paragraphs (a)(88)
the applicable appendix must be main- through (a)(91) of this section within
tained by the certificate holder. the ranges, accuracies, resolutions, and
(k) Each flight data recorder required recording intervals specified in Appen-
by this section must have an approved dix M to this part. Compliance with
device to assist in locating that re- this paragraph is required no later
corder under water. than February 2, 2011.
(l) The following airplanes that were [Doc. No. 28109, 62 FR 38378, July 17, 1997; 62
manufactured before August 18, 1997 FR 48135, Sept. 12, 1997, as amended by Amdt.
need not comply with this section, but 121–300, 68 FR 42936, July 18, 2003; 68 FR 50069,
must continue to comply with applica- Aug. 20, 2003; Amdt. 121–338, 73 FR 12565, Mar.
ble paragraphs of § 121.343 of this chap- 7, 2008; Amdt. 121–342, 73 FR 73178, Dec. 2,
ter, as appropriate: 2008; Amdt. 121–338, 74 FR 32800, July 9, 2009]
(1) Airplanes that meet the State 2
noise levels of part 36 of this chapter § 121.344a Digital flight data recorders
for 10–19 seat airplanes.
and are subject to § 91.801(c) of this
chapter, until January 1, 2000. On and (a) Except as provided in paragraph
after January 1, 2000, any Stage 2 air- (f) of this section, no person may oper-
plane otherwise allowed to be operated ate under this part a turbine-engine-
under Part 91 of this chapter must powered airplane having a passenger
comply with the applicable flight data seating configuration, excluding any
recorder requirements of this section required crewmember seat, of 10 to 19
for that airplane. seats, that was brought onto the U.S.
(2) British Aerospace 1–11, General register after, or was registered outside
Dynamics Convair 580, General Dynam- the United States and added to the op-
ics Convair 600, General Dynamics erator’s U.S. operations specifications
Convair 640, deHavilland Aircraft Com- after, October 11, 1991, unless it is
pany Ltd. DHC–7, Fairchild Industries equipped with one or more approved
FH 227, Fokker F–27 (except Mark 50), flight recorders that use a digital
F–28 Mark 1000 and Mark 4000, Gulf- method of recording and storing data
stream Aerospace G–159, Jetstream 4100 and a method of readily retrieving that
Series, Lockheed Aircraft Corporation data from the storage medium. On or
Electra 10–A, Lockheed Aircraft Cor- before August 20, 2001, airplanes
poration Electra 10–B, Lockheed Air- brought onto the U.S. register after Oc-
craft Corporation Electra 10–E, Lock- tober 11, 1991, must comply with either
heed Aircraft Corporation Electra L– the requirements in this section or the
188, Lockheed Martin Model 382 (L–100) applicable paragraphs in § 135.152 of this
Hercules, Maryland Air Industries, Inc. chapter. In addition, by August 20, 2001.
F27, Mitsubishi Heavy Industries, Ltd. (1) The parameters listed in
YS–11, Short Bros. Limited SD3–30, §§ 121.344(a)(1) through 121.344(a)(18) of
Short Bros. Limited SD3–60. this part must be recorded with the
lpowell on DSK54DXVN1OFR with $$_JOB

(m) All aircraft subject to the re- ranges, accuracies, and resolutions
quirements of this section that are specified in Appendix B of part 135 of
manufactured on or after April 7, 2010, this chapter, except that—

135

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§ 121.344a 14 CFR Ch. I (1–1–16 Edition)

(i) Either the parameter listed in the recording system, must be recorded
§ 121.344 (a)(12) or (a)(15) of this part within the ranges, accuracies, resolu-
must be recorded; either the param- tions, and sampling intervals specified
eters listed in § 121.344(a)(13) or (a)(16) in Appendix M of this part by August
of this part must be recorded; and ei- 20, 2001.
ther the parameter listed in (c) For all turbine-engine-powered
§ 121.344(a)(14) or (a)(17) of this part airplanes having a passenger seating
must be recorded. configuration, excluding any required
(ii) For airplanes with more than two crewmember seats, of 10 to 19 seats,
engines, the parameter described in that are manufactured after August 19,
§ 121.344(a)(18) of this part must also be 2002, the parameters listed in
recorded if sufficient capacity is avail- § 121.344(a)(1) through (a)(88) of this
able on the existing recorder to record part must be recorded within the
that parameter; ranges, accuracies, resolutions, and re-
(iii) Parameters listed in cording intervals specified in Appendix
§§ 121.344(a)(12) through 121.344(a)(17) of M of this part.
this part each may be recorded from a (d) Each flight data recorder system
single source; required by this section must be in-
(iv) Any parameter for which no stalled in accordance with the require-
value is contained in Appendix B of ments of § 23.1459(a) (except paragraphs
part 135 of this chapter must be re- (a)(3)(ii) and (6)), (b), (d) and (e) of this
corded within the ranges, accuracies, chapter. A correlation must be estab-
and resolutions specified in Appendix lished between the values recorded by
M of this part. the flight data recorder and the cor-
(2) Commensurate with the capacity responding values being measured. The
of the recording system (FDAU or correlation must contain a sufficient
equivalent and the DFDR), the param- number of correlation points to accu-
eters listed in §§ 121.344(a)(19) through
rately establish the conversion from
121.344(a)(22) of this part also must be
the recorded values to engineering
recorded within the ranges, accuracies,
units or discrete state over the full op-
resolutions, and recording intervals
erating range of the parameter. A sin-
specified in Appendix B of part 135 of
gle correlation may be established for
this chapter.
any group of airplanes—
(3) The approved flight recorder re-
quired by this section must be installed (1) That are of the same type;
as soon as practicable, but no later (2) On which the flight recorder sys-
than the next heavy maintenance tem and its installation are the same;
check or equivalent after August 18, and
1999. A heavy maintenance check is (3) On which there is no difference in
considered to be any time an airplane the type design with respect to the in-
is scheduled to be out of service for 4 stallation of those sensors associated
more days and is scheduled to include with the flight data recorder system.
access to major structural components. Correlation documentation must be
(b) For a turbine-engine-powered air- maintained by the certificate holder.
planes having a passenger seating con- (e) All airplanes subject to this sec-
figuration, excluding any required tion are also subject to the require-
crewmember seat, of 10 to 19 seats, that ments and exceptions stated in
are manufactured after August 18, 2000. § 121.344(g) through (k) and § 121.346.
(1) The parameters listed in (f) For airplanes that were manufac-
§§ 121.344(a)(1) through 121.344(a)(57) of tured before August 18, 1997, the fol-
this part, must be recorded within the lowing airplane types need not comply
ranges, accuracies, resolutions, and re- with this section, but must continue to
cording intervals specified in Appendix comply with applicable paragraphs of
M of this part. § 135.152 of this chapter, as appropriate:
(2) Commensurate with the capacity Beech Aircraft–99 Series, Beech Air-
of the recording system, all additional craft 1300, Beech Aircraft 1900C,
lpowell on DSK54DXVN1OFR with $$_JOB

parameters listed in § 121.344(a) of this Construcciones Aeronauticas, S.A.


part for which information sources are (CASA) C–212, deHavilland DHC–6,
installed and which are connected to Dornier 228, HS–748, Embraer EMB 110,

136

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Federal Aviation Administration, DOT § 121.346

Jetstream 3101, Jetstream 3201, Fair- (ii) Reinstallation of equipment after


child Aircraft SA–226, Fairchild Metro temporary removal for maintenance; or
SA–227. (iii) For fleet operations, installation
(g) All airplanes subject to the re- of equipment in a fleet aircraft after
quirements of this section that are removal of the equipment for mainte-
manufactured on or after April 7, 2010, nance from another aircraft in the
must have a digital flight data recorder same operator’s fleet.
installed that also—
[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as
(1) Meets the requirements in amended by Amdt. 121–101, 37 FR 28499, Dec.
§ 23.1459(a)(3), (a)(6), and (a)(7) or 27, 1972; Amdt. 121–190, 52 FR 3391, Feb. 3,
§ 25.1459(a)(3), (a)(7), and (a)(8) of this 1987]
chapter, as applicable; and
(2) Retains the 25 hours of recorded § 121.346 Flight data recorders: fil-
information required in § 121.344(g) tered data.
using a recorder that meets the stand- (a) A flight data signal is filtered
ards of TSO–C124a, or later revision. when an original sensor signal has been
changed in any way, other than
[Doc. No. 28109, 62 FR 38380, July 17, 1997; 62
FR 48135, Sept. 12, 1997; 62 FR 65202, Dec. 11, changes necessary to:
1997, as amended by Amdt. 121–300, 68 FR (1) Accomplish analog to digital con-
42936, July 18, 2003; Amdt. 121–338, 73 FR version of the signal;
12566, Mar. 7, 2008; Amdt. 121–338, 74 FR 32801, (2) Format a digital signal to be
July 9, 2009; Amdt. 121–347, 75 FR 7356, Feb. DFDR compatible; or
19, 2010]
(3) Eliminate a high frequency com-
§ 121.345 Radio equipment. ponent of a signal that is outside the
operational bandwidth of the sensor.
(a) No person may operate an air- (b) An original sensor signal for any
plane unless it is equipped with radio flight recorder parameter required to
equipment required for the kind of op- be recorded under § 121.344 may be fil-
eration being conducted. tered only if the recorded signal value
(b) Where two independent (separate continues to meet the requirements of
and complete) radio systems are re- Appendix B or M of this part, as appli-
quired by §§ 121.347 and 121.349, each cable.
system must have an independent an- (c) For a parameter described in
tenna installation except that, where § 121.344(a) (12) through (17), (42), or (88),
rigidly supported nonwire antennas or or the corresponding parameter in Ap-
other antenna installations of equiva- pendix B of this part, if the recorded
lent reliability are used, only one an- signal value is filtered and does not
tenna is required. meet the requirements of Appendix B
(c) ATC transponder equipment in- or M of this part, as applicable, the cer-
stalled within the time periods indi- tificate holder must:
cated below must meet the perform- (1) Remove the filtering and ensure
ance and environmental requirements that the recorded signal value meets
of the following TSO’s: the requirements of Appendix B or M of
(1) Through January 1, 1992: (i) Any this part, as applicable; or
class of TSO-C74b or any class of TSO- (2) Demonstrate by test and analysis
C74c as appropriate, provided that the that the original sensor signal value
equipment was manufactured before can be reconstructed from the recorded
January 1, 1990; or data. This demonstration requires
(ii) The appropriate class of TSO-C112 that:
(Mode S). (i) The FAA determine that the pro-
(2) After January 1, 1992: The appro- cedure and the test results submitted
priate class of TSO-C112 (Mode S). For by the certificate holder as its compli-
purposes of paragraph (c) (2) of this sec- ance with paragraph (c)(2) of this sec-
tion, ‘‘installation’’ does not include— tion are repeatable; and
(i) Temporary installation of TSO- (ii) The certificate holder maintains
lpowell on DSK54DXVN1OFR with $$_JOB

C74b or TSO-C74c substitute equip- documentation of the procedure re-


ment, as appropriate, during mainte- quired to reconstruct the original sen-
nance of the permanent equipment; sor signal value. This documentation is

137

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§ 121.347 14 CFR Ch. I (1–1–16 Edition)

also subject to the requirements of (1) Communicate with at least one


§ 121.344(i). appropriate station from any point on
(d) Compliance. Compliance is re- the route;
quired as follows: (2) Communicate with appropriate air
(1) No later than October 20, 2011, traffic control facilities from any point
each operator must determine, for each within Class B, Class C, or Class D air-
airplane on its operations specifica- space, or within a Class E surface area
tions, whether the airplane’s DFDR designated for an airport in which
system is filtering any of the param- flights are intended; and
eters listed in paragraph (c) of this sec- (3) Receive meteorological informa-
tion. The operator must create a record tion from any point en route by either
of this determination for each airplane of two independent systems. One of the
it operates, and maintain it as part of means provided to comply with this
the correlation documentation re- subparagraph may be used to comply
quired by § 121.344(j)(3) of this part. with paragraphs (a)(1) and (2) of this
(2) For airplanes that are not fil- section.
tering any listed parameter, no further (b) No person may operate an air-
action is required unless the airplane’s
plane at night under VFR over routes
DFDR system is modified in a manner
that can be navigated by pilotage un-
that would cause it to meet the defini-
less that airplane is equipped with—
tion of filtering on any listed param-
eter. (1) Radio communication equipment
(3) For airplanes found to be filtering necessary under normal operating con-
a parameter listed in paragraph (c) of ditions to fulfill the functions specified
this section, the operator must either: in paragraph (a) of this section; and
(i) No later than April 21, 2014, re- (2) Navigation equipment suitable for
move the filtering; or the route to be flown.
(ii) No later than April 22, 2013, sub- [Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as
mit the necessary procedure and test amended by Amdt. 121–226, 56 FR 65663, Dec.
results required by paragraph (c)(2) of 17, 1991; Amdt. 121–333, 72 FR 31681, June 7,
this section. 2007]
(4) After April 21, 2014, no aircraft
flight data recording system may filter § 121.349 Communication and naviga-
any parameter listed in paragraph (c) tion equipment for operations
of this section that does not meet the under VFR over routes not navi-
gated by pilotage or for operations
requirements of Appendix B or M of under IFR or over the top.
this part, unless the certificate holder
possesses test and analysis procedures (a) Navigation equipment require-
and the test results that have been ap- ments—General. No person may conduct
proved by the FAA. All records of operations under VFR over routes that
tests, analysis and procedures used to cannot be navigated by pilotage, or op-
comply with this section must be erations conducted under IFR or over
maintained as part of the correlation the top, unless—
documentation required by (1) The en route navigation aids nec-
§ 121.344(j)(3) of this part. essary for navigating the airplane
along the route (e.g., ATS routes, ar-
[Doc. No. FAA–2006–26135, 75 FR 7356, Feb. 19,
2010]
rival and departure routes, and instru-
ment approach procedures, including
§ 121.347 Communication and naviga- missed approach procedures if a missed
tion equipment for operations approach routing is specified in the
under VFR over routes navigated procedure) are available and suitable
by pilotage. for use by the aircraft navigation sys-
(a) No person may operate an air- tems required by this section;
plane under VFR over routes that can (2) The airplane used in those oper-
be navigated by pilotage unless the air- ations is equipped with at least—
plane is equipped with the radio com- (i) Except as provided in paragraph
lpowell on DSK54DXVN1OFR with $$_JOB

munication equipment necessary under (c) of this section, two approved inde-
normal operating conditions to fulfill pendent navigation systems suitable
the following: for navigating the airplane along the

138

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Federal Aviation Administration, DOT § 121.351

route to be flown within the degree of (e) Additional communication system


accuracy required for ATC; equipment requirements for operators sub-
(ii) One marker beacon receiver pro- ject to § 121.2. In addition to the require-
viding visual and aural signals; and ments in paragraph (b) of this section,
(iii) One ILS receiver; and no person may operate an airplane hav-
(3) Any RNAV system used to meet ing a passenger seat configuration of 10
the navigation equipment require- to 30 seats, excluding each crewmember
ments of this section is authorized in seat, and a maximum payload capacity
the certificate holder’s operations of 7,500 pounds or less, under IFR, over
specifications. the top, or in extended over-water op-
(b) Communication equipment require- erations unless it is equipped with at
ments. No person may operate an air- least—
plane under VFR over routes that can- (1) Two microphones; and
not be navigated by pilotage, and no (2) Two headsets, or one headset and
person may operate an airplane under one speaker.
IFR or over the top, unless the airplane [Doc. No. FAA–2002–14002, 72 FR 31681, June 7,
is equipped with— 2007]
(1) At least two independent commu-
nication systems necessary under nor- § 121.351 Communication and naviga-
mal operating conditions to fulfill the tion equipment for extended over-
functions specified in § 121.347 (a); and water operations and for certain
(2) At least one of the communica- other operations.
tion systems required by paragraph (a) Except as provided in paragraph
(b)(1) of this section must have two- (c) of this section, no person may con-
way voice communication capability. duct an extended over-water operation
(c) Use of a single independent naviga- unless the airplane is equipped with at
tion system for operations under VFR over least two independent long-range navi-
routes that cannot be navigated by pilot- gation systems and at least two inde-
age, or operations conducted under IFR pendent long-range communication
or over the top. Notwithstanding the re- systems necessary under normal oper-
quirements of paragraph (a)(2)(i) of this ating conditions to fulfill the following
section, the airplane may be equipped functions—
with a single independent navigation (1) Communicate with at least one
system suitable for navigating the air- appropriate station from any point on
plane along the route to be flown with- the route;
in the degree of accuracy required for (2) Receive meteorological informa-
ATC if: tion from any point on the route by ei-
(1) It can be shown that the airplane ther of two independent communica-
is equipped with at least one other tion systems. One of the communica-
independent navigation system suit- tion systems used to comply with this
able, in the event of loss of the naviga- paragraph may be used to comply with
tion capability of the single inde- paragraphs (a)(1) and (a)(3) of this sec-
pendent navigation system permitted tion; and
by this paragraph at any point along (3) At least one of the communica-
the route, for proceeding safely to a tion systems must have two-way voice
suitable airport and completing an in- communication capability.
strument approach; and (b) No certificate holder conducting a
(2) The airplane has sufficient fuel so flag or supplemental operation or a do-
that the flight may proceed safely to a mestic operation within the State of
suitable airport by use of the remain- Alaska may conduct an operation with-
ing navigation system, and complete out the equipment specified in para-
an instrument approach and land. graph (a) of this section, if the Admin-
(d) Use of VOR navigation equipment. istrator finds that equipment to be
If VOR navigation equipment is used to necessary for search and rescue oper-
comply with paragraph (a) or (c) of this ations because of the nature of the ter-
section, no person may operate an air- rain to be flown over.
lpowell on DSK54DXVN1OFR with $$_JOB

plane unless it is equipped with at least (c) Notwithstanding the require-


one approved DME or suitable RNAV ments of paragraph (a) of this section,
system. installation and use of a single LRNS

139

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§ 121.353 14 CFR Ch. I (1–1–16 Edition)

and a single LRCS may be authorized (c) Enough survival kits, appro-
by the Administrator and approved in priately equipped for the route to be
the certificate holder’s operations flown for the number of occupants of
specifications for operations and routes the airplane.
in certain geographic areas. The fol- [Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as
lowing are among the operational fac- amended by Amdt. 121–79, 36 FR 18724, Sept.
tors the Administrator may consider in 21, 1971; Amdt. 121–106, 38 FR 22378 Aug. 20,
granting an authorization: 1973; Amdt. 121–158, 45 FR 38348, June 9, 1980;
(1) The ability of the flightcrew to Amdt. 121–239, 59 FR 32057, June 21, 1994;
navigate the airplane along the route Amdt. 121–251, 60 FR 65932, Dec. 20, 1995]
within the degree of accuracy required
§ 121.354 Terrain awareness and warn-
for ATC, ing system.
(2) The length of the route being
flown, and (a) Airplanes manufactured after March
29, 2002. No person may operate a tur-
(3) The duration of the very high fre-
bine-powered airplane unless that air-
quency communications gap.
plane is equipped with an approved ter-
[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as rain awareness and warning system
amended by Amdt. 121–253, 61 FR 2611, Jan. that meets the requirements for Class
26, 1996; Amdt. 121–254, 61 FR 7191, Feb. 26, A equipment in Technical Standard
1996; Amdt. 121–333, 72 FR 31682, June 7, 2007] Order (TSO)–C151. The airplane must
also include an approved terrain situa-
§ 121.353 Emergency equipment for op- tional awareness display.
erations over uninhabited terrain
areas: Flag, supplemental, and cer- (b) Airplanes manufactured on or before
tain domestic operations. March 29, 2002. No person may operate
a turbine-powered airplane after March
Unless the airplane has the following 29, 2005, unless that airplane is
equipment, no person may conduct a equipped with an approved terrain
flag or supplemental operation or a do- awareness and warning system that
mestic operation within the States of meets the requirements for Class A
Alaska or Hawaii over an uninhabited equipment in Technical Standard Order
area or any other area that (in its oper- (TSO)–C151. The airplane must also in-
ations specifications) the Adminis- clude an approved terrain situational
trator specifies required equipment for awareness display.
search and rescue in case of an emer-
gency: (Approved by the Office of Management and
Budget under control number 2120–0631)
(a) Suitable pyrotechnic signaling de-
vices. (c) Airplane Flight Manual. The Air-
(b) An approved survival type emer- plane Flight Manual shall contain ap-
gency locator transmitter. Batteries propriate procedures for—
used in this transmitter must be re- (1) The use of the terrain awareness
placed (or recharged, if the battery is and warning system; and
rechargeable) when the transmitter has (2) Proper flight crew reaction in re-
been in use for more than 1 cumulative sponse to the terrain awareness and
hour, or when 50 percent of their useful warning system audio and visual warn-
life (or for rechargeable batteries, 50 ings.
percent of their useful life of charge) [Doc. No. 29312, 65 FR 16755, Mar. 29, 2000]
has expired, as established by the
transmitter manufacturer under its ap- § 121.355 Equipment for operations on
proval. The new expiration date for re- which specialized means of naviga-
placing (or recharging) the battery tion are used.
must be legibly marked on the outside (a) No certificate holder may conduct
of the transmitter. The battery useful an operation—
life (or useful life of charge) require- (1) Using Doppler Radar or an Iner-
ments of this paragraph do not apply tial Navigation System outside the 48
to batteries (such as water-activated contiguous States and the District of
lpowell on DSK54DXVN1OFR with $$_JOB

batteries) that are essentially unaf- Columbia, unless such systems have
fected during probable storage inter- been approved in accordance with ap-
vals. pendix G to this part; or

140

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Federal Aviation Administration, DOT § 121.357

(2) Using Doppler Radar or an Iner- COLLISION AVOIDANCE SYSTEMS—Continued


tial Navigation System within the 48
Then you must operate that airplane
contiguous States and the District of If you operate any— with—
Columbia, or any other specialized
(c) Piston-powered (1) TCAS I that meets TSO C–118, or
means of navigation, unless it shows airplane of more a later version, or
that an adequate airborne system is than 33,000 (2) A collision avoidance system equiv-
provided for the specialized navigation pounds maximum alent to maximum TSO C–118, or a
certificated take- later version, or
authorized for the particular operation. off weight. (3) A collision avoidance system and
(b) Notwithstanding paragraph (a) of Mode S transponder that meet para-
this section, Doppler Radar and Iner- graph (a)(1) of this section.
tial Navigation Systems, and the train-
ing programs, maintenance programs, [Doc. No. FAA–2001–10910, 68 FR 15902, Apr. 1,
relevant operations manual material, 2003]
and minimum equipment lists prepared
in accordance therewith, approved be- § 121.357 Airborne weather radar
equipment requirements.
fore April 29, 1972, are not required to
be approved in accordance with that (a) No person may operate any trans-
paragraph. port category airplane (except C–46
type airplanes) or a nontransport cat-
[Doc. No. 10204, 37 FR 6464, Mar. 30, 1972] egory airplane certificated after De-
cember 31, 1964, unless approved air-
§ 121.356 Collision avoidance system. borne weather radar equipment has
Effective January 1, 2005, any air- been installed in the airplane.
plane you operate under this part must (b) [Reserved]
be equipped and operated according to (c) Each person operating an airplane
the following table: required to have approved airborne
weather radar equipment installed
COLLISION AVOIDANCE SYSTEMS shall, when using it under this part, op-
erate it in accordance with the fol-
Then you must operate that airplane
If you operate any— with— lowing:
(1) Dispatch. No person may dispatch
(a) Turbine-powered (1) An appropriate class of Mode S an airplane (or begin the flight of an
airplane of more transponder that meets Technical
than 33,000 Standard Order (TSO) C–112, or a airplane in the case of a certificate
pounds maximum later version, and one of the fol- holder, that does not use a dispatch
certificated take- lowing approved units: system) under IFR or night VFR condi-
off weight. (i) TCAS II that meets TSO C–119b
(version 7.0), or takeoff weight a
tions when current weather reports in-
later version. dicate that thunderstorms, or other po-
(ii) TCAS II that meets TSO C–119a tentially hazardous weather conditions
(version 6.04A Enhanced) that was that can be detected with airborne
installed in that airplane before May
1, 2003. If that TCAS II version weather radar, may reasonably be ex-
6.04A Enhanced no longer can be pected along the route to be flown, un-
repaired to TSO C–119a standards, less the airborne weather radar equip-
it must be replaced with a TCAS II
that meets TSO C–119b (version
ment is in satisfactory operating con-
7.0), or a later version. dition.
(iii) A collision avoidance system equiv- (2) If the airborne weather radar be-
alent to TSO C–119b (version 7.0), comes inoperative en route, the air-
or a later version, capable of coordi-
nating with units that meet TSO C– plane must be operated in accordance
119a (version 6.04A Enhanced), or a with the approved instructions and
later version. procedures specified in the operations
(b) Passenger or (1) TCAS I that meets TSO C–118, or manual for such an event.
combination a later version, or
cargo/passenger (2) A collision avoidance system equiv- (d) This section does not apply to air-
(combi) airplane alent to has a TSO C–118, or a later planes used solely within the State of
that has a pas- version, or Hawaii or within the State of Alaska
senger seat con- (3) A collision avoidance system and
figuration of 10– Mode S transponder that meet para- and that part of Canada west of lon-
30 seats. graph (a)(1) of this section. gitude 130 degrees W, between latitude
lpowell on DSK54DXVN1OFR with $$_JOB

70 degrees N, and latitude 53 degrees N,


or during any training, test, or ferry
flight.

141

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§ 121.358 14 CFR Ch. I (1–1–16 Edition)

(e) Notwithstanding any other provi- sion of the compliance date in para-
sion of this chapter, an alternate elec- graph (b) of this section if it obtains
trical power supply is not required for FAA approval of a retrofit schedule. To
airborne weather radar equipment. obtain approval of a retrofit schedule
and show continued compliance with
[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as
amended by Amdt. 121–18, 31 FR 5825, Apr. 15, that schedule, a certificate holder must
1966; Amdt. 121–130, 41 FR 47229, Oct. 28, 1976; do the following:
Amdt. 121–251, 60 FR 65932, Dec. 20, 1995] (1) Submit a request for approval of a
retrofit schedule by June 1, 1990, to the
§ 121.358 Low-altitude windshear sys- Flight Standards Division Manager in
tem equipment requirements. the region of the certificate holding
(a) Airplanes manufactured after Janu- district office.
ary 2, 1991. No person may operate a (2) Show that all of the certificate
turbine-powered airplane manufac- holder’s airplanes required to be
tured after January 2, 1991, unless it is equipped in accordance with this sec-
equipped with either an approved air- tion will be equipped by the final com-
borne windshear warning and flight pliance date established for TCAS II
guidance system, an approved airborne retrofit.
detection and avoidance system, or an (3) Comply with its retrofit schedule
approved combination of these sys- and submit status reports containing
tems. information acceptable to the Adminis-
(b) Airplanes manufactured before Jan- trator. The initial report must be sub-
uary 3, 1991. Except as provided in para- mitted by January 2, 1991, and subse-
graph (c) of this section, after January quent reports must be submitted every
2, 1991, no person may operate a tur- six months thereafter until completion
bine-powered airplane manufactured of the schedule. The reports must be
before January 3, 1991 unless it meets submitted to the certificate holder’s
one of the following requirements as assigned Principal Avionics Inspector.
applicable. (d) Definitions. For the purposes of
(1) The makes/models/series listed this section the following definitions
below must be equipped with either an apply—
(1) Turbine-powered airplane includes,
approved airborne windshear warning
e.g., turbofan-, turbojet-, propfan-, and
and flight guidance system, an ap-
ultra-high bypass fan-powered air-
proved airborne detection and avoid-
planes. The definition specifically ex-
ance system, or an approved combina-
cludes turbopropeller-powered air-
tion of these systems:
planes.
(i) A–300–600;
(2) An airplane is considered manu-
(ii) A–310—all series;
factured on the date the inspection ac-
(iii) A–320—all series;
ceptance records reflect that the air-
(iv) B–737–300, 400, and 500 series;
plane is complete and meets the FAA
(v) B–747–400;
Approved Type Design data.
(vi) B–757—all series;
(vii) B–767—all series; [Doc. No. 25954, 55 FR 13242, Apr. 9, 1990]
(viii) F–100—all series;
(ix) MD–11—all series; and § 121.359 Cockpit voice recorders.
(x) MD–80 series equipped with an (a) No certificate holder may operate
EFIS and Honeywell-970 digital flight a large turbine engine powered airplane
guidance computer. or a large pressurized airplane with
(2) All other turbine-powered air- four reciprocating engines unless an
planes not listed above must be approved cockpit voice recorder is in-
equipped with as a minimum require- stalled in that airplane and is operated
ment, an approved airborne windshear continuously from the start of the use
warning system. These airplanes may of the checklist (before starting en-
be equipped with an approved airborne gines for the purpose of flight), to com-
windshear detection and avoidance sys- pletion of the final checklist at the ter-
tem, or an approved combination of mination of the flight.
lpowell on DSK54DXVN1OFR with $$_JOB

these systems. (b) [Reserved]


(c) Extension of the compliance date. A (c) The cockpit voice recorder re-
certificate holder may obtain an exten- quired by paragraph (a) of this section

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Federal Aviation Administration, DOT § 121.359

must meet the following application (g) For those aircraft equipped to
standards: record the uninterrupted audio signals
(1) The requirements of part 25 of this received by a boom or a mask micro-
chapter in affect on August 31, 1977. phone, the flight crewmembers are re-
(2) After September 1, 1980, each re- quired to use the boom microphone
corder container must— below 18,000 feet mean sea level. No
(i) Be either bright orange or bright person may operate a large turbine en-
yellow; gine powered airplane or a large pres-
(ii) Have reflective tape affixed to the surized airplane with four recipro-
external surface to facilitate its loca- cating engines manufactured after Oc-
tion under water; and tober 11, 1991, or on which a cockpit
voice recorder has been installed after
(iii) Have an approved underwater lo-
October 11, 1991, unless it is equipped to
cating device on or adjacent to the con-
record the uninterrupted audio signal
tainer which is secured in such a man-
received by a boom or mask micro-
ner that they are not likely to be sepa-
phone in accordance with § 25.1457(c)(5)
rated during crash impact, unless the
of this chapter.
cockpit voice recorder, and the flight
(h) In the event of an accident or oc-
recorder required by § 121.343, are in-
currence requiring immediate notifica-
stalled adjacent to each other in such a
tion of the National Transportation
manner that they are not likely to be
Safety Board under part 830 of its regu-
separated during crash impact.
lations, which results in the termi-
(d) No person may operate a multien-
nation of the flight, the certificate
gine, turbine-powered airplane having
holder shall keep the recorded informa-
a passenger seat configuration of 10–19
tion for at least 60 days or, if requested
seats unless it is equipped with an ap-
by the Administrator or the Board, for
proved cockpit voice recorder that:
a longer period. Information obtained
(1) Is installed in compliance with from the record is used to assist in de-
§ 23.1457(a)(1) and (2), (b), (c), (d)(1)(i), termining the cause of accidents or oc-
(2) and (3), (e), (f), and (g); or currences in connection with investiga-
§ 25.1457(a)(1) and (2), (b), (c), (d)(1)(i), tions under part 830. The Adminis-
(2) and (3), (e), (f), and (g) of this chap- trator does not use the record in any
ter, as applicable; and civil penalty or certificate action.
(2) Is operated continuously from the (i) By April 7, 2012, all turbine en-
use of the checklist before the flight to gine-powered airplanes subject to this
completion of the final checklist at the section that are manufactured before
end of the flight. April 7, 2010, must have a cockpit voice
(e) No person may operate a multien- recorder installed that also—
gine, turbine-powered airplane having (1) Meets the requirements of
a passenger seat configuration of 20 to § 23.1457(d)(6) or § 25.1457(d)(6) of this
30 seats unless it is equipped with an chapter, as applicable;
approved cockpit voice recorder that— (2) Retains at least the last 2 hours of
(1) Is installed in accordance with the recorded information using a recorder
requirements of § 23.1457 (except para- that meets the standards of TSO–C123a,
graphs (a)(6), (d)(1)(ii), (4), and (5)) or or later revision; and
§ 25.1457 (except paragraphs (a)(6), (3) Is operated continuously from the
(d)(1)(ii), (4), and (5)) of this chapter, as use of the checklist before the flight to
applicable; and completion of the final checklist at the
(2) Is operated continuously from the end of the flight.
use of the checklist before the flight to (4) If transport category, meets the
completion of the final checklist at the requirements in § 25.1457(a)(3), (a)(4),
end of the flight. and (a)(5) of this chapter.
(f) In complying with this section, an (j) All turbine engine-powered air-
approved cockpit voice recorder having planes subject to this section that are
an erasure feature may be used, so that manufactured on or after April 7, 2010,
at any time during the operation of the must have a cockpit voice recorder in-
lpowell on DSK54DXVN1OFR with $$_JOB

recorder, information recorded more stalled that also—


than 30 minutes earlier may be erased (1) Is installed in accordance with the
or otherwise obliterated. requirements of § 23.1457 (except for

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§ 121.360 14 CFR Ch. I (1–1–16 Edition)

paragraph (a)(6) or § 25.1457 (except for who uses parts under this deviation
paragraph (a)(6)) of this chapter, as ap- must provide for surveillance of facili-
plicable; ties and practices to assure that all
(2) Retains at least the last 2 hours of work performed on these parts is ac-
recorded information using a recorder complished in accordance with the cer-
that meets the standards of TSO–C123a, tificate holder’s manual.
or later revision; and [Doc. No. 8754, 33 FR 14406, Sept. 25, 1968]
(3) Is operated continuously from the
use of the checklist before the flight to § 121.363 Responsibility for airworthi-
completion of the final checklist at the ness.
end of the flight. (a) Each certificate holder is pri-
(4) For all airplanes manufactured on marily responsible for—
or after December 6, 2010, also meets (1) The airworthiness of its aircraft,
the requirements of § 23.1457(a)(6) or including airframes, aircraft engines,
§ 25.1457(a)(6) of this chapter, as appli- propellers, appliances, and parts there-
cable. of; and
(k) All airplanes required by this part (2) The performance of the mainte-
to have a cockpit voice recorder and a nance, preventive maintenance, and al-
flight data recorder, that install teration of its aircraft, including air-
datalink communication equipment on frames, aircraft engines, propellers, ap-
or after December 6, 2010, must record pliances, emergency equipment, and
all datalink messages as required by parts thereof, in accordance with its
the certification rule applicable to the manual and the regulations of this
airplane. chapter.
[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964]
(b) A certificate holder may make ar-
rangements with another person for
EDITORIAL NOTE: For FEDERAL REGISTER ci- the performance of any maintenance,
tations affecting § 121.359, see the List of CFR preventive maintenance, or alter-
Sections Affected, which appears in the ations. However, this does not relieve
Finding Aids section of the printed volume
and at www.fdsys.gov.
the certificate holder of the responsi-
bility specified in paragraph (a) of this
§ 121.360 [Reserved] section.
[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as
Subpart L—Maintenance, Preven- amended by Amdt. 121–106, 38 FR 22378, Aug.
20, 1973]
tive Maintenance, and Alter-
ations § 121.365 Maintenance, preventive
maintenance, and alteration organi-
SOURCE: Docket No. 6258, 29 FR 19210, Dec. zation.
31, 1964, unless otherwise noted. (a) Each certificate holder that per-
forms any of its maintenance (other
§ 121.361 Applicability. than required inspections), preventive
(a) Except as provided by paragraph maintenance, or alterations, and each
(b) of this section, this subpart pre- person with whom it arranges for the
scribes requirements for maintenance, performance of that work must have an
preventive maintenance, and alter- organization adequate to perform the
ations for all certificate holders. work.
(b) The Administrator may amend a (b) Each certificate holder that per-
certificate holder’s operations speci- forms any inspections required by its
fications to permit deviation from manual in accordance with
those provisions of this subpart that § 121.369(b)(2) or (3) (in this subpart re-
would prevent the return to service and ferred to as required inspections) and
use of airframe components, power- each person with whom it arranges for
plants, appliances, and spare parts the performance of that work must
thereof because those items have been have an organization adequate to per-
maintained, altered, or inspected by form that work.
lpowell on DSK54DXVN1OFR with $$_JOB

persons employed outside the United (c) Each person performing required
States who do not hold U.S. airman inspections in addition to other main-
certificates. Each certificate holder tenance, preventive maintenance, or

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Federal Aviation Administration, DOT § 121.368

alterations, shall organize the perform- (i) Essential maintenance that could
ance of those functions so as to sepa- result in a failure, malfunction, or de-
rate the required inspection functions fect endangering the safe operation of
from the other maintenance, preven- an aircraft if not performed properly or
tive maintenance, and alteration func- if improper parts or materials are used;
tions. The separation shall be below (ii) Regularly scheduled mainte-
the level of administrative control at nance; or
which overall responsibility for the re- (iii) A required inspection item on an
quired inspection functions and other aircraft.
maintenance, preventive maintenance, (3) Directly in charge means having re-
and alteration functions are exercised. sponsibility for covered work per-
formed by a maintenance provider. A
[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as
amended by Amdt. 121–3, 30 FR 3639, Mar. 19,
representative of the certificate holder
1965] directly in charge of covered work does
not need to physically observe and di-
§ 121.367 Maintenance, preventive rect each maintenance provider con-
maintenance, and alterations pro- stantly, but must be available for con-
grams. sultation on matters requiring instruc-
Each certificate holder shall have an tion or decision.
inspection program and a program cov- (b) Each certificate holder must be
ering other maintenance, preventive directly in charge of all covered work
maintenance, and alterations that en- done for it by a maintenance provider.
sures that— (c) Each maintenance provider must
(a) Maintenance, preventive mainte- perform all covered work in accordance
nance, and alterations performed by it, with the certificate holder’s mainte-
or by other persons, are performed in nance manual.
accordance with the certificate hold- (d) No maintenance provider may
er’s manual; perform covered work unless that work
(b) Competent personnel and ade- is carried out under the supervision
quate facilities and equipment are pro- and control of the certificate holder.
vided for the proper performance of (e) Each certificate holder who con-
maintenance, preventive maintenance, tracts for maintenance, preventive
and alterations; and maintenance, or alterations must de-
(c) Each aircraft released to service velop and implement policies, proce-
is airworthy and has been properly dures, methods, and instructions for
maintained for operation under this the accomplishment of all contracted
part. maintenance, preventive maintenance,
and alterations. These policies, proce-
[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as dures, methods, and instructions must
amended by Amdt. 121–100, 37 FR 28053, Dec. provide for the maintenance, preven-
20, 1972] tive maintenance, and alterations to be
performed in accordance with the cer-
§ 121.368 Contract maintenance.
tificate holder’s maintenance program
(a) A certificate holder may arrange and maintenance manual.
with another person for the perform- (f) Each certificate holder who con-
ance of maintenance, preventive main- tracts for maintenance, preventive
tenance, and alterations as authorized maintenance, or alterations must en-
in § 121.379(a) only if the certificate sure that its system for the continuing
holder has met all the requirements in analysis and surveillance of the main-
this section. For purposes of this sec- tenance, preventive maintenance, and
tion— alterations carried out by the mainte-
(1) A maintenance provider is any per- nance provider, as required by
son who performs maintenance, preven- § 121.373(a), contains procedures for
tive maintenance, or an alteration for oversight of all contracted covered
a certificate holder other than a person work.
who is trained by and employed di- (g) The policies, procedures, methods,
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rectly by that certificate holder. and instructions required by para-


(2) Covered work means any of the fol- graphs (e) and (f) of this section must
lowing: be acceptable to the FAA and included

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§ 121.369 14 CFR Ch. I (1–1–16 Edition)

in the certificate holder’s maintenance (2) A designation of the items of


manual as required by§ 121.369(b)(10). maintenance and alteration that must
(h) Each certificate holder who con- be inspected (required inspections), in-
tracts for maintenance, preventive cluding at least those that could result
maintenance, or alterations must pro- in a failure, malfunction, or defect en-
vide to its FAA Certificate Holding dangering the safe operation of the air-
District Office, in a format acceptable craft, if not performed properly or if
to the FAA, a list that includes the improper parts or materials are used.
name and physical (street) address, or (3) The method of performing re-
addresses, where the work is carried quired inspections and a designation by
out for each maintenance provider that occupational title of personnel author-
performs work for the certificate hold- ized to perform each required inspec-
er, and a description of the type of tion.
maintenance, preventive maintenance, (4) Procedures for the reinspection of
or alteration that is to be performed at work performed pursuant to previous
each location. The list must be updated required inspection findings (buy-back
with any changes, including additions procedures).
or deletions, and the updated list pro- (5) Procedures, standards, and limits
vided to the FAA in a format accept- necessary for required inspections and
able to the FAA by the last day of each
acceptance or rejection of the items re-
calendar month.
quired to be inspected and for periodic
[Docket FAA–2011–1136, Amdt. 121–371, 80 FR inspection and calibration of precision
11546, Mar. 4, 2015] tools, measuring devices, and test
EFFECTIVE DATE NOTE: By Docket FAA– equipment.
2011–1136, Amdt. 121–371, 80 FR 11546, Mar. 4, (6) Procedures to ensure that all re-
2015, § 121.368 was added. This section con- quired inspections are performed.
tains information collection and record- (7) Instructions to prevent any per-
keeping requirements and will not become son who performs any item of work
effective until approval has been given by
the Office of Management and Budget. By
from performing any required inspec-
Amdt. 121–371A, 80 FR 25216, May 4, 2015, the tion of that work.
effective date was corrected to read Mar. 4, (8) Instructions and procedures to
2016. prevent any decision of an inspector,
regarding any required inspection from
§ 121.369 Manual requirements. being countermanded by persons other
(a) The certificate holder shall put in than supervisory personnel of the in-
its manual a chart or description of the spection unit, or a person at that level
certificate holder’s organization re- of administrative control that has
quired by § 121.365 and a list of persons overall responsibility for the manage-
with whom it has arranged for the per- ment of both the required inspection
formance of any of its required inspec- functions and the other maintenance,
tions, other maintenance, preventive preventive maintenance, and alter-
maintenance, or alterations, including ations functions.
a general description of that work. (9) Procedures to ensure that re-
(b) The certificate holder’s manual quired inspections, other maintenance,
must contain the programs required by preventive maintenance, and alter-
§ 121.367 that must be followed in per- ations that are not completed as a re-
forming maintenance, preventive sult of shift changes or similar work
maintenance, and alterations of that interruptions are properly completed
certificate holder’s airplanes, including before the aircraft is released to serv-
airframes, aircraft engines, propellers, ice.
appliances, emergency equipment, and (c) The certificate holder must set
parts thereof, and must include at least forth in its manual a suitable system
the following: (which may include a coded system)
(1) The method of performing routine that provides for preservation and re-
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and nonroutine maintenance (other trieval of information in a manner ac-


than required inspections), preventive ceptable to the Administrator and that
maintenance, and alterations. provides—

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Federal Aviation Administration, DOT § 121.373

(1) A description (or reference to data form its required inspections main-
acceptable to the Administrator) of the tains, a current listing of persons who
work performed; have been trained, qualified, and au-
(2) The name of the person per- thorized to conduct required inspec-
forming the work if the work is per- tions. The persons must be identified
formed by a person outside the organi- by name, occupational title, and the
zation of the certificate holder; and inspections that they are authorized to
(3) The name or other positive identi- perform. The certificate holder (or per-
fication of the individual approving the son with whom it arranges to perform
work. its required inspections) shall give
[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as written information to each person so
amended by Amdt. 121–94, 37 FR 15983, Aug. 9, authorized describing the extent of his
1972; Amdt. 121–106, 38 FR 22378, Aug. 20, 1973] responsibilities, authorities, and
EFFECTIVE DATE NOTE: By Amdt. 121–371, 80 inspectional limitations. The list shall
FR 11546, Mar. 4, 2015, § 121.369 was amended be made available for inspection by the
by adding paragraph (b)(10), effective May 4, Administrator upon request.
2015. By Amdt. 121–371A, 80 FR 25216, May 4,
2015, the effective date was corrected to read § 121.373 Continuing analysis and sur-
Mar. 4, 2016. For the convenience of the user, veillance.
the added text is set forth as follows: (a) Each certificate holder shall es-
§ 121.369 Manual requirements. tablish and maintain a system for the
continuing analysis and surveillance of
* * * * * the performance and effectiveness of
its inspection program and the pro-
(b) * * * gram covering other maintenance, pre-
(10) Policies, procedures, methods, and in-
ventive maintenance, and alterations
structions for the accomplishment of all
maintenance, preventive maintenance, and and for the correction of any deficiency
alterations carried out by a maintenance in those programs, regardless of wheth-
provider. These policies, procedures, meth- er those programs are carried out by
ods, and instructions must be acceptable to the certificate holder or by another
the FAA and provide for the maintenance, person.
preventive maintenance, and alterations to (b) Whenever the Administrator finds
be performed in accordance with the certifi- that either or both of the programs de-
cate holder’s maintenance program and
maintenance manual.
scribed in paragraph (a) of this section
does not contain adequate procedures
and standards to meet the require-
* * * * * ments of this part, the certificate hold-
§§ 121.370–121.370a [Reserved] er shall, after notification by the Ad-
ministrator, make any changes in
§ 121.371 Required inspection per- those programs that are necessary to
sonnel. meet those requirements.
(a) No person may use any person to (c) A certificate holder may petition
perform required inspections unless the the Administrator to reconsider the
person performing the inspection is ap- notice to make a change in a program.
propriately certificated, properly The petition must be filed with the
trained, qualified, and authorized to do FAA certificate-holding district office
so. charged with the overall inspection of
(b) No person may allow any person the certificate holder’s operations
to perform a required inspection un- within 30 days after the certificate
less, at that time, the person per- holder receives the notice. Except in
forming that inspection is under the the case of an emergency requiring im-
supervision and control of an inspec- mediate action in the interest of safe-
tion unit. ty, the filing of the petition stays the
(c) No person may perform a required notice pending a decision by the Ad-
inspection if he performed the item of ministrator.
work required to be inspected. [Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as
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(d) Each certificate holder shall amended by Amdt. 121–207, 54 FR 39293, Sept.
maintain, or shall determine that each 25, 1989; Amdt. 121–253, 61 FR 2611, Jan. 26,
person with whom it arranges to per- 1996]

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§ 121.374 14 CFR Ch. I (1–1–16 Edition)

§ 121.374 Continuous airworthiness (PDSC) Signatory Person, who has


maintenance program (CAMP) for been authorized by the certificate hold-
two-engine ETOPS. er, must certify by signature, that the
In order to conduct an ETOPS flight ETOPS PDSC has been completed.
using a two-engine airplane, each cer- (4) For the purposes of this paragraph
tificate holder must develop and com- (b) only, the following definitions
ply with the ETOPS continuous air- apply:
worthiness maintenance program, as (i) ETOPS qualified person: A person
authorized in the certificate holder’s is ETOPS qualified when that person
operations specifications, for each air- satisfactorily completes the operator’s
plane-engine combination used in ETOPS training program and is au-
ETOPS. The certificate holder must thorized by the certificate holder.
develop this ETOPS CAMP by (ii) ETOPS PDSC Signatory Person:
supplementing the manufacturer’s A person is an ETOPS PDSC Signatory
maintenance program or the CAMP Person when that person is ETOPS
currently approved for the certificate qualified and that person:
holder. This ETOPS CAMP must in- (A) When certifying the completion
clude the following elements: of the ETOPS PDSC in the United
(a) ETOPS maintenance document. The States:
certificate holder must have an ETOPS (1) Works for an operator authorized
maintenance document for use by each to engage in part 121 operation or
person involved in ETOPS. works for a part 145 repair station; and
(1) The document must— (2) Holds a U.S. Mechanic’s Certifi-
(i) List each ETOPS significant sys- cate with airframe and powerplant rat-
tem, ings.
(ii) Refer to or include all of the (B) When certifying the completion
ETOPS maintenance elements in this of the ETOPS PDSC outside of the U.S.
section, holds a certificate in accordance with
(iii) Refer to or include all supportive § 43.17(c)(1) of this chapter; or
programs and procedures, (C) When certifying the completion
(iv) Refer to or include all duties and of the ETOPS PDSC outside the U.S.
responsibilities, and holds the certificates needed or has the
(v) Clearly state where referenced requisite experience or training to re-
material is located in the certificate turn aircraft to service on behalf of an
holder’s document system. ETOPS maintenance entity.
(b) ETOPS pre-departure service check. (iii) ETOPS maintenance entity: An
Except as provided in Appendix P of entity authorized to perform ETOPS
this part, the certificate holder must maintenance and complete ETOPS
develop a pre-departure check tailored PDSC and that entity is:
to their specific operation. (A) Certificated to engage in part 121
(1) The certificate holder must com- operations;
plete a pre-departure service check im- (B) Repair station certificated under
mediately before each ETOPS flight. part 145 of this chapter; or
(2) At a minimum, this check must— (C) Entity authorized pursuant to
(i) Verify the condition of all ETOPS § 43.17(c)(2) of this chapter.
Significant Systems; (c) Limitations on dual maintenance.
(ii) Verify the overall status of the (1) Except as specified in paragraph
airplane by reviewing applicable main- (c)(2), the certificate holder may not
tenance records; and perform scheduled or unscheduled dual
(iii) Include an interior and exterior maintenance during the same mainte-
inspection to include a determination nance visit on the same or a substan-
of engine and APU oil levels and con- tially similar ETOPS Significant Sys-
sumption rates. tem listed in the ETOPS maintenance
(3) An appropriately trained mainte- document, if the improper mainte-
nance person, who is ETOPS qualified, nance could result in the failure of an
must accomplish and certify by signa- ETOPS Significant System.
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ture ETOPS specific tasks. Before an (2) In the event dual maintenance as
ETOPS flight may commence, an defined in paragraph (c)(1) of this sec-
ETOPS pre-departure service check tion cannot be avoided, the certificate

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Federal Aviation Administration, DOT § 121.374

holder may perform maintenance pro- certificate holder’s existing reliability


vided: program or its Continuing Analysis
(i) The maintenance action on each and Surveillance System (CASS) sup-
affected ETOPS Significant System is plemented for ETOPS. This program
performed by a different technician, or must be event-oriented and include
(ii) The maintenance action on each procedures to report the events listed
affected ETOPS Significant System is below, as follows:
performed by the same technician (1) The certificate holder must report
under the direct supervision of a sec- the following events within 96 hours of
ond qualified individual; and the occurrence to its certificate hold-
(iii) For either paragraph (c)(2)(i) or ing district office (CHDO):
(ii) of this section, a qualified indi- (i) IFSDs, except planned IFSDs per-
vidual conducts a ground verification formed for flight training.
test and any in-flight verification test (ii) Diversions and turnbacks for fail-
required under the program developed ures, malfunctions, or defects associ-
pursuant to paragraph (d) of this sec- ated with any airplane or engine sys-
tion. tem.
(d) Verification program. The certifi- (iii) Uncommanded power or thrust
cate holder must develop and maintain changes or surges.
a program for the resolution of discrep- (iv) Inability to control the engine or
ancies that will ensure the effective- obtain desired power or thrust.
ness of maintenance actions taken on
(v) Inadvertent fuel loss or unavail-
ETOPS Significant Systems. The
ability, or uncorrectable fuel imbal-
verification program must identify po-
ance in flight.
tential problems and verify satisfac-
tory corrective action. The verification (vi) Failures, malfunctions or defects
program must include ground associated with ETOPS Significant
verification and in-flight verification Systems.
policy and procedures. The certificate (vii) Any event that would jeopardize
holder must establish procedures to in- the safe flight and landing of the air-
dicate clearly who is going to initiate plane on an ETOPS flight.
the verification action and what action (2) The certificate holder must inves-
is necessary. The verification action tigate the cause of each event listed in
may be performed on an ETOPS rev- paragraph (h)(1) of this section and
enue flight provided the verification submit findings and a description of
action is documented as satisfactorily corrective action to its CHDO. The re-
completed upon reaching the ETOPS port must include the information
Entry Point. specified in § 121.703(e). The corrective
(e) Task identification. The certificate action must be acceptable to its CHDO.
holder must identify all ETOPS-spe- (i) Propulsion system monitoring. (1) If
cific tasks. An appropriately trained the IFSD rate (computed on a 12-month
mechanic who is ETOPS qualified must rolling average) for an engine installed
accomplish and certify by signature as part of an airplane-engine combina-
that the ETOPS-specific task has been tion exceeds the following values, the
completed. certificate holder must do a com-
(f) Centralized maintenance control pro- prehensive review of its operations to
cedures. The certificate holder must de- identify any common cause effects and
velop and maintain procedures for cen- systemic errors. The IFSD rate must
tralized maintenance control for be computed using all engines of that
ETOPS. type in the certificate holder’s entire
(g) Parts control program. The certifi- fleet of airplanes approved for ETOPS.
cate holder must develop an ETOPS (i) A rate of 0.05 per 1,000 engine
parts control program to ensure the hours for ETOPS up to and including
proper identification of parts used to 120 minutes.
maintain the configuration of airplanes (ii) A rate of 0.03 per 1,000 engine
used in ETOPS. hours for ETOPS beyond 120-minutes
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(h) Reliability program. The certificate up to and including 207 minutes in the
holder must have an ETOPS reliability North Pacific Area of Operation and up
program. This program must be the to and including 180 minutes elsewhere.

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§ 121.375 14 CFR Ch. I (1–1–16 Edition)

(iii) A rate of 0.02 per 1,000 engine It must include ETOPS specific train-
hours for ETOPS beyond 207 minutes in ing for all persons involved in ETOPS
the North Pacific Area of Operation maintenance that focuses on the spe-
and beyond 180 minutes elsewhere. cial nature of ETOPS. This training
(2) Within 30 days of exceeding the must be in addition to the operator’s
rates above, the certificate holder must maintenance training program used to
submit a report of investigation and qualify individuals to perform work on
any necessary corrective action taken specific airplanes and engines.
to its CHDO. (n) Configuration, maintenance, and
(j) Engine condition monitoring. (1) The procedures (CMP) document. If an air-
certificate holder must have an engine
plane-engine combination has a CMP
condition monitoring program to de-
document, the certificate holder must
tect deterioration at an early stage and
to allow for corrective action before use a system that ensures compliance
safe operation is affected. with the applicable FAA-approved doc-
(2) This program must describe the ument.
parameters to be monitored, the meth- (o) Procedural changes. Each substan-
od of data collection, the method of tial change to the maintenance or
analyzing data, and the process for training procedures that were used to
taking corrective action. qualify the certificate holder for
(3) The program must ensure that en- ETOPS, must be submitted to the
gine-limit margins are maintained so CHDO for review. The certificate hold-
that a prolonged engine-inoperative di- er cannot implement a change until its
version may be conducted at approved CHDO notifies the certificate holder
power levels and in all expected envi- that the review is complete.
ronmental conditions without exceed-
ing approved engine limits. This in- [Doc. No. FAA–2002–6717, 72 FR 1880, Jan. 16,
2007, as amended by Amdt. 121–329, 72 FR
cludes approved limits for items such
7348, Feb. 15, 2007; Amdt. 121–329, 72 FR 26541,
as rotor speeds and exhaust gas tem- May 10, 2007; Amdt. 121–339, 73 FR 33881, June
peratures. 16, 2008]
(k) Oil-consumption monitoring. The
certificate holder must have an engine § 121.375 Maintenance and preventive
oil consumption monitoring program maintenance training program.
to ensure that there is enough oil to
complete each ETOPS flight. APU oil Each certificate holder or person per-
consumption must be included if an forming maintenance or preventive
APU is required for ETOPS. The opera- maintenance functions for it shall have
tor’s oil consumption limit may not ex- a training program to ensure that each
ceed the manufacturer’s recommenda- person (including inspection personnel)
tion. Monitoring must be continuous who determines the adequacy of work
and include oil added at each ETOPS done is fully informed about procedures
departure point. The program must and techniques and new equipment in
compare the amount of oil added at use and is competent to perform his du-
each ETOPS departure point with the ties.
running average consumption to iden-
tify sudden increases. § 121.377 Maintenance and preventive
(l) APU in-flight start program. If the maintenance personnel duty time
airplane type certificate requires an limitations.
APU but does not require the APU to Within the United States, each cer-
run during the ETOPS portion of the tificate holder (or person performing
flight, the certificate holder must de- maintenance or preventive mainte-
velop and maintain a program accept- nance functions for it) shall relieve
able to the FAA for cold soak in-flight each person performing maintenance
start-and-run reliability. or preventive maintenance from duty
(m) Maintenance training. For each for a period of at least 24 consecutive
airplane-engine combination, the cer-
hours during any seven consecutive
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tificate holder must develop a mainte-


days, or the equivalent thereof within
nance training program that provides
training adequate to support ETOPS. any one calendar month.

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Federal Aviation Administration, DOT § 121.380

§ 121.378 Certificate requirements. § 121.380 Maintenance recording re-


quirements.
(a) Except for maintenance, preven-
tive maintenance, alterations, and re- (a) Each certificate holder shall keep
quired inspections performed by a cer- (using the system specified in the man-
tificated repair station that is located ual required in § 121.369) the following
outside the United States, each person records for the periods specified in
who is directly in charge of mainte- paragraph (c) of this section:
nance, preventive maintenance, or al- (1) All the records necessary to show
terations, and each person performing that all requirements for the issuance
required inspections must hold an ap- of an airworthiness release under
propriate airman certificate. § 121.709 have been met.
(b) For the purposes of this section, a (2) Records containing the following
person directly in charge is each person information:
assigned to a position in which he is re- (i) The total time in service of the
sponsible for the work of a shop or sta- airframe.
tion that performs maintenance, pre- (ii) Except as provided in paragraph
ventive maintenance, alterations, or (b) of this section, the total time in
other functions affecting aircraft air- service of each engine and propeller.
worthiness. A person who is directly in (iii) The current status of life-limited
charge need not physically observe and parts of each airframe, engine, pro-
direct each worker constantly but peller, and appliance.
must be available for consultation and (iv) The time since last overhaul of
decision on matters requiring instruc- all items installed on the aircraft
tion or decision from higher authority which are required to be overhauled on
than that of the persons performing a specified time basis.
the work. (v) The identification of the current
inspection status of the aircraft, in-
[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as cluding the times since the last inspec-
amended by Amdt. 121–21, 31 FR 10618, Aug. 9, tions required by the inspection pro-
1966; Amdt. 121–286, 66 FR 41116, Aug. 6, 2001]
gram under which the aircraft and its
§ 121.379 Authority to perform and ap- appliances are maintained.
prove maintenance, preventive (vi) The current status of applicable
maintenance, and alterations. airworthiness directives, including the
(a) A certificate holder may perform, date and methods of compliance, and,
or it may make arrangements with if the airworthiness directive involves
other persons to perform, maintenance, recurring action, the time and date
preventive maintenance, and alter- when the next action is required.
(vii) A list of current major alter-
ations as provided in its continuous
ations to each airframe, engine, pro-
airworthiness maintenance program
peller, and appliance.
and its maintenance manual. In addi-
(b) A certificate holder need not
tion, a certificate holder may perform
record the total time in service of an
these functions for another certificate
engine or propeller on a transport cat-
holder as provided in the continuous
egory cargo airplane, a transport cat-
airworthiness maintenance program
egory airplane that has a passenger
and maintenance manual of the other
seat configuration of more than 30
certificate holder.
seats, or a nontransport category air-
(b) A certificate holder may approve
plane type certificated before January
any aircraft, airframe, aircraft engine,
1, 1958, until the following, whichever
propeller, or appliance for return to
occurs first:
service after maintenance, preventive
(1) March 20, 1997; or
maintenance, or alterations that are
(2) The date of the first overhaul of
performed under paragraph (a) of this
the engine or propeller, as applicable,
section. However, in the case of a
after January 19, 1996.
major repair or major alteration, the
(c) Each certificate holder shall re-
work must have been done in accord-
tain the records required to be kept by
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ance with technical data approved by


this section for the following periods:
the Administrator.
(1) Except for the records of the last
[Doc. No. 10289, 35 FR 16793, Oct. 30, 1970] complete overhaul of each airframe,

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§ 121.380a 14 CFR Ch. I (1–1–16 Edition)

engine, propeller, and appliance, the Subpart M—Airman and


records specified in paragraph (a)(1) of Crewmember Requirements
this section shall be retained until the
work is repeated or superseded by SOURCE: Docket No. 6258, 29 FR 19212, Dec.
other work or for one year after the 31, 1964, unless otherwise noted.
work is performed.
(2) The records of the last complete § 121.381 Applicability.
overhaul of each airframe, engine, pro- This subpart prescribes airman and
peller, and appliance shall be retained crewmember requirements for all cer-
until the work is superseded by work of tificate holders.
equivalent scope and detail.
(3) The records specified in paragraph § 121.383 Airman: Limitations on use of
(a)(2) of this section shall be retained services.
and transferred with the aircraft at the (a) No certificate holder may use any
time the aircraft is sold. person as an airman nor may any per-
(d) The certificate holder shall make son serve as an airman unless that per-
all maintenance records required to be son—
kept by this section available for in- (1) Holds an appropriate current air-
spection by the Administrator or any man certificate issued by the FAA;
authorized representative of the Na- (2) Has any required appropriate cur-
tional Transportation Safety Board rent airman and medical certificates in
(NTSB). his possession while engaged in oper-
ations under this part; and
[Doc. No. 10658, 37 FR 15983, Aug. 9, 1972, as (3) Is otherwise qualified for the oper-
amended by Amdt. 121–251, 60 FR 65933, Dec. ation for which he is to be used.
20, 1995; Amdt. 121–321, 71 FR 536, Jan. 4, 2006] (b) Each airman covered by para-
graph (a)(2) of this section shall
§ 121.380a Transfer of maintenance present either or both certificates for
records. inspection upon the request of the Ad-
Each certificate holder who sells a ministrator.
U.S. registered aircraft shall transfer (c) [Reserved]
to the purchaser, at the time of sale, (d) No certificate holder may use the
the following records of that aircraft, services of any person as a pilot on an
in plain language form or in coded form airplane engaged in operations under
at the election of the purchaser, if the this part if that person has reached his
coded form provides for the preserva- or her 65th birthday.
tion and retrieval of information in a (e) No pilot may serve as a pilot in
manner acceptable to the Adminis- operations under this part if that per-
trator: son has reached his or her 65th birth-
day.
(a) The record specified in
§ 121.380(a)(2). [Doc. No. 6258, 29 FR 19212, Dec. 31, 1964, as
(b) The records specified in amended by Amdt. 121–144, 43 FR 22646, May
§ 121.380(a)(1) which are not included in 25, 1978; Amdt. 121–344, 74 FR 34234, July 15,
2009; Amdt. 121–372, 80 FR 33401, June 12, 2015]
the records covered by paragraph (a) of
this section, except that the purchaser § 121.385 Composition of flight crew.
may permit the seller to keep physical
(a) No certificate holder may operate
custody of such records. However, cus-
an airplane with less than the min-
tody of records in the seller does not imum flight crew in the airworthiness
relieve the purchaser of his responsi- certificate or the airplane Flight Man-
bility under § 121.380(c) to make the ual approved for that type airplane and
records available for inspection by the required by this part for the kind of op-
Administrator or any authorized rep- eration being conducted.
resentative of the National Transpor- (b) In any case in which this part re-
tation Safety Board (NTSB). quires the performance of two or more
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[Doc. No. 10658, 37 FR 15984, Aug. 9, 1972] functions for which an airman certifi-
cate is necessary, that requirement is
not satisfied by the performance of

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Federal Aviation Administration, DOT § 121.391

multiple functions at the same time by when specialized means of navigation


one airman. are necessary for 1 hour or less. In
(c) The minimum pilot crew is two making this determination, the Admin-
pilots and the certificate holder shall istrator considers—
designate one pilot as pilot in com- (1) The speed of the airplane;
mand and the other second in com- (2) Normal weather conditions en
mand. route;
(d) On each flight requiring a flight (3) Extent of air traffic control;
engineer at least one flight crew- (4) Traffic congestion;
member, other than the flight engi- (5) Area of navigational radio cov-
neer, must be qualified to provide erage at destination;
emergency performance of the flight (6) Fuel requirements;
engineer’s functions for the safe com- (7) Fuel available for return to point
pletion of the flight if the flight engi- of departure or alternates;
neer becomes ill or is otherwise inca- (8) Predication of flight upon oper-
pacitated. A pilot need not hold a ation beyond the point of no return;
flight engineer’s certificate to perform and
the flight engineer’s functions in such (9) Any other factors he determines
a situation. are relevant in the interest of safety.
[Doc. No. 6258, 29 FR 19212, Dec. 31, 1964, as
(c) Operations where a flight navi-
amended by Amdt. 121–178, 47 FR 13316, Mar. gator or special navigation equipment,
29, 1982; Amdt. 121–256, 61 FR 30434, June 14, or both, are required are specified in
1996] the operations specifications of the air
carrier or commercial operator.
§ 121.387 Flight engineer.
[Doc. No. 10204, 37 FR 6464, Mar. 30, 1972, as
No certificate holder may operate an amended by Amdt. 121–178, 47 FR 13316, Mar.
airplane for which a type certificate 29, 1982]
was issued before January 2, 1964, hav-
ing a maximum certificated takeoff § 121.391 Flight attendants.
weight of more than 80,000 pounds with- (a) Except as specified in § 121.393 and
out a flight crewmember holding a cur- § 121.394, each certificate holder must
rent flight engineer certificate. For provide at least the following flight at-
each airplane type certificated after tendants on board each passenger-car-
January 1, 1964, the requirement for a rying airplane when passengers are on
flight engineer is determined under the board:
type certification requirements of (1) For airplanes having a maximum
§ 25.1523. payload capacity of more than 7,500
[Doc. No. 5025, 30 FR 6067, Apr. 29, 1965] pounds and having a seating capacity
of more than 9 but less than 51 pas-
§ 121.389 Flight navigator and special- sengers—one flight attendant.
ized navigation equipment. (2) For airplanes having a maximum
(a) No certificate holder may operate payload capacity of 7,500 pounds or less
an airplane outside the 48 contiguous and having a seating capacity of more
States and the District of Columbia, than 19 but less than 51 passengers—
when its position cannot be reliably one flight attendant.
fixed for a period of more than 1 hour, (3) For airplanes having a seating ca-
without— pacity of more than 50 but less than 101
(1) A flight crewmember who holds a passengers—two flight attendants.
current flight navigator certificate; or (4) For airplanes having a seating ca-
(2) Specialized means of navigation pacity of more than 100 passengers—
approved in accordance with § 121.355 two flight attendants plus one addi-
which enables a reliable determination tional flight attendant for each unit
to be made of the position of the air- (or part of a unit) of 50 passenger seats
plane by each pilot seated at his duty above a seating capacity of 100 pas-
station. sengers.
(b) Notwithstanding paragraph (a) of (b) If, in conducting the emergency
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this section, the Administrator may evacuation demonstration required


also require a flight navigator or spe- under § 121.291 (a) or (b), the certificate
cial navigation equipment, or both, holder used more flight attendants

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§ 121.392 14 CFR Ch. I (1–1–16 Edition)

than is required under paragraph (a) of (b) A qualifying flight attendant who
this section for the maximum seating is receiving operating experience on an
capacity of the airplane used in the aircraft in operations under subpart O
demonstration, he may not, thereafter, of this part must be identified to pas-
take off that airplane— sengers as a qualifying flight attend-
(1) In its maximum seating capacity ant.
configuration with fewer flight attend-
[Doc. No. FAA–2008–0677, 78 FR 67836, Nov. 12,
ants than the number used during the
2013]
emergency evacuation demonstration;
or § 121.393 Crewmember requirements
(2) In any reduced seating capacity at stops where passengers remain
configuration with fewer flight attend- on board.
ants than the number required by para-
At stops where passengers remain on
graph (a) of this section for that seat-
board, the certificate holder must meet
ing capacity plus the number of flight
the following requirements:
attendants used during the emergency
evacuation demonstration that were in (a) On each airplane for which a
excess of those required under para- flight attendant is not required by
graph (a) of this section. § 121.391(a), the certificate holder must
(c) The number of flight attendants ensure that a person who is qualified in
approved under paragraphs (a) and (b) the emergency evacuation procedures
of this section are set forth in the cer- for the airplane, as required in § 121.417,
tificate holder’s operations specifica- and who is identified to the passengers,
tions. remains:
(d) During takeoff and landing, flight (1) On board the airplane; or
attendants required by this section (2) Nearby the airplane, in a position
shall be located as near as practicable to adequately monitor passenger safe-
to required floor level exists and shall ty, and:
be uniformly distributed throughout (i) The airplane engines are shut
the airplane in order to provide the down; and
most effective egress of passengers in (ii) At least one floor level exit re-
event of an emergency evacuation. mains open to provide for the
During taxi, flight attendants required deplaning of passengers.
by this section must remain at their (b) On each airplane for which flight
duty stations with safety belts and attendants are required by § 121.391(a),
shoulder harnesses fastened except to but the number of flight attendants re-
perform duties related to the safety of maining on board is fewer than re-
the airplane and its occupants. quired by § 121.391(a), the certificate
holder must meet the following re-
[Doc. No. 2033, 30 FR 3206, Mar. 9, 1965]
quirements:
EDITORIAL NOTE: For FEDERAL REGISTER ci- (1) The certificate holder shall ensure
tations affecting § 121.391, see the List of CFR that:
Sections Affected, which appears in the
Finding Aids section of the printed volume (i) The airplane engines are shut
and at www.fdsys.gov. down;
(ii) At least one floor level exit re-
§ 121.392 Personnel identified as flight mains open to provide for the
attendants. deplaning of passengers; and
(a) Any person identified by the cer- (iii) the number of flight attendants
tificate holder as a flight attendant on on board is at least half the number re-
an aircraft in operations under this quired by § 121.391(a), rounded down to
part must be trained and qualified in the next lower number in the case of
accordance with subparts N and O of fractions, but never fewer than one.
this part. This includes: (2) The certificate holder may sub-
(1) Flight attendants provided by the stitute for the required flight attend-
certificate holder in excess of the num- ants other persons qualified in the
ber required by § 121.391(a); and emergency evacuation procedures for
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(2) Flight attendants provided by the that aircraft as required in § 121.417, if


certificate holder when flight attend- these persons are identified to the pas-
ants are not required by § 121.391(a). sengers.

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Federal Aviation Administration, DOT § 121.394

(3) If only one flight attendant or (A) The substitute pilot or flight en-
other qualified person is on board dur- gineer is not assigned to operate the
ing a stop, that flight attendant or flight for which that person is sub-
other qualified person shall be located stituting for a required flight attend-
in accordance with the certificate hold- ant.
er’s FAA-approved operating proce- (B) The substitute pilot or flight en-
dures. If more than one flight attend- gineer is trained in all assigned flight
ant or other qualified person is on attendant duties regarding passenger
board, the flight attendants or other handling.
qualified persons shall be spaced (C) The substitute pilot or flight en-
throughout the cabin to provide the gineer meets the emergency training
most effective assistance for the evacu- requirements for flight attendants in
ation in case of an emergency. evacuation management and evacu-
ation commands, as appropriate, and
[Doc. No. 28154, 60 FR 65934, Dec. 20, 1995]
frequency of performance drills regard-
§ 121.394 Flight attendant require- ing operation of exits in the normal
ments during passenger boarding and emergency modes on that type air-
and deplaning. craft.
(D) The substitute pilot or flight en-
(a) During passenger boarding, on
gineer is in possession of all items re-
each airplane for which more than one
quired for duty.
flight attendant is required by § 121.391,
(E) The substitute pilot or flight en-
the certificate holder may:
gineer is located in the passenger
(1) Reduce the number of required cabin.
flight attendants by one, provided that: (F) The substitute pilot or flight en-
(i) The flight attendant that leaves gineer is identified to the passengers.
the aircraft remains within the imme- (G) The substitution of a pilot or
diate vicinity of the door through flight engineer for a required flight at-
which passengers are boarding; tendant does not interfere with the
(ii) The flight attendant that leaves safe operation of the flight.
the aircraft only conducts safety duties (H) The airplane engines are shut
related to the flight being boarded; down.
(iii) The airplane engines are shut (I) At least one floor-level exit re-
down; and mains open to provide for passenger
(iv) At least one floor level exit re- egress.
mains open to provide for passenger (b) During passenger deplaning, on
egress; or each airplane for which more than one
(2) Substitute a pilot or flight engi- flight attendant is required by § 121.391,
neer employed by the certificate holder the certificate holder may reduce the
and trained and qualified on that type number of flight attendants required
airplane for one flight attendant, pro- by that paragraph provided:
vided the certificate holder— (1) The airplane engines are shut
(i) Describes in the manual required down;
by § 121.133: (2) At least one floor level exit re-
(A) The necessary functions to be mains open to provide for passenger
performed by the substitute pilot or egress; and
flight engineer in an emergency, to in- (3) The number of flight attendants
clude a situation requiring an emer- on board is at least half the number re-
gency evacuation. The certificate hold- quired by § 121.391, rounded down to the
er must show those functions are real- next lower number in the case of frac-
istic, can be practically accomplished, tions, but never fewer than one.
and will meet any reasonably antici- (c) If only one flight attendant is on
pated emergency; and the airplane during passenger boarding
(B) How other regulatory functions or deplaning, that flight attendant
performed by a flight attendant will be must be located in accordance with the
accomplished by the substitute pilot or certificate holder’s FAA-approved op-
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flight engineer on the airplane. erating procedures. If more than one


(ii) Ensures that the following re- flight attendant is on the airplane dur-
quirements are met: ing passenger boarding or deplaning,

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§ 121.395 14 CFR Ch. I (1–1–16 Edition)

the flight attendants must be evenly taining a training program for crew-
distributed throughout the airplane members, aircraft dispatchers, and
cabin, in the vicinity of the floor-level other operations personnel, and for the
exits, to provide the most effective as- approval and use of training devices in
sistance in the event of an emergency. the conduct of the program.
(d) The time spent by any crew- (b) For the purpose of this subpart,
member conducting passenger boarding airplane groups are as follows:
or deplaning duties is considered duty (1) Group I. Propeller driven, includ-
time. ing—
[Doc. No. FAA–2009–0022, 75 FR 68198, Nov. 5, (i) Reciprocating powered; and
2010] (ii) Turbopropeller powered.
(2) Group II. Turbojet powered.
§ 121.395 Aircraft dispatcher: Domestic (c) For the purpose of this subpart,
and flag operations. the following terms and definitions
Each certificate holder conducting apply:
domestic or flag operations shall pro- (1) Initial training. The training re-
vide enough qualified aircraft dis- quired for crewmembers and dis-
patchers at each dispatch center to en- patchers who have not qualified and
sure proper operational control of each served in the same capacity on another
flight. airplane of the same group.
(2) Transition training. The training
[Doc. No. 28154, 61 FR 2611, Jan. 26, 1996]
required for crewmembers and dis-
§ 121.397 Emergency and emergency patchers who have qualified and served
evacuation duties. in the same capacity on another air-
plane of the same group.
(a) Each certificate holder shall, for
(3) Upgrade training. The training re-
each type and model of airplane, as-
quired for crewmembers who have
signed to each category of required
qualified and served as second in com-
crewmember, as appropriate, the nec-
mand or flight engineer on a particular
essary functions to be performed in an
airplane type, before they serve as
emergency or a situation requiring
pilot in command or second in com-
emergency evacuation. The certificate
mand, respectively, on that airplane.
holder shall show those functions are
(4) Differences training. The training
realistic, can be practically accom-
required for crewmembers and dis-
plished, and will meet any reasonably
patchers who have qualified and served
anticipated emergency including the
on a particular type airplane, when the
possible incapacitation of individual
Administrator finds differences train-
crewmembers or their inability to
ing is necessary before a crewmember
reach the passenger cabin because of
serves in the same capacity on a par-
shifting cargo in combination cargo-
ticular variation of that airplane.
passenger airplanes.
(5) Programmed hours. The hours of
(b) The certificate holder shall de-
training prescribed in this subpart
scribe in its manual the functions of
which may be reduced by the Adminis-
each category of required crew-
trator upon a showing by the certifi-
members under paragraph (a) of this
cate holder that circumstances justify
section.
a lesser amount.
[Doc. No. 2033, 30 FR 3206, Mar. 9, 1965, as (6) Inflight. Refers to maneuvers, pro-
amended by Amdt. 121–7, 30 FR 6727, May 18, cedures, or functions that must be con-
1965] ducted in the airplane.
(7) Training center. An organization
Subpart N—Training Program governed by the applicable require-
ments of part 142 of this chapter that
SOURCE: Docket No. 9509, 35 FR 90, Jan. 3, provides training, testing, and check-
1970, unless otherwise noted. ing under contract or other arrange-
ment to certificate holders subject to
§ 121.400 Applicability and terms used. the requirements of this part.
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(a) This subpart prescribes the re- (8) Requalification training. The train-
quirements applicable to each certifi- ing required for crewmembers pre-
cate holder for establishing and main- viously trained and qualified, but who

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Federal Aviation Administration, DOT § 121.401

have become unqualified due to not check airmen to conduct required


having met within the required period flight training and flight checks, and
the recurrent training requirements of simulator training courses permitted
§ 121.427 or the proficiency check re- under this part.
quirements of § 121.441. (b) Whenever a crewmember or air-
(9) Related aircraft. Any two or more craft dispatcher who is required to
aircraft of the same make with either take recurrent training, a flight check,
the same or different type certificates or a competence check, takes the
that have been demonstrated and de- check or completes the training in the
termined by the Administrator to have calendar month before or after the cal-
commonality to the extent that credit endar month in which that training or
between those aircraft may be applied check is required, he is considered to
for flightcrew member training, check- have taken or completed it in the cal-
ing, recent experience, operating expe- endar month in which it was required.
rience, operating cycles, and line oper- (c) Each instructor, supervisor, or
ating flight time for consolidation of check airman who is responsible for a
knowledge and skills. particular ground training subject, seg-
(10) Related aircraft differences train- ment of flight training, course of train-
ing. The flightcrew member training ing, flight check, or competence check
required for aircraft with different type under this part shall certify as to the
certificates that have been designated proficiency and knowledge of the crew-
as related by the Administrator. member, aircraft dispatcher, flight in-
(11) Base aircraft. An aircraft identi- structor, or check airman concerned
fied by a certificate holder for use as a upon completion of that training or
reference to compare differences with check. That certification shall be made
another aircraft. a part of the crewmember’s or dis-
[Doc. No. 9509, 35 FR 90, Jan. 3, 1970; 35 FR
patcher’s record. When the certifi-
2819, Feb. 11, 1970, as amended by Amdt. 121– cation required by this paragraph is
104, 38 FR 14915, June 7, 1973; Amdt. 121–259, made by an entry in a computerized
61 FR 34560, July 2, 1996; Amdt. 121–366, 78 FR recordkeeping system, the certifying
67836, Nov. 12, 2013] instructor, supervisor, or check airman
must be identified with that entry.
§ 121.401 Training program: General. However, the signature of the certi-
(a) Each certificate holder shall: fying instructor, supervisor, or check
(1) Establish and implement a train- airman is not required for computer-
ing program that satisfies the require- ized entries.
ments of this subpart and appendices E (d) Training subjects that are appli-
and F of this part and that ensures cable to more than one airplane or
that each crewmember, aircraft dis- crewmember position and that have
patcher, flight instructor and check been satisfactorily completed in con-
airman is adequately trained to per- nection with prior training for another
form his or her assigned duties. Prior airplane or another crewmember posi-
to implementation, the certificate tion, need not be repeated during sub-
holder must obtain initial and final sequent training other than recurrent
FAA approval of the training program. training.
(2) Provide adequate ground and (e) A person who progresses success-
flight training facilities and properly fully through flight training, is rec-
qualified ground instructors for the ommended by his instructor or a check
training required by this subpart; airman, and successfully completes the
(3) Provide and keep current with re- appropriate flight check for a check
spect to each airplane type and, if ap- airman or the Administrator, need not
plicable, the particular variations complete the programmed hours of
within that airplane type, appropriate flight training for the particular air-
training material, examinations, plane. However, whenever the Adminis-
forms, instructions, and procedures for trator finds that 20 percent of the
use in conducting the training and flight checks given at a particular
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checks required by this part; and training base during the previous 6
(4) Provide enough flight instructors, months under this paragraph are un-
simulator instructors, and approved successful, this paragraph may not be

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§ 121.402 14 CFR Ch. I (1–1–16 Edition)

used by the certificate holder at that § 121.403 Training program: Cur-


base until the Administrator finds that riculum.
the effectiveness of the flight training (a) Each certificate holder must pre-
there has improved. pare and keep current a written train-
In the case of a certificate holder using ing program curriculum for each type
a course of training permitted in of airplane with respect to dispatchers
§ 121.409(c), the Administrator may re- and each crewmember required for that
quire the programmed hours of inflight type airplane. The curriculum must in-
training in whole or in part, until he clude ground and flight training re-
finds the effectiveness of the flight quired by this subpart.
training has improved as provided in (b) Each training program cur-
paragraph (e) of this section. riculum must include:
[Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as (1) A list of principal ground training
amended by Amdt. 121–104, 38 FR 14915, June subjects, including emergency training
7, 1973; Amdt. 121–108, 38 FR 35446, Dec. 28, subjects, that are provided.
1973; Amdt. 121–143, 43 FR 22642, May 25, 1978; (2) A list of all the training device
Amdt. 121–316, 70 FR 58823, Oct. 7, 2005]
mockups, systems trainers, procedures
§ 121.402 Training program: Special trainers, or other training aids that
rules. the certificate holder will use. No later
than March 12, 2019, a list of all the
(a) Other than the certificate holder,
training equipment approved under
only another certificate holder certifi-
§ 121.408 as well as other training aids
cated under this part or a flight train-
that the certificate holder will use.
ing center certificated under part 142 of
this chapter is eligible under this sub- (3) Detailed descriptions or pictorial
part to provide flight training, testing, displays of the approved normal, abnor-
and checking under contract or other mal, and emergency maneuvers, proce-
arrangement to those persons subject dures and functions that will be per-
to the requirements of this subpart. formed during each flight training
(b) A certificate holder may contract phase or flight check, indicating those
with, or otherwise arrange to use the maneuvers, procedures and functions
services of, a training center certifi- that are to be performed during the
cated under part 142 of this chapter to inflight portions of flight training and
provide training, testing, and checking flight checks.
required by this part only if the train- (4) A list of airplane simulators or
ing center— other training devices approved under
(1) Holds applicable training speci- § 121.407, including approvals for par-
fications issued under part 142 of this ticular maneuvers, procedures, or func-
chapter; tions.
(2) Has facilities, training equipment, (5) The programmed hours of training
and courseware meeting the applicable that will be applied to each phase of
requirements of part 142 of this chap- training.
ter; (6) A copy of each statement issued
(3) Has approved curriculums, cur- by the Administrator under § 121.405(d)
riculum segments, and portions of cur- for reduction of programmed hours of
riculum segments applicable for use in training.
training courses required by this sub- [Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as
part; and amended by Amdt. 121–366, 78 FR 67836, Nov.
(4) Has sufficient instructor and 12, 2013]
check airmen qualified under the appli-
cable requirements of §§ 121.411 or § 121.404 Compliance dates: Crew and
121.413 to provide training, testing, and dispatcher resource management
checking to persons subject to the re- training.
quirements of this subpart. After March 19, 1998, no certificate
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[Doc. No. 26933, 61 FR 34560, July 2, 1996, as holder may use a person as a flight
amended by Amdt. 121–263, 62 FR 13791, Mar. crewmember, and after March 19, 1999,
21, 1997] no certificate holder may use a person

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Federal Aviation Administration, DOT § 121.406

as a flight attendant or aircraft dis- If approval of reduced programmed


patcher unless that person has com- hours of training is granted, the Ad-
pleted approved crew resource manage- ministrator provides the certificate
ment (CRM) or dispatcher resource holder with a statement of the basis for
management (DRM) initial training, as the approval.
applicable, with that certificate holder (e) Whenever the Administrator finds
or with another certificate holder. that revisions are necessary for the
continued adequacy of a training pro-
[Doc. No. 28154, 61 FR 30435, June 14, 1996]
gram that has been granted final ap-
§ 121.405 Training program and revi- proval, the certificate holder shall,
sion: Initial and final approval. after notification by the Adminis-
trator, make any changes in the pro-
(a) To obtain initial and final ap- gram that are found necessary by the
proval of a training program, or a revi- Administrator. Within 30 days after the
sion to an approved training program, certificate holder receives such notice,
each certificate holder must submit to it may file a petition to reconsider the
the Administrator— notice with the certificate-holding dis-
(1) An outline of the proposed pro- trict office. The filing of a petition to
gram or revision, including an outline reconsider stays the notice pending a
of the proposed or revised curriculum, decision by the Administrator. How-
that provides enough information for a ever, if the Administrator finds that
preliminary evaluation of the proposed there is an emergency that requires
training program or revised training immediate action in the interest of
program; and safety in air transportation, he may,
(2) Additional relevant information upon a statement of the reasons, re-
as may be requested by the Adminis- quire a change effective without stay.
trator. (f) Each certificate holder described
(b) If the proposed training program in § 135.3 (b) and (c) of this chapter
or revision complies with this subpart must include the material required by
the Administrator grants initial ap- § 121.403 in the manual required by
proval in writing after which the cer- § 135.21 of this chapter.
tificate holder may conduct the train- (g) The Administrator may grant a
ing in accordance with that program. deviation to certificate holders de-
The Administrator then evaluates the scribed in § 135.3 (b) and (c) of this chap-
effectiveness of the training program ter to allow reduced programmed hours
and advises the certificate holder of de- of ground training required by § 121.419
ficiencies, if any, that must be cor- if it is found that a reduction is war-
rected. ranted based on the certificate holder’s
(c) The Administrator grants final operations and the complexity of the
approval of the training program or re- make, model, and series of the aircraft
vision if the certificate holder shows used.
that the training conducted under the [Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as
initial approval set forth in paragraph amended by Amdt. 121–207, 54 FR 39293, Sept.
(b) of this section ensures that each 25, 1989; Amdt. 121–250, 60 FR 65948, Dec. 20,
person that successfully completes the 1995; Amdt. 121–253, 61 FR 2612, Jan. 26, 1996]
training is adequately trained to per-
form his assigned duties. § 121.406 Credit for previous CRM/
(d) In granting initial and final ap- DRM training.
proval of training programs or revi- (a) For flightcrew members, the Ad-
sions, including reductions in pro- ministrator may credit CRM training
grammed hours specified in this sub- received before March 19, 1998 toward
part, the Administrator considers the all or part of the initial ground CRM
training aids, devices, methods, and training required by § 121.419.
procedures listed in the certificate (b) For flight attendants, the Admin-
holder’s curriculum as set forth in istrator may credit CRM training re-
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§ 121.403 that increase the quality and ceived before March 19, 1999 toward all
effectiveness of the teaching-learning or part of the initial ground CRM
process. training required by § 121.421.

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§ 121.407 14 CFR Ch. I (1–1–16 Edition)

(c) For aircraft dispatchers, the Ad- for use by more than one certificate
ministrator may credit CRM training holder.
received before March 19, 1999 toward (c) An airplane simulator may be
all or part of the initial ground CRM used instead of the airplane to satisfy
training required by § 121.422. the in-flight requirements of §§ 121.439
(d) In granting credit for initial and 121.441 and appendices E and F of
ground CRM or DRM training, the Ad- this part, if the simulator—
ministrator considers training aids, de- (1) Is approved under this section and
vices, methods, and procedures used by meets the appropriate simulator re-
the certificate holder in a voluntary
quirements of appendix H of this part;
CRM or DRM program or in an AQP
and
program that effectively meets the
quality of an approved CRM or DRM (2) Is used as part of an approved pro-
initial ground training program under gram that meets the training require-
section 121.419, 121.421, or 121.422 as ap- ments of § 121.424 (a) and (c) and appen-
propriate. dix H of this part.
(d) An airplane simulator approved
[Doc. No. 27993, 60 FR 65949, Dec. 20, 1995] under this section must be used instead
§ 121.407 Training program: Approval of the airplane to satisfy the pilot
of airplane simulators and other flight training requirements prescribed
training devices. in the certificate holder’s approved
(a) Each airplane simulator and other low-altitude windshear flight training
training device used to satisfy a train- program set forth in § 121.409(d) of this
ing requirement of this part in an ap- part.
proved training program, must meet (e) An airplane simulator approved
all of the following requirements: under this section must be used instead
(1) Be specifically approved by the of the airplane to satisfy the pilot
Administrator for— flight training requirements prescribed
(i) Use in the certificate holder’s ap- in the extended envelope training set
proved training program; forth in § 121.423 of this part. Compli-
(ii) The type airplane and, if applica- ance with this paragraph is required no
ble, the particular variation within later than March 12, 2019.
type, for which the training or check is
[Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as
being conducted; and amended by Amdt. 121–161, 45 FR 44183, June
(iii) The particular maneuver, proce- 30, 1980; Amdt. 121–199, 53 FR 37696, Sept. 27,
dure, or flightcrew member function 1988; Amdt. 121–366, 78 FR 67836, Nov. 12, 2013]
involved.
(2) Maintain the performance, func- § 121.408 Training equipment other
tion, and other characteristics that are than flight simulation training de-
required for qualification in accord- vices.
ance with part 60 of this chapter or a (a) The Administrator must approve
previously qualified device, as per- training equipment used in a training
mitted in accordance with § 60.17 of this program approved under this part and
chapter.
that functionally replicates aircraft
(3) Be modified in accordance with
equipment for the certificate holder
part 60 of this chapter to conform with
and the crewmember duty or proce-
any modification to the airplane being
dure. Training equipment does not in-
simulated that results in changes to
performance, function, or other charac- clude FSTDs qualified under part 60 of
teristics required for qualification. this chapter.
(4) Be given a daily functional pre- (b) The certificate holder must dem-
flight check before being used. onstrate that the training equipment
(5) Have a daily discrepancy log kept described in paragraph (a) of this sec-
with each discrepancy entered in that tion, used to meet the training require-
log by the appropriate instructor or ments of this subpart, meets all of the
check airman at the end of each train- following:
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ing or check flight. (1) The form, fit, function, and


(b) A particular airplane simulator or weight, as appropriate, of the aircraft
other training device may be approved equipment.

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Federal Aviation Administration, DOT § 121.409

(2) Replicates the normal operation holder’s approved training program for
(and abnormal and emergency oper- use as provided in this section.
ation, if appropriate) of the aircraft (b) Except for the airline transport
equipment including the following: pilot certification training program ap-
(i) The required force, actions and proved to satisfy the requirements of
travel of the aircraft equipment. § 61.156 of this chapter, a course of
(ii) Variations in aircraft equipment training in an airplane simulator may
operated by the certificate holder, if be included for use as provided in
applicable. § 121.441 if that course—
(3) Replicates the operation of the (1) Provides at least 4 hours of train-
aircraft equipment under adverse con- ing at the pilot controls of an airplane
ditions, if appropriate. simulator as well as a proper briefing
(c) Training equipment must be before and after the training.
modified to ensure that it maintains (2) Provides training in at least the
the performance and function of the following:
aircraft type or aircraft equipment rep- (i) The procedures and maneuvers set
licated. forth in appendix F to this part; or
(d) All training equipment must have (ii) Line-oriented flight training
a record of discrepancies. The docu- (LOFT) that—
menting system must be readily avail- (A) Before March 12, 2019,
able for review by each instructor, (1) Utilizes a complete flight crew;
check airman or supervisor, prior to (2) Includes at least the maneuvers
conducting training or checking with and procedures (abnormal and emer-
that equipment. gency) that may be expected in line op-
(1) Each instructor, check airman or erations; and
supervisor conducting training or (3) Is representative of the flight seg-
checking, and each person conducting ment appropriate to the operations
an inspection of the equipment who being conducted by the certificate
discovers a discrepancy, including any holder.
missing, malfunctioning or inoperative
(B) Beginning on March 12, 2019—
components, must record a description
of that discrepancy and the date that (1) Utilizes a complete flight crew;
the discrepancy was identified. (2) Includes at least the maneuvers
(2) All corrections to discrepancies and procedures (abnormal and emer-
must be recorded when the corrections gency) that may be expected in line op-
are made. This record must include the erations;
date of the correction. (3) Includes scenario-based or maneu-
(3) A record of a discrepancy must be ver-based stall prevention training be-
maintained for at least 60 days. fore, during or after the LOFT scenario
(e) No person may use, allow the use for each pilot;
of, or offer the use of training equip- (4) Is representative of two flight seg-
ment with a missing, malfunctioning, ments appropriate to the operations
or inoperative component to meet the being conducted by the certificate
crewmember training or checking re- holder; and
quirements of this chapter for tasks (5) Provides an opportunity to dem-
that require the use of the correctly onstrate workload management and
operating component. pilot monitoring skills.
(f) Compliance with this section is re- (3) Is given by an instructor who
quired no later than March 12, 2019. meets the applicable requirements of
§ 121.412.
[Doc. No. FAA–2008–0677, 78 FR 67837, Nov. 12,
2013] The satisfactory completion of the
course of training must be certified by
§ 121.409 Training courses using air- either the Administrator or a qualified
plane simulators and other training check airman.
devices. (c) The programmed hours of flight
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(a) Training courses utilizing air- training set forth in this subpart do
plane simulators and other training de- not apply if the training program for
vices may be included in the certificate the airplane type includes—

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§ 121.410 14 CFR Ch. I (1–1–16 Edition)

(1) A course of pilot training in an (ii) Elements of effective teaching,


airplane simulator as provided in instruction methods, and techniques;
§ 121.424(d); or (iii) Instructor duties, privileges, re-
(2) A course of flight engineer train- sponsibilities, and limitations;
ing in an airplane simulator or other (iv) Training policies and procedures;
training device as provided in and
§ 121.425(c). (v) Evaluation.
(d) Each certificate holder required (4) If providing training in a flight
to comply with § 121.358 of this part simulation training device, hold an air-
must use an approved simulator for craft type rating for the aircraft rep-
each airplane type in each of its pilot resented by the flight simulation train-
training courses that provides training ing device utilized in the training pro-
in at least the procedures and maneu- gram and have received training within
vers set forth in the certificate holder’s the preceding 12 months from the cer-
approved low-altitude windshear flight tificate holder on:
training program. The approved low-al- (i) Proper operation of flight simu-
titude windshear flight training, if ap- lator and flight training device con-
plicable, must be included in each of trols and systems;
the pilot flight training courses pre- (ii) Proper operation of environ-
scribed in §§ 121.409(b), 121.418, 121.424, mental and fault panels;
and 121.427 of this part. (iii) Data and motion limitations of
[Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as simulation;
amended by Amdt. 121–130, 41 FR 47229, Oct. (iv) Minimum equipment require-
28, 1976; Amdt. 121–144, 43 FR 22646, May 25, ments for each curriculum; and
1978; Amdt. 121–199, 53 FR 37696, Sept. 27, 1988; (v) The maneuvers that will be dem-
Amdt. 121–264, 62 FR 23120, Apr. 28, 1997; onstrated in the flight simulation
Amdt. 121–365, 78 FR 42377, July 15, 2013;
Amdt. 121–366, 78 FR 67837, Nov. 12, 2013]
training device.
(c) A certificate holder may not issue
§ 121.410 Airline transport pilot certifi- a graduation certificate to a student
cation training program. unless that student has completed all
(a) A certificate holder may obtain the curriculum requirements of the
approval to establish and implement a course.
training program to satisfy the re- (d) A certificate holder must conduct
quirements of § 61.156 of this chapter. evaluations to ensure that training
The training program must be separate techniques, procedures, and standards
from the air carrier training program are acceptable to the Administrator.
required by this part. [Doc. No. FAA–2010–0100, 78 FR 42377, July 15,
(b) No certificate holder may use a 2013]
person nor may any person serve as an
instructor in a training program ap- § 121.411 Qualifications: Check airmen
proved to meet the requirements of (airplane) and check airmen (simu-
§ 61.156 of this chapter unless the in- lator).
structor: (a) For the purposes of this section
(1) Holds an airline transport pilot and § 121.413:
certificate with an airplane category (1) A check airman (airplane) is a
multiengine class rating; person who is qualified, and permitted,
(2) Has at least 2 years of experience to conduct flight checks or instruction
as a pilot in command in operations in an airplane, in a flight simulator, or
conducted under § 91.1053(a)(2)(i) or in a flight training device for a par-
§ 135.243(a)(1) of this chapter, or as a ticular type airplane.
pilot in command or second in com- (2) A check airman (simulator) is a
mand in any operation conducted person who is qualified to conduct
under this part; flight checks or instruction, but only
(3) Except for the holder of a flight in a flight simulator or in a flight
instructor certificate, receives initial training device for a particular type
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training on the following topics: airplane.


(i) The fundamental principles of the (3) Check airmen (airplane) and
learning process; check airmen (simulator) are those

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Federal Aviation Administration, DOT § 121.412

check airmen who perform the func- (3) Has satisfactorily completed the
tions described in § 121.401(a)(4). appropriate proficiency or flight
(b) No certificate holder may use a checks that are required to serve as a
person, nor may any person serve as a pilot in command or flight engineer, as
check airman (airplane) in a training applicable, in operations under this
program established under this subpart part;
unless, with respect to the airplane (4) Has satisfactorily completed the
type involved, that person— applicable training requirements of
(1) Holds the airman certificates and § 121.413; and
ratings required to serve as a pilot in (5) Has been approved by the Admin-
command or flight engineer, as appli- istrator for the check airman (simu-
cable, in operations under this part; lator) duties involved.
(2) Has satisfactorily completed the (d) Completion of the requirements
appropriate training phases for the air- in paragraphs (b) (2), (3), and (4) or (c)
plane, including recurrent training, (2), (3), and (4) of this section, as appli-
that are required to serve as a pilot in cable, shall be entered in the individ-
command or flight engineer, as appli- ual’s training record maintained by the
cable, in operations under this part; certificate holder.
(3) Has satisfactorily completed the (e) Check airmen who have reached
appropriate proficiency or flight their 65th birthday or who do not hold
checks that are required to serve as a an appropriate medical certificate may
pilot in command or flight engineer, as function as check airmen, but may not
applicable, in operations under this serve as pilot flightcrew members in
part; operations under this part.
(4) Has satisfactorily completed the (f) A check airman (simulator) must
applicable training requirements of accomplish the following—
§ 121.413 including in-flight training and
(1) Fly at least two flight segments
practice for initial and transition
as a required crewmember for the type
training;
airplane involved within the 12-month
(5) Holds at least a Class III medical
period preceding the performance of
certificate unless serving as a required
any check airman duty in a flight sim-
crewmember, in which case holds a
ulator; or
Class I or Class II medical certificate
as appropriate; (2) Satisfactorily complete an ap-
(6) Has satisfied the recency of expe- proved line-observation program with-
rience requirements of § 121.439 of this in the period prescribed by that pro-
part, as applicable; and gram and that must precede the per-
(7) Has been approved by the Admin- formance of any check airman duty in
istrator for the check airman duties in- a flight simulator.
volved. (g) The flight segments or line-obser-
(c) No certificate holder may use a vation program required in paragraph
person nor may any person serve as a (f) of this section are considered to be
check airman (simulator) in a training completed in the month required if
program established under this subpart completed in the calendar month be-
unless, with respect to the airplane fore or in the calendar month after the
type involved, that person meets the month in which it is due.
provisions of paragraph (b) of this sec- [Doc. No. 28471, 61 FR 30741, June 17, 1996, as
tion, or— amended by Amdt. 121–344, 74 FR 34235, July
(1) Holds the airman certificates and 15, 2009; Amdt. 121–366, 78 FR 67837, Nov. 12,
ratings, except medical certificate, re- 2013]
quired to serve as a pilot in command
or a flight engineer, as applicable, in § 121.412 Qualifications: Flight instruc-
operations under this part; tors (airplane) and flight instruc-
tors (simulator).
(2) Has satisfactorily completed the
appropriate training phases for the air- (a) For the purposes of this section
plane, including recurrent training, and § 121.414:
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that are required to serve as a pilot in (1) A flight instructor (airplane) is a


command or flight engineer, as appli- person who is qualified to instruct in
cable, in operations under this part; an airplane, in a flight simulator, or in

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§ 121.412 14 CFR Ch. I (1–1–16 Edition)

a flight training device for a particular (2) Has satisfactorily completed the
type airplane. appropriate training phases for the air-
(2) A flight instructor (simulator) is a plane, including recurrent training,
person who is qualified to instruct, but that are required to serve as a pilot in
only in a flight simulator, in a flight command or flight engineer, as appli-
training device, or both, for a par- cable, in operations under this part;
ticular type airplane. (3) Has satisfactorily completed the
(3) Flight instructors (airplane) and appropriate proficiency or flight
flight instructors (simulator) are those checks that are required to serve as a
instructors who perform the functions pilot in command or flight engineer, as
described in § 121.401(a)(4). applicable, in operations under this
(b) No certificate holder may use a part; and
person nor may any person serve as a
(4) Has satisfactorily completed the
flight instructor (airplane) in a train-
applicable training requirements of
ing program established under this sub-
part unless, with respect to the air- § 121.414.
plane type involved, that person— (d) Completion of the requirements
(1) Holds the airman certificates and in paragraphs (b) (2), (3), and (4) or (c)
rating required to serve as a pilot in (2), (3), and (4) of this section as appli-
command or flight engineer, as appli- cable shall be entered in the individ-
cable, in operations under this part; ual’s training record maintained by the
(2) Has satisfactorily completed the certificate holder.
appropriate training phases for the air- (e) Flight instructors who have
plane, including recurrent training, reached their 65th birthday or who do
that are required to serve as a pilot in not hold an appropriate medical cer-
command or flight engineer, as appli- tificate may function as flight instruc-
cable, in operations under this part; tors, but may not serve as pilot
(3) Has satisfactorily completed the flightcrew members in operations
appropriate proficiency or flight under this part.
checks that are required to serve as a (f) A flight instructor (simulator)
pilot in command or flight engineer, as must accomplish the following—
applicable, in operations under this (1) Fly at least two flight segments
part; as a required crewmember for the type
(4) Has satisfactorily completed the of airplane within the 12-month period
applicable training requirements of preceding the performance of any
§ 121.414, including in-flight training flight instructor duty in a flight simu-
and practice for initial and transition
lator (and must hold a Class I or Class
training;
II medical certificate as appropriate);
(5) Holds at least a Class III medical
or
certificate unless serving as a required
crewmember, in which case holds a (2) Satisfactorily complete an ap-
Class I or a Class II medical certificate proved line-observation program with-
as appropriate; and in the period prescribed by that pro-
(6) Has satisfied the recency of expe- gram preceding the performance of any
rience requirements of § 121.439 of this flight instructor duty in a flight simu-
part, as applicable. lator.
(c) No certificate holder may use a (g) The flight segments or line-obser-
person, nor may any person serve as a vation program required in paragraph
flight instructor (simulator) in a train- (f) of this section is considered com-
ing program established under this sub- pleted in the month required if com-
part, unless, with respect to the air- pleted in the calendar month before, or
plane type involved, that person meets the calendar month after the month in
the provisions of paragraph (b) of this which it is due.
section, or— [Doc. No. 28471, 61 FR 30742, June 17, 1996; 61
(1) Holds the airman certificates and FR 34927, July 3, 1996; 62 FR 3739, Jan. 24,
ratings, except medical certificate, re- 1997; Amdt. 121–264, 62 FR 23120, Apr. 28, 1997;
lpowell on DSK54DXVN1OFR with $$_JOB

quired to serve as a pilot in command Amdt. 121–344, 74 FR 34235, July 15, 2009;
or flight engineer, as applicable, in op- Amdt. 121–355, 76 FR 35104, June 16, 2011;
erations under this part; Amdt. 121–366, 78 FR 67837, Nov. 12, 2013]

164

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Federal Aviation Administration, DOT § 121.413

§ 121.413 Initial, transition and recur- (ii) Proper operation of environ-


rent training and checking require- mental and fault panels;
ments: Check airmen (airplane), (iii) Data and motion limitations of
check airmen (simulator). simulation; and
(a) No certificate holder may use a (iv) The minimum airplane simulator
person nor may any person serve as a equipment required by this part or part
check airman unless— 60 of this chapter, for each maneuver
(1) That person has satisfactorily and procedure completed in a flight
completed initial or transition check simulator or a flight training device.
airman training; and (d) The transition ground training for
(2) Within the preceding 24 calendar check airmen must include the fol-
months that person satisfactorily con- lowing:
ducts a check or supervises operating (1) The approved methods, proce-
experience under the observation of an dures, and limitations for performing
FAA inspector or an aircrew des- the required normal, abnormal, and
ignated examiner employed by the op- emergency procedures applicable to the
erator. The observation check may be airplane to which the check airman is
accomplished in part or in full in an transitioning.
airplane, in a flight simulator, or in a (2) For check airmen who conduct
flight training device. training or checking in a flight simu-
(b) The observation check required lator or a flight training device, the
by paragraph (a)(2) of this section is following subjects specific to the de-
considered to have been completed in vice(s) for the airplane type to which
the month required if completed in the
the check airman is transitioning:
calendar month before, or the calendar
(i) Proper operation of the controls
month after, the month in which it is
due. and systems;
(c) The initial ground training for (ii) Proper operation of environ-
check airmen must include the fol- mental and fault panels;
lowing: (iii) Data and motion limitations of
(1) Check airman duties, functions, simulation; and
and responsibilities. (iv) The minimum airplane simulator
(2) The applicable Code of Federal equipment required by this part or part
Regulations and the certificate hold- 60 of this chapter, for each maneuver
er’s policies and procedures. and procedure completed in a flight
(3) The appropriate methods, proce- simulator or a flight training device.
dures, and techniques for conducting (e) The initial and transition flight
the required checks. training for check airmen (airplane)
(4) Proper evaluation of student per- must include the following:
formance including the detection of— (1) The safety measures for emer-
(i) Improper and insufficient train- gency situations that are likely to de-
ing; and velop during a check.
(ii) Personal characteristics of an ap- (2) The potential results of improper,
plicant that could adversely affect untimely, or non-execution of safety
safety. measures during a check.
(5) The appropriate corrective action (3) For pilot check airman (air-
in the case of unsatisfactory checks. plane)—
(6) The approved methods, proce- (i) Training and practice in con-
dures, and limitations for performing ducting flight checks from the left and
the required normal, abnormal, and right pilot seats in the required nor-
emergency procedures in the airplane. mal, abnormal, and emergency proce-
(7) For check airmen who conduct dures to ensure competence to conduct
training or checking in a flight simu- the pilot flight checks required by this
lator or a flight training device, the part; and
following subjects specific to the de- (ii) The safety measures to be taken
lpowell on DSK54DXVN1OFR with $$_JOB

vice(s) for the airplane type: from either pilot seat for emergency
(i) Proper operation of the controls situations that are likely to develop
and systems; during a check.

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§ 121.414 14 CFR Ch. I (1–1–16 Edition)

(4) For flight engineer check airmen in a flight simulator, or in a flight


(airplane), training to ensure com- training device.
petence to perform assigned duties. (b) The observation check required
(f) The requirements of paragraph (e) by paragraph (a)(2) of this section is
of this section may be accomplished in considered to have been completed in
full or in part in flight, in a flight sim- the month required if completed in the
ulator, or in a flight training device, as calendar month before, or the calendar
appropriate. month after, the month in which it is
(g) The initial and transition flight due.
training for check airmen who conduct (c) The initial ground training for
training or checking in a flight simu- flight instructors must include the fol-
lator or a flight training device must lowing:
include the following: (1) Flight instructor duties, func-
(1) Training and practice in con- tions, and responsibilities.
ducting flight checks in the required (2) The applicable Code of Federal
normal, abnormal, and emergency pro-
Regulations and the certificate hold-
cedures to ensure competence to con-
er’s policies and procedures.
duct the flight checks required by this
(3) The appropriate methods, proce-
part. This training and practice must
be accomplished in a flight simulator dures, and techniques for conducting
or in a flight training device. flight instruction.
(2) Training in the operation of flight (4) Proper evaluation of student per-
simulators or flight training devices, formance including the detection of—
or both, to ensure competence to con- (i) Improper and insufficient train-
duct the flight checks required by this ing; and
part. (ii) Personal characteristics of an ap-
(h) Recurrent ground training for plicant that could adversely affect
check airmen who conduct training or safety.
checking in a flight simulator or a (5) The corrective action in the case
flight training device must be com- of unsatisfactory training progress.
pleted every 12 calendar months and (6) The approved methods, proce-
must include the subjects required in dures, and limitations for performing
paragraph (c)(7) of this section. the required normal, abnormal, and
(i) Compliance with paragraphs (c)(7), emergency procedures in the airplane.
(d)(2), and (h) of this section is required (7) Except for holders of a flight in-
no later than March 12, 2019. structor certificate—
[Doc. No. 28471, 61 FR 30743, June 17, 1996; 62 (i) The fundamental principles of the
FR 3739, Jan. 24, 1997; Amdt. 121–264, 62 FR teaching-learning process;
23120, Apr. 28, 1997; Amdt. 121–366, 78 FR 67838, (ii) Teaching methods and proce-
Nov. 12, 2013] dures; and
(iii) The instructor-student relation-
§ 121.414 Initial, transition and recur-
rent training and checking require- ship.
ments: flight instructors (airplane), (8) For flight instructors who con-
flight instructors (simulator). duct training in a flight simulator or a
(a) No certificate holder may use a flight training device, the following
person nor may any person serve as a subjects specific to the device(s) for the
flight instructor unless— airplane type:
(1) That person has satisfactorily (i) Proper operation of the controls
completed initial or transition flight and systems;
instructor training; and (ii) Proper operation of environ-
(2) Within the preceding 24 calendar mental and fault panels;
months, that person satisfactorily con- (iii) Data and motion limitations of
ducts instruction under the observa- simulation; and
tion of an FAA inspector, an operator (iv) The minimum airplane simulator
check airman, or an aircrew designated equipment required by this part or part
lpowell on DSK54DXVN1OFR with $$_JOB

examiner employed by the operator. 60 of this chapter, for each maneuver


The observation check may be accom- and procedure completed in a flight
plished in part or in full in an airplane, simulator or a flight training device.

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Federal Aviation Administration, DOT § 121.415

(d) The transition ground training for flight training device must include the
flight instructors must include the fol- following:
lowing: (1) Training and practice in the re-
(1) The approved methods, proce- quired normal, abnormal, and emer-
dures, and limitations for performing gency procedures to ensure competence
the required normal, abnormal, and to conduct the flight instruction re-
emergency procedures applicable to the quired by this part. This training and
airplane to which the flight instructor practice must be accomplished in full
is transitioning. or in part in a flight simulator or in a
(2) For flight instructors who con- flight training device.
duct training in a flight simulator or a (2) Training in the operation of flight
flight training device, the following simulators or flight training devices,
subjects specific to the device(s) for the or both, to ensure competence to con-
airplane type to which the flight in- duct the flight instruction required by
structor is transitioning: this part.
(i) Proper operation of the controls (h) Recurrent flight instructor
and systems; ground training for flight instructors
(ii) Proper operation of environ- who conduct training in a flight simu-
mental and fault panels; lator or a flight training device must
(iii) Data and motion limitations of be completed every 12 calendar months
simulation; and and must include the subjects required
(iv) The minimum airplane simulator in paragraph (c)(8) of this section.
equipment required by this part or part (i) Compliance with paragraphs (c)(8),
60 of this chapter, for each maneuver (d)(2), and (h) of this section is required
and procedure completed in a flight no later than March 12, 2019.
simulator or a flight training device. [Doc. No. 28471, 61 FR 30743, June 17, 1996; 62
(e) The initial and transition flight FR 3739, Jan. 24, 1997, as amended by Amdt.
training for flight instructors (air- 121–366, 78 FR 67838, Nov. 12, 2013]
plane) must include the following:
(1) The safety measures for emer- § 121.415 Crewmember and dispatcher
gency situations that are likely to de- training program requirements.
velop during instruction. (a) Each training program must pro-
(2) The potential results of improper, vide the following ground training as
untimely, or non-execution of safety appropriate to the particular assign-
measures during instruction. ment of the crewmember or dispatcher:
(3) For pilot flight instructor (air- (1) Basic indoctrination ground train-
plane)— ing for newly hired crewmembers or
(i) In-flight training and practice in dispatchers including 40 programmed
conducting flight instruction from the hours of instruction, unless reduced
left and right pilot seats in the re- under § 121.405 or as specified in
quired normal, abnormal, and emer- § 121.401(d), in at least the following—
gency procedures to ensure competence (i) Duties and responsibilities of
as an instructor; and crewmembers or dispatchers, as appli-
(ii) The safety measures to be taken cable;
from either pilot seat for emergency (ii) Appropriate provisions of the
situations that are likely to develop Federal Aviation Regulations;
during instruction. (iii) Contents of the certificate hold-
(4) For flight engineer instructors er’s operating certificate and oper-
(airplane), inflight training to ensure ations specifications (not required for
competence to perform assigned duties. flight attendants); and
(f) The requirements of paragraph (e) (iv) Appropriate portions of the cer-
of this section may be accomplished in tificate holder’s operating manual.
full or in part in flight, in a flight sim- (2) The initial and transition ground
ulator, or in a flight training device, as training specified in §§ 121.419, 121.421
appropriate. and 121.422, as applicable.
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(g) The initial and transition flight (3) For crewmembers, emergency
training for flight instructors who con- training as specified in §§ 121.417 and
duct training in a flight simulator or a 121.805.

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§ 121.417 14 CFR Ch. I (1–1–16 Edition)

(4) After February 15, 2008, training (i) Each training program must in-
for crewmembers and dispatchers in clude methods for remedial training
their roles and responsibilities in the and tracking of pilots identified in the
certificate holder’s passenger recovery analysis performed in accordance with
plan, if applicable. paragraph (h) of this section.
(b) Each training program must pro- (j) Compliance with paragraphs (h)
vide the flight training specified in and (i) of this section is required no
§§ 121.424 through 121.425, as applicable. later than March 12, 2019.
(c) Each training program must pro- [Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as
vide recurrent ground and flight train- amended by Amdt. 121–130, 41 FR 47229, Oct.
ing as provided in § 121.427. 28, 1976; Amdt. 121–281, 66 FR 19043, Apr. 12,
(d) Each training program must pro- 2001; Amdt. 121–329, 72 FR 1881, Jan. 16, 2007;
vide the differences training specified Amdt. 121–366, 78 FR 67839, Nov. 12, 2013]
in § 121.418(a) if the Administrator finds § 121.417 Crewmember emergency
that, due to differences between air- training.
planes of the same type operated by
the certificate holder, additional train- (a) Each training program must pro-
ing is necessary to insure that each vide the emergency training set forth
crewmember and dispatcher is ade- in this section with respect to each air-
quately trained to perform their as- plane type, model, and configuration,
each required crewmember, and each
signed duties.
kind of operation conducted, insofar as
(e) Upgrade training as specified in
appropriate for each crewmember and
§§ 121.419 and 121.424 for a particular
the certificate holder.
type airplane may be included in the
(b) Emergency training must provide
training program for crewmembers who
the following:
have qualified and served as second in
(1) Instruction in emergency assign-
command pilot or flight engineer on
ments and procedures, including co-
that airplane.
ordination among crewmembers.
(f) Particular subjects, maneuvers, (2) Individual instruction in the loca-
procedures, or parts thereof specified in tion, function, and operation of emer-
§§ 121.419, 121.421, 121.422, 121.424, and gency equipment including—
121.425 for transition or upgrade train- (i) Equipment used in ditching and
ing, as applicable, may be omitted, or evacuation;
the programmed hours of ground in- (ii) [Reserved]
struction or inflight training may be (iii) Portable fire extinguishers, with
reduced, as provided in § 121.405. emphasis on type of extinguisher to be
(g) In addition to initial, transition, used on different classes of fires; and
upgrade, recurrent and differences (iv) Emergency exits in the emer-
training, each training program must gency mode with the evacuation slide/
also provide ground and flight training, raft pack attached (if applicable), with
instruction, and practice as necessary training emphasis on the operation of
to insure that each crewmember and the exits under adverse conditions.
dispatcher— (3) Instruction in the handling of
(1) Remains adequately trained and emergency situations including—
currently proficient with respect to (i) Rapid decompression;
each airplane, crewmember position, (ii) Fire in flight or on the surface,
and type of operation in which he and smoke control procedures with em-
serves; and phasis on electrical equipment and re-
(2) Qualifies in new equipment, facili- lated circuit breakers found in cabin
ties, procedures, and techniques, in- areas including all galleys, service cen-
cluding modifications to airplanes. ters, lifts, lavatories and movie
(h) Each training program must in- screens;
clude a process to provide for the reg- (iii) Ditching and other evacuation,
ular analysis of individual pilot per- including the evacuation of persons
formance to identify pilots with per- and their attendants, if any, who may
lpowell on DSK54DXVN1OFR with $$_JOB

formance deficiencies during training need the assistance of another person


and checking and multiple failures dur- to move expeditiously to an exit in the
ing checking. event of an emergency.

168

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Federal Aviation Administration, DOT § 121.417

(iv) [Reserved] endar months during recurrent train-


(v) Hijacking and other unusual situ- ing. Each crewmember must—
ations. (i) Perform the following emergency
(4) Review and discussion of previous drills and operate the following equip-
aircraft accidents and incidents per- ment:
taining to actual emergency situa- (A) Each type of emergency exit in
tions. the normal and emergency modes, in-
(c) Each crewmember must accom- cluding the actions and forces required
plish the following emergency training in the deployment of the emergency
during the specified training periods, evacuation slides;
using those items of installed emer- (B) Each type of installed hand fire
gency equipment for each type of air- extinguisher;
plane in which he or she is to serve (Al- (C) Each type of emergency oxygen
ternate recurrent training required by system to include protective breathing
§ 121.433(c) of this part may be accom- equipment;
plished by approved pictorial presen- (D) Donning, use, and inflation of in-
tation or demonstration): dividual flotation means, if applicable;
and
(1) One-time emergency drill require-
(E) Ditching, if applicable, including
ments to be accomplished during ini-
but not limited to, as appropriate:
tial training. Each crewmember must
(1) Cockpit preparation and proce-
perform—
dures;
(i) At least one approved protective (2) Crew coordination;
breathing equipment (PBE) drill in (3) Passenger briefing and cabin prep-
which the crewmember combats an ac- aration;
tual or simulated fire using at least (4) Donning and inflation of life pre-
one type of installed hand fire extin- servers;
guisher or approved fire extinguisher (5) Use of life-lines; and
that is appropriate for the type of ac- (6) Boarding of passengers and crew
tual fire or simulated fire to be fought into raft or a slide/raft pack.
while using the type of installed PBE (ii) Observe the following drills:
required by § 121.337 or approved PBE (A) Removal from the airplane (or
simulation device as defined by para- training device) and inflation of each
graph (d) of this section for combatting type of life raft, if applicable;
fires aboard airplanes; (B) Transfer of each type of slide/raft
(ii) At least one approved firefighting pack from one door to another;
drill in which the crewmember com- (C) Deployment, inflation, and de-
bats an actual fire using at least one tachment from the airplane (or train-
type of installed hand fire extinguisher ing device) of each type of slide/raft
or approved fire extinguisher that is pack; and
appropriate for the type of fire to be (D) Emergency evacuation including
fought. This firefighting drill is not re- the use of a slide.
quired if the crewmember performs the (d) After September 1, 1993, no crew-
PBE drill of paragraph (c)(1)(i) by com- member may serve in operations under
bating an actual fire; and this part unless that crewmember has
(iii) An emergency evacuation drill performed the PBE drill and the fire-
with each person egressing the airplane fighting drill described by paragraphs
or approved training device using at (c)(1)(i) and (c)(1)(ii) of this section, as
least one type of installed emergency part of a one-time training require-
evacuation slide. The crewmember may ment of paragraphs (c)(1) or (c)(2) of
either observe the airplane exits being this section as appropriate. Any crew-
opened in the emergency mode and the member who performs the PBE drill
associated exit slide/raft pack being de- and the firefighting drill prescribed in
ployed and inflated, or perform the paragraphs (c)(1)(i) and (c)(1)(ii) of this
tasks resulting in the accomplishment section after May 26, 1987, is deemed to
of these actions. be in compliance with this regulation
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(2) Additional emergency drill re- upon presentation of information or


quirements to be accomplished during documentation, in a form and manner
initial training and once each 24 cal- acceptable to the Director, Flight

169

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§ 121.418 14 CFR Ch. I (1–1–16 Edition)

Standards Service, showing that the Finding Aids section of the printed volume
appropriate drills have been accom- and at www.fdsys.gov.
plished.
§ 121.418 Differences training and re-
(e) Crewmembers who serve in oper- lated aircraft differences training.
ations above 25,000 feet must receive
instruction in the following: (a) Differences training. (1) Differences
(1) Respiration. training for crewmembers and dis-
(2) Hypoxia. patchers must consist of at least the
(3) Duration of consciousness without following as applicable to their as-
supplemental oxygen at altitude. signed duties and responsibilities:
(i) Instruction in each appropriate
(4) Gas expansion.
subject or part thereof required for ini-
(5) Gas bubble formation.
tial ground training in the airplane un-
(6) Physical phenomena and incidents
less the Administrator finds that par-
of decompression.
ticular subjects are not necessary.
(f) For the purposes of this section
(ii) Flight training in each appro-
the following definitions apply:
priate maneuver or procedure required
(1) Actual fire means an ignited com- for initial flight training in the air-
bustible material, in controlled condi- plane unless the Administrator finds
tions, of sufficient magnitude and du- that particular maneuvers or proce-
ration to accomplish the training ob- dures are not necessary.
jectives outlined in paragraphs (c)(1)(i) (iii) The number of programmed
and (c)(1)(ii) of this section. hours of ground and flight training de-
(2) Approved fire extinguisher means a termined by the Administrator to be
training device that has been approved necessary for the airplane, the oper-
by the Administrator for use in meet- ation, and the crewmember or aircraft
ing the training requirements of dispatcher involved.
§ 121.417(c).
(3) Approved PBE simulation device (2) Differences training for all vari-
means a training device that has been ations of a particular type airplane
approved by the Administrator for use may be included in initial, transition,
in meeting the training requirements upgrade, and recurrent training for the
of § 121.417(c). airplane.
(4) Combats, in this context, means to (b) Related aircraft differences training.
properly fight an actual or simulated (1) In order to seek approval of related
fire using an appropriate type of fire aircraft differences training for
extinguisher until that fire is extin- flightcrew members, a certificate hold-
guished. er must submit a request for related
(5) Observe means to watch without aircraft designation to the Adminis-
participating actively in the drill. trator, and obtain approval of that re-
(6) PBE drill means an emergency quest.
drill in which a crewmember dem- (2) If the Administrator determines
onstrates the proper use of protective under paragraph (b)(1) of this section
breathing equipment while fighting an that a certificate holder is operating
actual or simulated fire. related aircraft, the certificate holder
(7) Perform means to satisfactorily may submit to the Administrator a re-
accomplish a prescribed emergency quest for approval of a training pro-
drill using established procedures that gram that includes related aircraft dif-
stress the skill of the persons involved ferences training.
in the drill. (3) A request for approval of a train-
(8) Simulated fire means an artificial ing program that includes related air-
duplication of smoke or flame used to craft differences training must include
create various aircraft firefighting sce- at least the following:
narios, such as lavatory, galley oven, (i) Each appropriate subject required
and aircraft seat fires. for the ground training for the related
aircraft.
[Doc. No. 9509, 35 FR 90, Jan. 3, 1970] (ii) Each appropriate maneuver or
lpowell on DSK54DXVN1OFR with $$_JOB

EDITORIAL NOTE: For FEDERAL REGISTER ci- procedure required for the flight train-
tations affecting § 121.417, see the List of CFR ing and crewmember emergency train-
Sections Affected, which appears in the ing for the related aircraft.

170

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Federal Aviation Administration, DOT § 121.419

(iii) The number of programmed (2) For each airplane type—


hours of ground training, flight train- (i) A general description;
ing and crewmember emergency train- (ii) Performance characteristics;
ing necessary based on review of the re- (iii) Engines and propellers;
lated aircraft and the duty position. (iv) Major components;
(c) Approved related aircraft differences (v) Major airplane systems (e.g.,
training. Approved related aircraft dif- flight controls, electrical, hydraulic);
ferences training for flightcrew mem- other systems as appropriate; prin-
bers may be included in initial, transi- ciples of normal, abnormal, and emer-
tion, upgrade and recurrent training gency operations; appropriate proce-
for the base aircraft. If the certificate dures and limitations;
holder’s approved training program in- (vi) Procedures for—
cludes related aircraft differences (A) Recognizing and avoiding severe
training in accordance with paragraph weather situations;
(b) of this section, the training re- (B) Escaping from severe weather sit-
quired by §§ 121.419, 121.424, 121.425, and uations, in case of inadvertent encoun-
121.427, as applicable to flightcrew ters, including low-altitude windshear,
members, may be modified for the re- and
lated aircraft. (C) Operating in or near thunder-
[Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as storms (including best penetrating al-
amended by Amdt. 121–366, 78 FR 67839, Nov. titudes), turbulent air (including clear
12, 2013] air turbulence), icing, hail, and other
potentially hazardous meteorological
§ 121.419 Pilots and flight engineers: conditions;
Initial, transition, and upgrade
ground training. (vii) Operating limitations;
(viii) Fuel consumption and cruise
(a) Except as provided in paragraph control;
(b) of this section, initial, transition,
(ix) Flight planning;
and upgrade ground training for pilots
(x) Each normal and emergency pro-
and flight engineers must include in-
cedure;
struction in at least the following as
applicable to their assigned duties: (xi) For pilots, stall prevention and
(1) General subjects— recovery in clean configuration, take-
(i) The certificate holder’s dispatch off and maneuvering configuration, and
or flight release procedures; landing configuration.
(ii) Principles and methods for deter- (xii) For pilots, upset prevention and
mining weight and balance, and run- recovery; and
way limitations for takeoff and land- (xiii) The approved Airplane Flight
ing; Manual.
(iii) Enough meteorology to insure a (b) Initial ground training for pilots
practical knowledge of weather phe- who have completed the airline trans-
nomena, including the principles of port pilot certification training pro-
frontal systems, icing, fog, thunder- gram in § 61.156 must include instruc-
storms, and high altitude weather situ- tion in at least the following as appli-
ations; cable to their assigned duties:
(iv) Air traffic control systems, pro- (1) Ground training specific to the
cedures, and phraseology; certificate holder’s—
(v) Navigation and the use of naviga- (i) Dispatch or flight release proce-
tion aids, including instrument ap- dures;
proach procedures; (ii) Method for determining weight
(vi) Normal and emergency commu- and balance and runway limitations for
nication procedures; takeoff and landing;
(vii) Visual cues prior to and during (iii) Meteorology hazards applicable
descent below DA/DH or MDA; to the certificate holder’s areas of op-
(viii) Approved crew resource man- eration;
agement initial training; and (iv) Approved departure, arrival, and
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(ix) Other instructions as necessary approach procedures;


to ensure pilot and flight engineer (v) Normal and emergency commu-
competence. nication procedures; and

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§ 121.420 14 CFR Ch. I (1–1–16 Edition)

(vi) Approved crew resource manage- whose conduct might jeopardize safety;
ment training. and
(2) The training required by para- (iii) Approved crew resource manage-
graph (a)(2) of this section for the air- ment initial training.
plane type. (2) For each airplane type—
(c) Initial ground training for pilots (i) A general description of the air-
and flight engineers must consist of at plane emphasizing physical character-
least the following programmed hours istics that may have a bearing on
of instruction in the required subjects ditching, evacuation, and inflight
specified in paragraph (a) of this sec- emergency procedures and on other re-
tion and in § 121.415(a) unless reduced lated duties;
under § 121.405: (ii) The use of both the public address
(1) Group I airplanes—
system and the means of commu-
(i) Reciprocating powered, 64 hours;
nicating with other flight crew-
and
members, including emergency means
(ii) Turbopropeller powered, 80 hours.
in the case of attempted hijacking or
(2) Group II airplanes, 120 hours.
other unusual situations; and
(d) Initial ground training for pilots
who have completed the airline trans- (iii) Proper use of electrical galley
port pilot certification training pro- equipment and the controls for cabin
gram in § 61.156 must consist of at least heat and ventilation.
the following programmed hours of in- (b) Initial and transition ground
struction in the required subjects spec- training for flight attendants must in-
ified in paragraph (b) of this section clude a competence check to determine
and in § 121.415(a) unless reduced under ability to perform assigned duties and
§ 121.405: responsibilities.
(1) Group I airplanes— (c) Initial ground training for flight
(i) Reciprocating powered, 54 hours; attendants must consist of at least the
and following programmed hours of in-
(ii) Turbopropeller powered, 70 hours. struction in the subjects specified in
(2) Group II airplanes, 110 hours. paragraph (a) of this section and in
(e) Compliance and pilot programmed § 121.415(a) unless reduced under
hours. (1) Compliance with the require- § 121.405.
ments identified in paragraphs (1) Group I airplanes—
(a)(2)(xi) and (a)(2)(xii) of this section (i) Reciprocating powered, 8 hours;
is required no later than March 12, 2019. and
(2) Beginning March 12, 2019, initial (ii) Turbopropeller powered, 8 hours.
programmed hours applicable to pilots (2) Group II airplanes, 16 hours.
as specified in paragraphs (c) and (d) of
this section must include 2 additional [Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as
hours. amended by Amdt. 121–250, 60 FR 65949, Dec.
20, 1995]
[Doc. No. FAA–2010–0100, 78 FR 42377, July 15,
2013, as amended by Amdt. 121–366, 78 FR § 121.422 Aircraft dispatchers: Initial
67839, Nov. 12, 2013] and transition ground training.
§ 121.420 [Reserved] (a) Initial and transition ground
training for aircraft dispatchers must
§ 121.421 Flight attendants: Initial and include instruction in at least the fol-
transition ground training. lowing:
(a) Initial and transition ground (1) General subjects—
training for flight attendants must in- (i) Use of communications systems
clude instruction in at least the fol- including the characteristics of those
lowing: systems and the appropriate normal
(1) General subjects— and emergency procedures;
(i) The authority of the pilot in com- (ii) Meteorology, including various
mand; types of meteorological information
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(ii) Passenger handling, including the and forecasts, interpretation of weath-


procedures to be followed in the case of er data (including forecasting of en
deranged persons or other persons route and terminal temperatures and

172

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Federal Aviation Administration, DOT § 121.423

other weather conditions), frontal sys- (i) Reciprocating powered, 30 hours;


tems, wind conditions, and use of ac- and
tual and prognostic weather charts for (ii) Turbopropeller powered, 40 hours.
various altitudes; (2) Group II airplanes, 40 hours.
(iii) The NOTAM system;
[Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as
(iv) Navigational aids and publica-
amended by Amdt. 121–250, 60 FR 65949, Dec.
tions; 20, 1995]
(v) Joint dispatcher-pilot responsibil-
ities; § 121.423 Pilot: Extended Envelope
(vi) Characteristics of appropriate Training.
airports;
(a) Each certificate holder must in-
(vii) Prevailing weather phenomena
clude in its approved training program,
and the available sources of weather
the extended envelope training set
information;
forth in this section with respect to
(viii) Air traffic control and instru-
each airplane type for each pilot. The
ment approach procedures; and
extended envelope training required by
(ix) Approved dispatcher resource
this section must be performed in a
management (DRM) initial training.
Level C or higher full flight simulator,
(2) For each airplane—
approved by the Administrator in ac-
(i) A general description of the air-
cordance with § 121.407 of this part.
plane emphasizing operating and per-
(b) Extended envelope training must
formance characteristics, navigation
include the following maneuvers and
equipment, instrument approach and
procedures:
communication equipment, emergency
equipment and procedures, and other (1) Manually controlled slow flight;
subjects having a bearing on dispatcher (2) Manually controlled loss of reli-
duties and responsibilities; able airspeed;
(ii) Flight operation procedures in- (3) Manually controlled instrument
cluding procedures specified in departure and arrival;
§ 121.419(a)(2)(vi); (4) Upset recovery maneuvers; and
(iii) Weight and balance computa- (5) Recovery from bounced landing.
tions; (c) Extended envelope training must
(iv) Basic airplane performance dis- include instructor-guided hands on ex-
patch requirements and procedures; perience of recovery from full stall and
(v) Flight planning including track stick pusher activation, if equipped.
selection, flight time analysis, and fuel (d) Recurrent training: Within 24 cal-
requirements; and endar months preceding service as a
(vi) Emergency procedures. pilot, each person must satisfactorily
(3) Emergency procedures must be complete the extended envelope train-
emphasized, including the alerting of ing described in paragraphs (b)(1)
proper governmental, company, and through (4) and (c) of this section.
private agencies during emergencies to Within 36 calendar months preceding
give maximum help to an airplane in service as a pilot, each person must
distress. satisfactorily complete the extended
(b) Initial and transition ground envelope training described in para-
training for aircraft dispatchers must graph (b)(5) of this section.
include a competence check given by (e) Deviation from use of Level C or
an appropriate supervisor or ground in- higher full flight simulator:
structor that demonstrates knowledge (1) A certificate holder may submit a
and ability with the subjects set forth request to the Administrator for ap-
in paragraph (a) of this section. proval of a deviation from the require-
(c) Initial ground training for air- ments of paragraph (a) of this section
craft dispatchers must consist of at to conduct the extended envelope
least the following programmed hours training using an alternative method
of instruction in the subjects specified to meet the learning objectives of this
in paragraph (a) of this section and in section.
lpowell on DSK54DXVN1OFR with $$_JOB

§ 121.415(a) unless reduced under (2) A request for deviation from para-
§ 121.405: graph (a) of this section must include
(1) Group I airplanes— the following information:

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§ 121.424 14 CFR Ch. I (1–1–16 Edition)

(i) A simulator availability assess- formed in an airplane simulator, an ap-


ment, including hours by specific simu- propriate training device, or a static
lator and location of the simulator, airplane as permitted in appendix E to
and a simulator shortfall analysis that this part.
includes the training that cannot be (c) Except as permitted in paragraph
completed in a Level C or higher full (d) of this section, the initial flight
flight simulator; and training required by paragraph (a)(1) of
(ii) Alternative methods for achiev- this section must include at least the
ing the learning objectives of this sec-
following programmed hours of inflight
tion.
training and practice unless reduced
(3) A certificate holder may request
an extension of a deviation issued under § 121.405;
under this section. (1) Group I airplanes—
(4) Deviations or extensions to devi- (i) Reciprocating powered. Pilot in
ations will be issued for a period not to command, 10 hours; second in com-
exceed 12 months. mand, 6 hours; and
(f) Compliance with this section is re- (ii) Turbopropeller powered. Pilot in
quired no later than March 12, 2019. For command, 15 hours; second in com-
the recurrent training required in para- mand, 7 hours.
graph (d) of this section, each pilot (2) Group II airplanes. Pilot in com-
qualified to serve as second in com- mand, 20 hours; second in command, 10
mand or pilot in command in oper- hours.
ations under this part on March 12, 2019 (d) If the certificate holder’s ap-
must complete the recurrent extended proved training program includes a
envelope training within 12 calendar course of training utilizing an airplane
months after March 12, 2019.
simulator under § 121.409 (c) and (d) of
[Doc. No. FAA–2008–0677, 78 FR 67839, Nov. 12, this part, each pilot must successfully
2013] complete—
§ 121.424 Pilots: Initial, transition, and (1) With respect to § 121.409(c) of this
upgrade flight training. part—
(i) Training and practice in the simu-
(a) Initial, transition, and upgrade
training for pilots must include the fol- lator in at least all of the maneuvers
lowing: and procedures set forth in appendix E
(1) Flight training and practice in the to this part for initial flight training
maneuvers and procedures set forth in that are capable of being performed in
the certificate holder’s approved low- an airplane simulator without a visual
altitude windshear flight training pro- system; and
gram and in appendix E to this part, as (ii) A flight check in the simulator or
applicable; and the airplane to the level of proficiency
(2) Extended envelope training set of a pilot in command or second in
forth in § 121.423. command, as applicable, in at least the
(b) The training required by para- maneuvers and procedures set forth in
graph (a) of this section must be per- appendix F to this part that are capa-
formed inflight except— ble of being performed in an airplane
(1) That windshear maneuvers and simulator without a visual system.
procedures must be performed in a sim- (2) With respect to § 121.409(d) of this
ulator in which the maneuvers and pro- part, training and practice in at least
cedures are specifically authorized to
the maneuvers and procedures set forth
be accomplished;
in the certificate holder’s approved
(2) That the extended envelope train-
ing required by § 121.423 must be per- low-altitude windshear flight training
formed in a Level C or higher full program that are capable of being per-
flight simulator unless the Adminis- formed in an airplane simulator in
trator has issued to the certificate which the maneuvers and procedures
holder a deviation in accordance with are specifically authorized.
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§ 121.423(e); and
(3) To the extent that certain other
maneuvers and procedures may be per-

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Federal Aviation Administration, DOT § 121.427

(e) Compliance with paragraphs (a)(2) (1) Training and practice in at least
and (b)(2) of this section is required no all of the assigned duties, procedures,
later than March 12, 2019. and functions required by paragraph (a)
of this section; and
[Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as
amended by Amdt. 121–199, 53 FR 37697, Sept.
(2) A flight check to a flight engineer
27, 1988; Amdt. 121–366, 78 FR 67840, Nov. 12, level of proficiency in the assigned du-
2013] ties, procedures, and functions.
[Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as
§ 121.425 Flight engineers: Initial and amended by Amdt. 121–144, 43 FR 22647, May
transition flight training. 25, 1978]
(a) Initial and transition flight train-
ing for flight engineers must include at § 121.426 [Reserved]
least the following:
§ 121.427 Recurrent training.
(1) Training and practice in proce-
dures related to the carrying out of (a) Recurrent training must ensure
flight engineer duties and functions. that each crew member or dispatcher is
This training and practice may be ac- adequately trained and currently pro-
complished either inflight, in an air- ficient with respect to the type air-
plane simulator, or in a training de- plane (including differences training, if
vice. applicable) and crewmember position
(2) A flight check that includes— involved.
(i) Preflight inspection; (b) Recurrent ground training for
(ii) Inflight performance of assigned crewmembers and dispatchers must in-
duties accomplished from the flight en- clude at least the following:
gineer station during taxi, runup, take- (1) A quiz or other review to deter-
off, climb, cruise, descent, approach, mine the state of the crewmember’s or
and landing; dispatcher’s knowledge with respect to
(iii) Accomplishment of other func- the airplane and position involved.
tions, such as fuel management and (2) Instruction as necessary in the
preparation of fuel consumption subjects required for initial ground
records, and normal and emergency or training by §§ 121.415(a) and 121.805, as
alternate operation of all airplane appropriate, including emergency
flight systems, performed either training (not required for aircraft dis-
inflight, in an airplane simulator, or in patchers).
a training device. (3) For flight attendants and dis-
patchers, a competence check as re-
Flight engineers possessing a commer- quired by §§ 121.421(b) and 121.422(b), re-
cial pilot certificate with an instru- spectively.
ment, category and class rating, or pi- (4) CRM and DRM training. For
lots already qualified as second in com- flightcrew members, CRM training or
mand and reverting to flight engineer, portions thereof may be accomplished
may complete the entire flight check during an approved simulator line
in an approved airplane simulator. operational flight training (LOFT) ses-
(b) Except as permitted in paragraph sion. The recurrent CRM or DRM train-
(c) of this section, the initial flight ing requirements do not apply until a
training required by paragraph (a) of person has completed the applicable
this section must include at least the initial CRM or DRM training required
same number of programmed hours of by §§ 121.419, 121.421, or 121.422.
flight training and practice that are (c) Recurrent ground training for
specified for a second in command pilot crewmembers and dispatchers must
under § 121.424(c) unless reduced under consist of at least the following pro-
§ 121.405. grammed hours unless reduced under
(c) If the certificate holder’s ap- § 121.405:
proved training program includes a (1) For pilots and flight engineers—
course of training utilizing an airplane (i) Group I, reciprocating powered
simulator or other training device airplanes, 16 hours;
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under § 121.409(c), each flight engineer (ii) Group I turbopropeller powered


must successfully complete in the sim- airplanes, 20 hours; and
ulator or other training device— (iii) Group II airplanes, 25 hours.

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§ 121.429 14 CFR Ch. I (1–1–16 Edition)

(2) For flight attendants— as specified in paragraph (c)(1) of this


(i) Group I reciprocating powered air- section must include 30 additional min-
planes, 4 hours; utes.
(ii) Group I turbopropeller powered [Doc. No. 9509, 35 FR 90, Jan. 30, 1970, as
airplanes, 5 hours; and amended by Amdt. 121–80, 36 FR 19362, Oct. 5,
(iii) Group II airplanes, 12 hours. 1971; Amdt. 121–144, 43 FR 22647, May 25, 1978;
(3) For aircraft dispatchers— Amdt.121–199, 53 FR 37697, Sept. 27, 1988;
(i) Group I reciprocating powered air- Amdt. 121–250, 60 FR 65949, Dec. 20, 1995;
planes, 8 hours; Amdt. 121–281, 66 FR 19043, Apr. 12, 2001;
(ii) Group I turbopropeller powered Amdt. 121–366, 78 FR 67840, Nov. 12, 2013]
airplanes, 10 hours; and
§ 121.429 [Reserved]
(iii) Group II airplanes, 20 hours.
(d) Recurrent flight training for
flightcrew members must include at Subpart O—Crewmember
least the following: Qualifications
(1) For pilots—
(i) Extended envelope training as re- § 121.431 Applicability.
quired by § 121.423 of this part; and (a) This subpart:
(ii) Flight training in an approved (1) Prescribes crewmember qualifica-
simulator in maneuvers and procedures tions for all certificate holders except
set forth in the certificate holder’s ap- where otherwise specified. The quali-
proved low-altitude windshear flight fication requirements of this subpart
training program and flight training in also apply to each certificate holder
maneuvers and procedures set forth in that conducts commuter operations
appendix F to this part, or in a flight under part 135 of this chapter with air-
training program approved by the Ad- planes for which two pilots are re-
ministrator, except as follows— quired by the aircraft type certifi-
(A) The number of programmed cation rules of this chapter. The Ad-
inflight hours is not specified; and ministrator may authorize any other
(B) Satisfactory completion of a pro- certificate holder that conducts oper-
ficiency check may be substituted for ations under part 135 of this chapter to
recurrent flight training as permitted comply with the training and qualifica-
in § 121.433(c) and (e) of this part. tion requirements of this subpart in-
(2) For flight engineers, flight train- stead of subparts E, G, and H of part
ing as provided by § 121.425(a) except as 135 of this chapter, except that these
follows— certificate holders may choose to com-
(i) The specified number of inflight ply with the operating experience re-
hours is not required; and quirements of § 135.344 of this chapter,
(ii) The flight check, other than the instead of the requirements of § 121.434;
preflight inspection, may be conducted and
in an airplane simulator or other train- (2) Permits training center personnel
ing device. The preflight inspection authorized under part 142 of this chap-
may be conducted in an airplane, or by ter who meet the requirements of
using an approved pictorial means that §§ 121.411 through 121.414 to provide
realistically portrays the location and training, testing, and checking under
detail or preflight inspection items and contract or other arrangement to those
provides for the portrayal of abnormal persons subject to the requirements of
conditions. Satisfactory completion of this subpart.
an approved line-oriented simulator (b) For the purpose of this subpart,
training program may be substituted the airplane groups and terms and defi-
for the flight check. nitions prescribed in § 121.400 and the
(e) Compliance and pilot programmed following definitions apply:
hours: Consolidation is the process by which
(1) Compliance with the requirements a person through practice and practical
identified in paragraphs (d)(1)(i) of this experience increases proficiency in
section is required no later than March newly acquired knowledge and skills.
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12, 2019. Line operating flight time is flight time


(2) After March 12, 2019, recurrent performed in operations under this
programmed hours applicable to pilots part.

176

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Federal Aviation Administration, DOT § 121.433

Operating cycle is a complete flight plane may serve as pilot in command


segment consisting of a takeoff, climb, or second in command, respectively,
enroute portion, descent, and a land- upon completion of upgrade training
ing. for that airplane as provided in
[Doc. No. 10171, 36 FR 12284, June 30, 1971, as
§ 121.415.
amended by Amdt. 121–250, 60 FR 65949, Dec. (b) Differences training. No certificate
20, 1995; Amdt. 121–248, 60 FR 20869, Apr. 27, holder may use any person nor may
1995; Amdt. 121–250, 60 FR 65949, Dec. 20, 1995; any person serve as a required crew-
Amdt. 121–259, 61 FR 34561, July 2, 1996; member on an airplane of a type for
Amdt. 121–263, 62 FR 13791, Mar. 21, 1997] which differences training is included
in the certificate holder’s approved
§ 121.432 General.
training program unless that person
(a) Except in the case of operating has satisfactorily completed, with re-
experience under § 121.434, a pilot who spect to both the crewmember position
serves as second in command of an op- and the particular variation of the air-
eration that requires three or more pi- plane in which the person serves, either
lots must be fully qualified to act as initial or transition ground and flight
pilot in command of that operation. training, or differences training, as
(b) No certificate holder may conduct provided in § 121.415.
a check or any training in operations (c) Recurrent training. (1) No certifi-
under this part, except for the fol- cate holder may use any person nor
lowing checks and training required by may any person serve as a required
this part or the certificate holder: crewmember on an airplane unless,
(1) Line checks for pilots. within the preceding 12 calendar
(2) Flight engineer checks (except for months—
emergency procedures), if the person (i) For flight crewmembers, the per-
being checked is qualified and current son has satisfactorily completed recur-
in accordance with § 121.453(a). rent ground and flight training for that
(3) Flight attendant training and airplane and crewmember position and
competence checks. a flight check as applicable;
(c) Except for pilot line checks and (ii) For flight attendants and dis-
flight engineer flight checks, the per- patchers, the person has satisfactorily
son being trained or checked may not completed recurrent ground training
be used as a required crewmember. and a competence check; and
[Doc. No. 9509, 35 FR 95, Jan. 3, 1970, as (iii) In addition, for pilots in com-
amended by Amdt. 121–130, 41 FR 47229, Oct. mand the person has satisfactorily
28, 1976; Amdt. 121–366, 78 FR 67840, Nov. 12, completed, within the preceding 6 cal-
2013] endar months, recurrent flight training
in addition to the recurrent flight
§ 121.433 Training required. training required in paragraph (c)(1)(i)
(a) Initial training. No certificate of this section, in an airplane in which
holder may use any person nor may the person serves as pilot in command
any person serve as a required crew- in operations under this part.
member on an airplane unless that per- (2) For pilots, a proficiency check as
son has satisfactorily completed, in a provided in § 121.441 of this part may be
training program approved under sub- substituted for the recurrent flight
part N of this part, initial ground and training required by this paragraph
flight training for that type airplane and the approved simulator course of
and for the particular crewmember po- training under § 121.409(b) of this part
sition, except as follows: may be substituted for alternate peri-
(1) Crewmembers who have qualified ods of recurrent flight training re-
and served as a crewmember on an- quired in that airplane, except as pro-
other type airplane of the same group vided in paragraphs (d) and (e) of this
may serve in the same crewmember ca- section.
pacity upon completion of transition (d) For each airplane in which a pilot
training as provided in § 121.415. serves as pilot in command, the person
lpowell on DSK54DXVN1OFR with $$_JOB

(2) Crewmembers who have qualified must satisfactorily complete either re-
and served as second in command or current flight training or a proficiency
flight engineer on a particular type air- check within the preceding 12 calendar

177

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§ 121.434 14 CFR Ch. I (1–1–16 Edition)

months. The requirement in this para- tion that the certificate holder can
graph expires on March 12, 2019. After demonstrate an equivalent level of
that date, the requirement in safety.
§ 121.441(a)(1)(ii) of this part applies. (ii) A request for deviation from the
(e) Notwithstanding paragraphs (c)(2) operating experience, operating cycles,
and (d) of this section, a proficiency and line operating flight time for con-
check as provided in § 121.441 of this solidation of knowledge and skills re-
part may not be substituted for the ex- quired by this section based upon a des-
tended envelope training required by ignation of related aircraft must be
§ 121.423 or training in those maneuvers submitted to the Administrator. The
and procedures set forth in a certifi- request must include the following:
cate holder’s approved low-altitude (A) Identification of aircraft operated
windshear flight training program by the certificate holder designated as
when that program is included in a re- related aircraft.
current flight training course as re- (B) Hours of operating experience and
quired by § 121.409(d) of this part. number of operating cycles necessary
based on review of the related aircraft,
[Doc. No. 9509, 35 FR 95, Jan. 3, 1970, as
amended by Amdt. 121–91, 37 FR 10729, May the operation, and the duty position.
27, 1972; Amdt. 121–199, 53 FR 37697, Sept. 27, (C) Consolidation hours necessary
1988; Amdt. 121–366, 78 FR 67840, Nov. 12, 2013] based on review of the related aircraft,
the operation, and the duty position.
§ 121.434 Operating experience, oper- (iii) The administrator may, at any
ating cycles, and consolidation of time, terminate a grant of deviation
knowledge and skills. authority issued under this paragraph
(a) No certificate holder may use a (a)(4).
person nor may any person serve as a (b) In acquiring the operating experi-
required crewmember of an airplane ence, operating cycles, and line oper-
unless the person has satisfactorily ating flight time for consolidation of
completed, on that type airplane and in knowledge and skills, crewmembers
that crewmember position, the oper- must comply with the following:
ating experience, operating cycles, and (1) In the case of a flight crew-
the line operating flight time for con- member, the person must hold the ap-
solidation of knowledge and skills, re- propriate certificates and ratings for
quired by this section, except as fol- the crewmember position and the air-
lows: plane, except that a pilot who is meet-
(1) Crewmembers other than pilots in ing the pilot in command requirements
command may serve as provided herein must hold the appropriate certificates
for the purpose of meeting the require- and ratings for a pilot in command in
ments of this section. the airplane.
(2) Pilots who are meeting the pilot (2) The operating experience, oper-
in command requirements may serve as ating cycles, and line operating flight
second in command. time for consolidation of knowledge
(3) Separate operating experience, op- and skills must be acquired after satis-
erating cycles, and line operating factory completion of the appropriate
flight time for consolidation of knowl- ground and flight training for the par-
edge and skills are not required for ticular airplane type and crewmember
variations within the same type air- position.
plane. (3) The experience must be acquired
(4) Deviation based upon designation in flight during operations under this
of related aircraft in accordance with part. However, in the case of an air-
§ 121.418(b). craft not previously used by the certifi-
(i) The Administrator may authorize cate holder in operations under this
a deviation from the operating experi- part, operating experience acquired in
ence, operating cycles, and line oper- the aircraft during proving flights or
ating flight time for consolidation of ferry flights may be used to meet this
knowledge and skills required by this requirement.
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section based upon a designation of re- (c) Pilot crewmembers must acquire
lated aircraft in accordance with operating experience and operating cy-
§ 121.418(b) of this part and a determina- cles as follows:

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Federal Aviation Administration, DOT § 121.434

(1) A pilot in command must— § 121.409(c), each pilot in command


(i) Perform the duties of a pilot in must comply with the requirements
command under the supervision of a prescribed in paragraph (c)(3)(i) of this
check pilot; and section for initial training.
(ii) In addition, if a qualifying pilot (d) A flight engineer must perform
in command is completing initial or the duties of a flight engineer under
upgrade training specified in § 121.424, the supervision of a check airman or a
be observed in the performance of pre- qualified flight engineer for at least
scribed duties by an FAA inspector the following number of hours:
during at least one flight leg which in- (1) Group I reciprocating powered air-
cludes a takeoff and landing. During planes, 8 hours.
the time that a qualifying pilot in com- (2) Group I turbopropeller powered
mand is acquiring the operating experi- airplanes, 10 hours.
ence in paragraphs (c)(l) (i) and (ii) of (3) Group II airplanes, 12 hours.
this section, a check pilot who is also (e) A flight attendant must, for at
serving as the pilot in command must least 5 hours, perform the assigned du-
occupy a pilot station. However, in the ties of a flight attendant under the su-
case of a transitioning pilot in com- pervision of a flight attendant super-
mand the check pilot serving as pilot visor qualified under this part who per-
in command may occupy the observer’s sonally observes the performance of
seat, if the transitioning pilot has these duties. However, operating expe-
made at least two takeoffs and land- rience is not required for a flight at-
ings in the type airplane used, and has tendant who has previously acquired
satisfactorily demonstrated to the such experience on any large passenger
check pilot that he is qualified to per- carrying airplane of the same group, if
form the duties of a pilot in command the certificate holder shows that the
of that type of airplane. flight attendant has received sufficient
(2) A second in command pilot must ground training for the airplane in
perform the duties of a second in com- which the flight attendant is to serve.
mand under the supervision of an ap- Flight attendants receiving operating
propriately qualified check pilot. experience may not be assigned as a re-
(3) The hours of operating experience quired crewmember. Flight attendants
and operating cycles for all pilots are who have satisfactorily completed
as follows: training time acquired in an approved
(i) For initial training, 15 hours in training program conducted in a full-
Group I reciprocating powered air- scale (except for length) cabin training
planes, 20 hours in Group I turbo- device of the type airplane in which
propeller powered airplanes, and 25 they are to serve may substitute this
hours in Group II airplanes. Operating time for 50 percent of the hours re-
experience in both airplane groups quired by this paragraph.
must include at least 4 operating cy- (f) Flight crewmembers may sub-
cles (at least 2 as the pilot flying the stitute one additional takeoff and land-
airplane). ing for each hour of flight to meet the
(ii) For transition training, except as operating experience requirements of
provided in paragraph (c)(3)(iii) of this this section, up to a maximum reduc-
section, 10 hours in Group I recipro- tion of 50% of flight hours, except
cating powered airplanes, 12 hours in those in Group II initial training, and
Group I turbopropeller powered air- second in command pilots in Group II
planes, 25 hours for pilots in command transition training.
in Group II airplanes, and 15 hours for (g) Except as provided in paragraph
second in command pilots in Group II (h) of this section, pilot in command
airplanes. Operating experience in both and second in command crewmembers
airplane groups must include at least 4 must each acquire at least 100 hours of
operating cycles (at least 2 as the pilot line operating flight time for consoli-
flying the airplane). dation of knowledge and skills (includ-
(iii) In the case of transition training ing operating experience required
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where the certificate holder’s approved under paragraph (c) of this section)
training program includes a course of within 120 days after the satisfactory
training in an airplane simulator under completion of:

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§ 121.435 14 CFR Ch. I (1–1–16 Edition)

(1) Any part of the flight maneuvers thorize deviations from the require-
and procedures portion of either an air- ments of paragraph (g) of this section,
line transport pilot certificate with by an appropriate amendment to the
type rating practical test or an addi- operations specifications, to the extent
tional type rating practical test, or warranted by any of the following cir-
(2) A § 121.441 proficiency check. cumstances:
(h) The following exceptions apply to (i) A newly certificated certificate
the consolidation requirement of para- holder does not employ any pilots who
graph (g) of this section: meet the minimum requirements of
(1) Pilots who have qualified and paragraph (g) of this section.
served as pilot in command or second (ii) An existing certificate holder
in command on a particular type air- adds to its fleet an airplane type not
plane in operations under this part be- before proven for use in its operations.
fore August 25, 1995 are not required to (iii) A certificate holder establishes a
complete line operating flight time for new domicile to which it assigns pilots
consolidation of knowledge and skills. who will be required to become quali-
(2) Pilots who have completed the fied on the airplanes operated from
line operating flight time requirement that domicile.
for consolidation of knowledge and (i) Notwithstanding the reductions in
skills while serving as second in com- programmed hours permitted under
mand on a particular type airplane in §§ 121.405 and 121.409 of subpart N of this
operations under this part after August part, the hours of operating experience
25, 1995 are not required to repeat the for crewmembers are not subject to re-
line operating flight time before serv- duction other than as provided in ac-
ing as pilot in command on the same cordance with a deviation authorized
type airplane. under paragraph (a) of this section or
(3) If, before completing the required as provided in paragraphs (e) and (f) of
100 hours of line operating flight time, this section.
a pilot serves as a pilot in another air- [Doc. No. 9509, 35 FR 95, Jan. 3, 1970, as
plane type operated by the certificate amended by Amdt. 121–74, 36 FR 12284, June
holder, the pilot may not serve as a 30, 1971; Amdt. 121–91, 37 FR 10729, May 27,
pilot in the airplane for which the pilot 1972; Amdt. 121–140, 43 FR 9599, Mar. 9, 1978;
has newly qualified unless the pilot Amdt. 121–144, 43 FR 22647, May 25, 1978;
Amdt. 121–159, 45 FR 41593, June 19, 1980;
satifactorily completes refresher train-
Amdt. 121–248, 60 FR 20870, Apr. 27, 1995;
ing as provided in the certificate hold- Amdt. 121–366, 78 FR 67840, Nov. 12, 2013]
er’s approved training program and
that training is conducted by an appro- § 121.435 [Reserved]
priately qualified instructor or check
pilot. § 121.436 Pilot Qualification: Certifi-
(4) If the required 100 hours of line cates and experience requirements.
operating flight time are not com- (a) No certificate holder may use nor
pleted within 120 days, the certificate may any pilot act as pilot in command
holder may extend the 120-day period of an aircraft (or as second in command
to no more than 150 days if— of an aircraft in a flag or supplemental
(i) The pilot continues to meet all operation that requires three or more
other applicable requirements of sub- pilots) unless the pilot:
part O of this part; and (1) Holds an airline transport pilot
(ii) On or before the 120th day the certificate not subject to the limita-
pilot satisfactorily completes refresher tions in § 61.167 of this chapter;
training conducted by an appropriately (2) Holds an appropriate aircraft type
qualified instructor or check pilot as rating for the aircraft being flown; and
provided in the certificate holder’s ap- (3) If serving as pilot in command in
proved training program, or a check part 121 operations, has 1,000 hours as
pilot determines that the pilot has re- second in command in operations under
tained an adequate level of proficiency this part, pilot in command in oper-
after observing that pilot in a super- ations under § 91.1053(a)(2)(i) of this
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vised line operating flight. chapter, pilot in command in oper-


(5) The Administrator, upon applica- ations under § 135.243(a)(1) of this chap-
tion by the certificate holder, may au- ter, or any combination thereof. For

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Federal Aviation Administration, DOT § 121.439

those pilots who are employed as pilot tions that may adversely affect air-
in command in part 121 operations on plane performance.
July 31, 2013, compliance with the re- (iv) The braking action on the run-
quirements of this paragraph (a)(3) is way to be used is reported to be less
not required. than ‘‘good’’.
(b) No certificate holder may use nor (v) The crosswind component for the
may any pilot act as second in com- runway to be used is in excess of 15
mand unless the pilot holds an airline knots.
transport pilot certificate and an ap- (vi) Windshear is reported in the vi-
propriate aircraft type rating for the cinity of the airport.
aircraft being flown. A second-in-com- (vii) Any other condition in which
mand type rating obtained under § 61.55 the PIC determines it to be prudent to
does not satisfy the requirements of exercise the PIC’s prerogative.
this section. (b) No person may conduct oper-
(c) For the purpose of satisfying the ations under this part unless, for that
flight hour requirement in paragraph type airplane, either the pilot in com-
(a)(3) of this section, a pilot may credit mand or the second in command has at
500 hours of military flight time ob- least 75 hours of line operating flight
tained as pilot in command of a multi- time, either as pilot in command or
engine turbine-powered, fixed-wing air- second in command. The Administrator
plane in an operation requiring more may, upon application by the certifi-
than one pilot. cate holder, authorize deviations from
(d) Compliance with the require- the requirements of this paragraph (b)
ments of this section is required by Au- by an appropriate amendment to the
gust 1, 2013. However, for those pilots operations specifications in any of the
who are employed as second in com- following circumstances:
mand in part 121 operations on July 31, (1) A newly certificated certificate
2013, compliance with the type rating holder does not employ any pilots who
requirement in paragraph (b) of this meet the minimum requirements of
section is not required until January 1, this paragraph.
2016. (2) An existing certificate holder adds
to its fleet a type airplane not before
[Doc. No. FAA–2010–0100, 78 FR 42378, July 15, proven for use in its operations.
2013, as amended by Amdt. 121–365A, 78 FR (3) An existing certificate holder es-
77574, Dec. 24, 2013]
tablishes a new domicile to which it as-
§ 121.438 Pilot operating limitations signs pilots who will be required to be-
and pairing requirements. come qualified on the airplanes oper-
ated from that domicile.
(a) If the second in command has
fewer than 100 hours of flight time as [Doc. No. 27210, 60 FR 20870, Apr. 27, 1995]
second in command in operations under
this part in the type airplane being § 121.439 Pilot qualification: Recent
flown, and the pilot in command is not experience.
an appropriately qualified check pilot, (a) No certificate holder may use any
the pilot in command must make all person nor may any person serve as a
takeoffs and landings in the following required pilot flight crewmember, un-
situations: less within the preceding 90 days, that
(1) At special airports designated by person has made at least three takeoffs
the Administrator or at special air- and landings in the type airplane in
ports designated by the certificate which that person is to serve. The
holder; and takeoffs and landings required by this
(2) In any of the following conditions: paragraph may be performed in a vis-
(i) The prevailing visibility value in ual simulator approved under § 121.407
the latest weather report for the air- to include takeoff and landing maneu-
port is at or below 3⁄4 mile. vers. In addition, any person who fails
(ii) The runway visual range for the to make the three required takeoffs
runway to be used is at or below 4,000 and landings within any consecutive
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feet. 90-day period must reestablish recency


(iii) The runway to be used has of experience as provided in paragraph
water, snow, slush or similar condi- (b) of this section.

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§ 121.440 14 CFR Ch. I (1–1–16 Edition)

(b) In addition to meeting all applica- perform flight duty in operations under
ble training and checking requirements this part and may require any addi-
of this part, a required pilot flight tional maneuvers that are determined
crewmember who has not met the re- necessary to make this certifying
quirements of paragraph (a) of this sec- statement.
tion must reestablish recency of expe- (f) Deviation authority based upon
rience as follows: designation of related aircraft in ac-
(1) Under the supervision of a check cordance with § 121.418(b).
airman, make at least three takeoffs (1) The Administrator may authorize
and landings in the type airplane in a deviation from the requirements of
which that person is to serve or in an paragraph (a) of this section based
advanced simulator or visual simu- upon a designation of related aircraft
lator. When a visual simulator is used, in accordance with § 121.418(b) of this
the requirements of paragraph (c) of part and a determination that the cer-
this section must be met. tificate holder can demonstrate an
(2) The takeoffs and landings re- equivalent level of safety.
quired in paragraph (b)(1) of this sec- (2) A request for deviation from para-
tion must include— graph (a) of this section must be sub-
(i) At least one takeoff with a simu- mitted to the Administrator. The re-
lated failure of the most critical pow- quest must include the following:
erplant; (i) Identification of aircraft operated
(ii) At least one landing from an ILS by the certificate holder designated as
approach to the lowest ILS minimum related aircraft.
authorized for the certificate holder; (ii) The number of takeoffs, landings,
and maneuvers, and procedures necessary
(iii) At least one landing to a full to maintain or reestablish recency
stop. based on review of the related aircraft,
(c) A required pilot flight crew- the operation, and the duty position.
member who performs the manuvers (3) The administrator may, at any
prescribed in paragraph (b) of this sec- time, terminate a grant of deviation
tion in a visual simulator must— authority issued under this paragraph
(1) Have previously logged 100 hours (f).
of flight time in the same type airplane
in which he is to serve; [Doc. No. 16383, 43 FR 22648, May 25, 1978, as
(2) Be observed on the first two land- amended by Amdt. 121–148, 43 FR 46235, Oct.
ings made in operations under this part 5, 1978; Amdt. 121–179, 47 FR 33390, Aug. 2,
1982; Amdt. 121–366, 78 FR 67841, Nov. 12, 2013]
by an approved check airman who acts
as pilot in command and occupies a § 121.440 Line checks.
pilot seat. The landings must be made
in weather minimums that are not less (a) No certificate holder may use any
than those contained in the certificate person nor may any person serve as
holder’s operations specifications for pilot in command of an airplane unless,
Category I Operations, and must be within the preceding 12 calendar
made within 45 days following comple- months, that person has passed a line
tion of simulator training. check in which he satisfactorily per-
(d) When using a simulator to accom- forms the duties and responsibilities of
plish any of the requirements of para- a pilot in command in one of the types
graph (a) or (b) of this section, each re- of airplanes he is to fly.
quired flight crewmember position (b) A pilot in command line check for
must be occupied by an appropriately domestic and flag operations must—
qualified person and the simulator (1) Be given by a pilot check airman
must be operated as if in a normal in- who is currently qualified on both the
flight environment without use of the route and the airplane; and
repositioning features of the simulator. (2) Consist of at least one flight over
(e) A check airman who observes the a typical part of the certificate hold-
takeoffs and landings prescribed in er’s route, or over a foreign or Federal
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paragraphs (b)(1) and (c) of this section airway, or over a direct route.
shall certify that the person being ob- (c) A pilot in command line check for
served is proficient and qualified to supplemental operations must—

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Federal Aviation Administration, DOT § 121.441

(1) Be given by a pilot check airman be used in the conduct of a proficiency


who is currently qualified on the air- check as provided in appendix F to this
plane; and part.
(2) Consist of at least one flight over (d) A person giving a proficiency
a part of a Federal airway, foreign air- check may, in his discretion, waive any
way, or advisory route over which the of the maneuvers or procedures for
pilot may be assigned. which a specific waiver authority is set
[Doc. No. 9509, 35 FR 96, Jan. 3, 1970, as forth in appendix F to this part if—
amended by Amdt. 121–143, 43 FR 22642, May (1) The Administrator has not specifi-
25, 1978; Amdt. 121–253, 61 FR 2612, Jan. 26, cally required the particular maneuver
1996; Amdt. 121–344, 74 FR 34235, July 15, 2009; or procedure to be performed;
Amdt. 121–359, 77 FR 34785, June 12, 2012] (2) The pilot being checked is, at the
time of the check, employed by a cer-
§ 121.441 Proficiency checks.
tificate holder as a pilot; and
(a) No certificate holder may use any (3) The pilot being checked is cur-
person nor may any person serve as a rently qualified for operations under
required pilot flight crewmember un- this part in the particular type air-
less that person has satisfactorily com- plane and flight crewmember position
pleted either a proficiency check, or an or has, within the preceding six cal-
approved simulator course of training endar months, satisfactorily completed
under § 121.409, as follows: an approved training program for the
(1) For a pilot in command— particular type airplane.
(i) Before March 12, 2019, (e) If the pilot being checked fails
(A) A proficiency check within the any of the required maneuvers, the per-
preceding 12 calendar months and, son giving the proficiency check may
(B) In addition, within the preceding give additional training to the pilot
6 calendar months, either a proficiency during the course of the proficiency
check or the approved simulator course check. In addition to repeating the ma-
of training. neuvers failed, the person giving the
(ii) Beginning on March 12, 2019,
proficiency check may require the
(A) A proficiency check within the
pilot being checked to repeat any other
preceding 12 calendar months in the
maneuvers he finds are necessary to de-
aircraft type in which the person is to
termine the pilot’s proficiency. If the
serve and,
pilot being checked is unable to dem-
(B) In addition, within the preceding
onstrate satisfactory performance to
6 calendar months, either a proficiency
the person conducting the check, the
check or the approved simulator course
certificate holder may not use him nor
of training.
may he serve in operations under this
(2) For all other pilots—
part until he has satisfactorily com-
(i) Within the preceding 24 calendar
pleted a proficiency check.
months either a proficiency check or
the line-oriented simulator training However, the entire proficiency check
course under § 121.409; and (other than the initial second-in-com-
(ii) Within the preceding 12 calendar mand proficiency check) required by
months, either a proficiency check or this section may be conducted in an ap-
any simulator training course under proved visual simulator if the pilot
§ 121.409. being checked accomplishes at least
(b) Except as provided in paragraphs two landings in the appropriate air-
(c) and (d) of this section, a proficiency plane during a line check or other
check must meet the following require- check conducted by a pilot check air-
ments: man (a pilot-in-command may observe
(1) It must include at least the proce- and certify the satisfactory accom-
dures and maneuvers set forth in ap- plishment of these landings by a sec-
pendix F to this part unless otherwise ond-in-command). If a pilot proficiency
specifically provided in that appendix. check is conducted in accordance with
(2) It must be given by the Adminis- this paragraph, the next required pro-
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trator or a pilot check airman. ficiency check for that pilot must be
(c) An approved airplane simulator or conducted in the same manner, or in
other appropriate training device may accordance with appendix F of this

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§ 121.443 14 CFR Ch. I (1–1–16 Edition)

part, or a course of training in an air- (b) No certificate holder may use any
plane visual simulator under § 121.409 person, nor may any person serve, as
may be substituted therefor. pilot in command unless the certificate
(f) Deviation authority based upon holder has provided that person cur-
designation of related aircraft in ac- rent information concerning the fol-
cordance with § 121.418(b) of this part. lowing subjects pertinent to the areas
(1) The Administrator may authorize over which that person is to serve, and
a deviation from the proficiency check to each airport and terminal area into
requirements of paragraphs (a) and which that person is to operate, and
(b)(1) of this section based upon a des- ensures that that person has adequate
ignation of related aircraft in accord- knowledge of, and the ability to use,
ance with § 121.418(b) of this part and a the information:
determination that the certificate (1) Weather characteristics appro-
holder can demonstrate an equivalent priate to the season.
level of safety. (2) Navigation facilities.
(2) A request for deviation from para- (3) Communication procedures, in-
graphs (a) and (b)(1) of this section cluding airport visual aids.
must be submitted to the Adminis-
(4) Kinds of terrain and obstructions.
trator. The request must include the
following: (5) Minimum safe flight levels.
(i) Identification of aircraft operated (6) En route and terminal area ar-
by the certificate holder designated as rival and departure procedures, holding
related aircraft. procedures and authorized instrument
(ii) For recurrent proficiency checks, approach procedures for the airports
the frequency of the related aircraft involved.
proficiency check and the maneuvers (7) Congested areas and physical lay-
and procedures to be included in the re- out of each airport in the terminal area
lated aircraft proficiency check based in which the pilot will operate.
on review of the related aircraft, the (8) Notices to Airmen.
operation, and the duty position. [Doc. No. 17897, 45 FR 41594, June 19, 1980;
(iii) For qualification proficiency Amdt. 121–159, 45 FR 43154, June 26, 1980]
checks, the maneuvers and procedures
to be included in the related aircraft § 121.445 Pilot in command airport
proficiency check based on review of qualification: Special areas and air-
the related aircraft, the operation, and ports.
the duty position. (a) The Administrator may deter-
(3) The administrator may, at any mine that certain airports (due to
time, terminate a grant of deviation items such as surrounding terrain, ob-
authority issued under this paragraph structions, or complex approach or de-
(f).
parture procedures) are special airports
[Doc. No. 9509, 35 FR 96, Jan. 3, 1970, as requiring special airport qualifications
amended by Amdt. 121–103, 38 FR 12203, May and that certain areas or routes, or
10, 1973, Amdt. 121–108, 38 FR 35446, Dec. 28, both, require a special type of naviga-
1973; Amdt. 121–144, 43 FR 22648, May 25, 1978;
tion qualification.
Amdt. 121–263, 62 FR 13791, Mar. 21, 1997;
Amdt. 121–366, 78 FR 67841, Nov. 12, 2013] (b) Except as provided in paragraph
(c) of this section, no certificate holder
§ 121.443 Pilot in command qualifica- may use any person, nor may any per-
tion: Route and airports. son serve, as pilot in command to or
(a) Each certificate holder shall pro- from an airport determined to require
vide a system acceptable to the Admin- special airport qualifications unless,
istrator for disseminating the informa- within the preceding 12 calendar
tion required by paragraph (b) of this months:
section to the pilot in command and (1) The pilot in command or second in
appropriate flight operation personnel. command has made an entry to that
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The system must also provide an ac- airport (including a takeoff and land-
ceptable means for showing compliance ing) while serving as a pilot flight
with § 121.445. crewmember; or

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Federal Aviation Administration, DOT § 121.463

(2) The pilot in command has quali- §§ 121.455–121.459 [Reserved]


fied by using pictorial means accept-
able to the Administrator for that air- Subpart P—Aircraft Dispatcher
port.
Qualifications and Duty Time
(c) Paragraph (b) of this section does
not apply when an entry to that air- Limitations: DOMESTIC AND FLAG OPER-
port (including a takeoff or a landing) ATIONS; FLIGHT ATTENDANT DUTY PE-
is being made if the ceiling at that air- RIOD LIMITATIONS AND REST REQUIRE-
port is at least 1,000 feet above the low- MENTS: DOMESTIC, FLAG, AND SUPPLE-
est MEA or MOCA, or initial approach MENTAL OPERATIONS
altitude prescribed for the instrument
approach procedure for that airport, § 121.461 Applicability.
and the visibility at that airport is at This subpart prescribes—
least 3 miles. (a) Qualifications and duty time limi-
(d) No certificate holder may use any tations for aircraft dispatchers for cer-
person, nor may any person serve, as tificate holders conducting domestic
pilot in command between terminals flag operations; and
over a route or area that requires a (b) Duty period limitations and rest
special type of navigation qualification requirements for flight attendants used
unless, within the preceding 12 cal- by certificate holders conducting do-
endar months, that person has dem- mestic, flag, or supplemental oper-
onstrated qualification on the applica- ations.
ble navigation system in a manner ac-
ceptable to the Administrator, by one [Doc. No. 28154, 61 FR 2612, Jan. 26, 1996]
of the following methods:
(1) By flying over a route or area as § 121.463 Aircraft dispatcher qualifica-
tions.
pilot in command using the applicable
special type of navigation system. (a) No certificate holder conducting
(2) By flying over a route or area as domestic or flag operations may use
pilot in command under the super- any person, nor may any person serve,
vision of a check airman using the spe- as an aircraft dispatcher for a par-
cial type of navigation system. ticular airplane group unless that per-
(3) By completing the training pro- son has, with respect to an airplane of
gram requirements of appendix G of that group, satisfactorily completed
this part. the following:
(1) Initial dispatcher training, except
[Doc. No. 17897, 45 FR 41594, June 19, 1980] that a person who has satisfactorily
completed such training for another
§ 121.447 [Reserved]
type airplane of the same group need
§ 121.453 Flight engineer qualifica- only complete the appropriate transi-
tions. tion training.
(2) Operating familiarization con-
(a) No certificate holder may use any
sisting of at least 5 hours observing op-
person nor may any person serve as a
erations under this part from the flight
flight engineer on an airplane unless,
deck or, for airplanes without an ob-
within the preceding 6 calendar
server seat on the flight deck, from a
months, he has had at least 50 hours of
forward passenger seat with headset or
flight time as a flight engineer on that
speaker. This requirement may be re-
type airplane or the certificate holder
duced to a minimum of 21⁄2 hours by the
or the Administrator has checked him
substitution of one additional takeoff
on that type airplane and determined
and landing for an hour of flight. A per-
that he is familiar and competent with
son may serve as an aircraft dispatcher
all essential current information and
without meeting the requirement of
operating procedures.
this paragraph (a) for 90 days after ini-
(b) A flight check given in accord-
tial introduction of the airplane into
ance with § 121.425(a)(2) satisfies the re-
operations under this part.
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quirements of paragraph (a) of this sec-


(b) No certificate holder conducting
tion.
domestic or flag operations may use
[Doc. No. 9509, 35 FR 96, Jan. 3, 1970] any person, nor may any person serve,

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§ 121.465 14 CFR Ch. I (1–1–16 Edition)

as an aircraft dispatcher for a par- § 121.465 Aircraft dispatcher duty time


ticular type airplane unless that per- limitations: Domestic and flag oper-
son has, with respect to that airplane, ations.
satisfactorily completed differences (a) Each certificate holder con-
training, if applicable. ducting domestic or flag operations
(c) No certificate holder conducting shall establish the daily duty period for
domestic or flag operations may use a dispatcher so that it begins at a time
any person, nor may any person serve, that allows him or her to become thor-
as an aircraft dispatcher unless within oughly familiar with existing and an-
the preceding 12 calendar months the ticipated weather conditions along the
aircraft dispatcher has satisfactorily route before he or she dispatches any
completed operating familiarization airplane. He or she shall remain on
consisting of at least 5 hours observing duty until each airplane dispatched by
operations under this part, in one of him or her has completed its flight, or
has gone beyond his or her jurisdiction,
the types of airplanes in each group to
or until he or she is relieved by another
be dispatched. This observation shall
qualified dispatcher.
be made from the flight deck or, for (b) Except in cases where cir-
airplanes without an observer seat on cumstances or emergency conditions
the flight deck, from a forward pas- beyond the control of the certificate
senger seat with headset or speaker. holder require otherwise—
The requirement of paragraph (a) of (1) No certificate holder conducting
this section may be reduced to a min- domestic or flag operations may sched-
imum of 21⁄2 hours by the substitution ule a dispatcher for more than 10 con-
of one additional takeoff and landing secutive hours of duty;
for an hour of flight. The requirement (2) If a dispatcher is scheduled for
of this paragraph may be satisfied by more than 10 hours of duty in 24 con-
observation of 5 hours of simulator secutive hours, the certificate holder
training for each airplane group in one shall provide him or her a rest period
of the simulators approved under of at least eight hours at or before the
§ 121.407 for the group. However, if the end of 10 hours of duty.
requirement of paragraph (a) is met by (3) Each dispatcher must be relieved
the use of a simulator, no reduction in of all duty with the certificate holder
hours is permitted. for at least 24 consecutive hours during
(d) No certificate holder conducting any seven consecutive days or the
domestic or flag operations may use equivalent thereof within any calendar
any person, nor may any person serve month.
as an aircraft dispatcher to dispatch (c) Notwithstanding paragraphs (a)
airplanes in operations under this part and (b) of this section, a certificate
unless the certificate holder has deter- holder conducting flag operations may,
mined that he is familiar with all es- if authorized by the Administrator,
sential operating procedures for that schedule an aircraft dispatcher at a
segment of the operation over which he duty station outside of the 48 contig-
uous States and the District of Colum-
exercises dispatch jurisdiction. How-
bia, for more than 10 consecutive hours
ever, a dispatcher who is qualified to
of duty in a 24-hour period if that air-
dispatch airplanes through one seg-
craft dispatcher is relieved of all duty
ment of an operation may dispatch air-
with the certificate holder for at least
planes through other segments of the
eight hours during each 24-hour period.
operation after coordinating with dis-
patchers who are qualified to dispatch [Doc. No. 28154, 61 FR 2612, Jan. 26, 1996]
airplanes through those other seg-
§ 121.467 Flight attendant duty period
ments. limitations and rest requirements:
(e) For the purposes of this section, Domestic, flag, and supplemental
the airplane groups, terms, and defini- operations.
tions in § 121.400 apply. (a) For purposes of this section—
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[Doc. No. 7325, 37 FR 5607, Mar. 17, 1972, as Calendar day means the period of
amended by Amdt. 121–251, 60 FR 65934, Dec. elapsed time, using Coordinated Uni-
20, 1995] versal Time or local time, that begins

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Federal Aviation Administration, DOT § 121.467

at midnight and ends 24 hours later at hours if the flight attendant is pro-
the next midnight. vided a subsequent rest period of at
Duty period means the period of least 10 consecutive hours; this subse-
elapsed time between reporting for an quent rest period must be scheduled to
assignment involving flight time and begin no later than 24 hours after the
release from that assignment by the beginning of the reduced rest period
certificate holder conducting domestic, and must occur between the comple-
flag, or supplemental operations. The tion of the scheduled duty period and
time is calculated using either Coordi- the commencement of the subsequent
nated Universal Time or local time to duty period.
reflect the total elapsed time. (4) A certificate holder conducting
Flight attendant means an individual, domestic, flag, or supplemental oper-
other than a flight crewmember, who is ations may assign a flight attendant to
assigned by a certificate holder con- a scheduled duty period of more than 14
ducting domestic, flag, or supple- hours, but no more than 16 hours, if the
mental operations, in accordance with certificate holder has assigned to the
the required minimum crew com- flight or flights in that duty period at
plement under the certificate holder’s least one flight attendant in addition
operations specifications or in addition to the minimum flight attendant com-
to that minimum complement, to duty plement required for the flight or
in an aircraft during flight time and flights in that duty period under the
whose duties include but are not nec- certificate holder’s operations speci-
essarily limited to cabin-safety-related fications.
responsibilities. (5) A certificate holder conducting
Rest period means the period free of domestic, flag, or supplemental oper-
all restraint or duty for a certificate ations may assign a flight attendant to
holder conducting domestic, flag, or a scheduled duty period of more than 16
supplemental operations and free of all hours, but no more than 18 hours, if the
responsibility for work or duty should certificate holder has assigned to the
the occasion arise. flight or flights in that duty period at
(b) Except as provided in paragraph least two flight attendants in addition
(c) of this section, a certificate holder to the minimum flight attendant com-
conducting domestic, flag, or supple- plement required for the flight or
mental operations may assign a duty flights in that duty period under the
period to a flight attendant only when certificate holder’s operations speci-
the applicable duty period limitations fications.
and rest requirements of this para- (6) A certificate holder conducting
graph are met. domestic, flag, or supplemental oper-
(1) Except as provided in paragraphs ations may assign a flight attendant to
(b)(4), (b)(5), and (b)(6) of this section, a scheduled duty period of more than 18
no certificate holder conducting do- hours, but no more than 20 hours, if the
mestic, flag, or supplemental oper- scheduled duty period includes one or
ations may assign a flight attendant to more flights that land or take off out-
a scheduled duty period of more than 14 side the 48 contiguous states and the
hours. District of Columbia, and if the certifi-
(2) Except as provided in paragraph cate holder has assigned to the flight
(b)(3) of this section, a flight attendant or flights in that duty period at least
scheduled to a duty period of 14 hours three flight attendants in addition to
or less as provided under paragraph the minimum flight attendant com-
(b)(1) of this section must be given a plement required for the flight or
scheduled rest period of at least 9 con- flights in that duty period under the
secutive hours. This rest period must domestic certificate holder’s oper-
occur between the completion of the ations specifications.
scheduled duty period and the com- (7) Except as provided in paragraph
mencement of the subsequent duty pe- (b)(8) of this section, a flight attendant
riod. scheduled to a duty period of more
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(3) The rest period required under than 14 hours but no more than 20
paragraph (b)(2) of this section may be hours, as provided in paragraphs (b)(4),
scheduled or reduced to 8 consecutive (b)(5), and (b)(6) of this section, must be

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§ 121.467 14 CFR Ch. I (1–1–16 Edition)

given a scheduled rest period of at least flight attendant engaged in air trans-
12 consecutive hours. This rest period portation and each commercial oper-
must occur between the completion of ator must relieve each flight attendant
the scheduled duty period and the com- engaged in air commerce from all fur-
mencement of the subsequent duty pe- ther duty for at least 24 consecutive
riod. hours during any 7 consecutive cal-
(8) The rest period required under endar days.
paragraph (b)(7) of this section may be (14) A flight attendant is not consid-
scheduled or reduced to 10 consecutive ered to be scheduled for duty in excess
hours if the flight attendant is pro- of duty period limitations if the flights
vided a subsequent rest period of at to which the flight attendant is as-
least 14 consecutive hours; this subse- signed are scheduled and normally ter-
quent rest period must be scheduled to minate within the limitations but due
begin no later than 24 hours after the to circumstances beyond the control of
beginning of the reduced rest period the certificate holder conducting do-
and must occur between the comple- mestic, flag, or supplemental oper-
tion of the scheduled duty period and ations (such as adverse weather condi-
the commencement of the subsequent tions) are not at the time of departure
duty period. expected to reach their destination
(9) Notwithstanding paragraphs within the scheduled time.
(b)(4), (b)(5), and (b)(6) of this section, if (c) Notwithstanding paragraph (b) of
a certificate holder conducting domes- this section, a certificate holder con-
tic, flag, or supplemental operations ducting domestic, flag, or supple-
elects to reduce the rest period to 10 mental operations may apply the
hours as authorized by paragraph (b)(8) flightcrew member flight time and
of this section, the certificate holder duty limitations and rest requirements
may not schedule a flight attendant for of part 117 of this chapter to flight at-
a duty period of more than 14 hours tendants for all operations conducted
during the 24-hour period commencing under this part provided that—
after the beginning of the reduced rest (1) The certificate holder establishes
period. written procedures that—
(10) No certificate holder conducting (i) Apply to all flight attendants used
domestic, flag, or supplemental oper- in the certificate holder’s operation;
ations may assign a flight attendant (ii) Include the flightcrew member
any duty period with the certificate requirements contained in part 117, as
holder unless the flight attendant has appropriate to the operation being con-
had at least the minimum rest required ducted, except that rest facilities on
under this section. board the aircraft are not required;
(11) No certificate holder conducting (iii) Include provisions to add one
domestic, flag, or supplemental oper- flight attendant to the minimum flight
ations may assign a flight attendant to attendant complement for each
perform any duty with the certificate flightcrew member who is in excess of
holder during any required rest period. the minimum number required in the
(12) Time spent in transportation, aircraft type certificate data sheet and
not local in character, that a certifi- who is assigned to the aircraft under
cate holder conducting domestic, flag, the provisions of part 117, as applica-
or supplemental operations requires of ble, of this part;
a flight attendant and provides to (iv) Are approved by the Adminis-
transport the flight attendant to an trator and are described or referenced
airport at which that flight attendant in the certificate holder’s operations
is to serve on a flight as a crew- specifications; and
member, or from an airport at which (2) Whenever the Administrator finds
the flight attendant was relieved from that revisions are necessary for the
duty to return to the flight attendant’s continued adequacy of the written pro-
home station, is not considered part of cedures that are required by paragraph
a rest period. (c)(1) of this section and that had been
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(13) Each certificate holder con- granted final approval, the certificate
ducting domestic, flag, or supple- holder must, after notification by the
mental operations must relieve each Administrator, make any changes in

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Federal Aviation Administration, DOT § 121.471

the procedures that are found nec- (2) All-cargo operations not con-
essary by the Administrator. Within 30 ducted under contract to a U.S. Gov-
days after the certificate holder re- ernment agency,
ceives such notice, it may file a peti- (3) A certificate holder may elect to
tion to reconsider the notice with the treat operations in paragraphs (c)(1)
certificate-holding district office. The and (c)(2) of this section differently
filing of a petition to reconsider stays but, once having decided to conduct
the notice, pending decision by the Ad- those operations under part 117, may
ministrator. However, if the Adminis- not segregate those operations between
trator finds that an emergency re- this subpart and part 117.
quires immediate action in the interest [Doc. No. FAA–2009–1093, 77 FR 402, Jan. 4,
of safety, the Administrator may, upon 2012; Amdt. 121–357, 78 FR 69288, Nov. 19, 2013]
a statement of the reasons, require a
change effective without stay. § 121.471 Flight time limitations and
rest requirements: All flight crew-
[Amdt. 121–241, 59 FR 42991, Aug. 19, 1994, as members.
amended by Amdt. 121–253, 61 FR 2612, Jan.
26, 1996; Amdt. 121–357, 77 FR 402, Jan. 4, 2012; (a) No certificate holder conducting
Amdt. 121–357A, 77 FR 28764, May 16, 2012] domestic operations may schedule any
flight crewmember and no flight crew-
member may accept an assignment for
Subpart Q—Flight Time Limitations flight time in scheduled air transpor-
and Rest Requirements: Do- tation or in other commercial flying if
mestic Operations that crewmember’s total flight time in
all commercial flying will exceed—
SOURCE: Docket No. 23634, 50 FR 29319, July (1) 1,000 hours in any calendar year;
18, 1985, unless otherwise noted. (2) 100 hours in any calendar month;
(3) 30 hours in any 7 consecutive days;
§ 121.470 Applicability. (4) 8 hours between required rest peri-
This subpart prescribes flight time ods.
limitations and rest requirements for (b) Except as provided in paragraph
domestic all-cargo operations, except (c) of this section, no certificate holder
that: conducting domestic operations may
schedule a flight crewmember and no
(a) Certificate holders conducting op-
flight crewmember may accept an as-
erations with airplanes having a pas-
signment for flight time during the 24
senger seat configuration of 30 seats or
consecutive hours preceding the sched-
fewer, excluding each crewmember
uled completion of any flight segment
seat, and a payload capacity of 7,500
without a scheduled rest period during
pounds or less, may comply with the that 24 hours of at least the following:
applicable requirements of §§ 135.261 (1) 9 consecutive hours of rest for less
through 135.273 of this chapter. than 8 hours of scheduled flight time.
(b) Certificate holders conducting (2) 10 consecutive hours of rest for 8
scheduled operations entirely within or more but less than 9 hours of sched-
the States of Alaska or Hawaii with uled flight time.
airplanes having a passenger seat con- (3) 11 consecutive hours of rest for 9
figuration of more than 30 seats, ex- or more hours of scheduled flight time.
cluding each crewmember seat, or a (c) A certificate holder may schedule
payload capacity of more than 7,500 a flight crewmember for less than the
pounds, may comply with the require- rest required in paragraph (b) of this
ments of this subpart or subpart R of section or may reduce a scheduled rest
this part for those operations. under the following conditions:
(c) A certificate holder may apply (1) A rest required under paragraph
the flightcrew member flight time and (b)(1) of this section may be scheduled
duty limitations and requirements of for or reduced to a minimum of 8 hours
part 117 of this chapter. A certificate if the flight crewmember is given a rest
holder may choose to apply part 117 to period of at least 10 hours that must
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its— begin no later than 24 hours after the


(1) Cargo operations conducted under commencement of the reduced rest pe-
contract to a U.S. government agency. riod.

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§ 121.473 14 CFR Ch. I (1–1–16 Edition)

(2) A rest required under paragraph their destination within the scheduled
(b)(2) of this section may be scheduled time.
for or reduced to a minimum of 8 hours [Doc. No. 23634, 50 FR 29319, July 18, 1985, as
if the flight crewmember is given a rest amended by Amdt. 121–253, 61 FR 2612, Jan.
period of at least 11 hours that must 26, 1996]
begin no later than 24 hours after the
commencement of the reduced rest pe- § 121.473 Fatigue risk management
riod. system.
(3) A rest required under paragraph (a) No certificate holder may exceed
(b)(3) of this section may be scheduled any provision of this subpart unless ap-
for or reduced to a minimum of 9 hours proved by the FAA under a Fatigue
if the flight crewmember is given a rest Risk Management System.
period of at least 12 hours that must (b) The Fatigue Risk Management
begin no later than 24 hours after the System must include:
commencement of the reduced rest pe- (1) A fatigue risk management pol-
riod. icy.
(4) No certificate holder may assign, (2) An education and awareness train-
nor may any flight crewmember per- ing program.
form any flight time with the certifi- (3) A fatigue reporting system.
cate holder unless the flight crew- (4) A system for monitoring
member has had at least the minimum flightcrew fatigue.
rest required under this paragraph. (5) An incident reporting process.
(d) Each certificate holder con- (6) A performance evaluation.
ducting domestic operations shall re- [Doc. No. FAA–2009–1093, 77 FR 403, Jan. 4,
lieve each flight crewmember engaged 2012]
in scheduled air transportation from
all further duty for at least 24 consecu- Subpart R—Flight Time Limitations:
tive hours during any 7 consecutive Flag Operations
days.
(e) No certificate holder conducting SOURCE: Docket No. 6258, 29 FR 19217, Dec.
domestic operations may assign any 31, 1964; 30 FR 3639, Mar. 19, 1965, unless oth-
flight crewmember and no flight crew- erwise noted.
member may accept assignment to any
duty with the air carrier during any re- § 121.480 Applicability.
quired rest period. This subpart prescribes flight time
(f) Time spent in transportation, not limitations and rest requirements for
local in character, that a certificate flag all-cargo operations, except that:
holder requires of a flight crewmember (a) Certificate holders conducting op-
and provides to transport the crew- erations with airplanes having a pas-
member to an airport at which he is to senger seat configuration of 30 seats or
serve on a flight as a crewmember, or fewer, excluding each crewmember
from an airport at which he was re- seat, and a payload capacity of 7,500
lieved from duty to return to his home pounds or less, may comply with the
station, is not considered part of a rest applicable requirements of §§ 135.261
period. through 135.273 of this chapter.
(g) A flight crewmember is not con- (b) A certificate holder may apply
sidered to be scheduled for flight time the flightcrew member flight time and
duty limitations and requirements of
in excess of flight time limitations if
part 117 of this chapter. A certificate
the flights to which he is assigned are
holder may choose to apply part 117 to
scheduled and normally terminate
its—
within the limitations, but due to cir-
(1) All-cargo operations conducted
cumstances beyond the control of the under contract to a U.S. government
certificate holder (such as adverse agency.
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weather conditions), are not at the (2) All-cargo operations not con-
time of departure expected to reach ducted under contract to a U.S. Gov-
ernment agency,

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Federal Aviation Administration, DOT § 121.485

(3) A certificate holder may elect to flight crewmember, for a total of more
treat operations in paragraphs (b)(1) than 12 hours during any 24 consecutive
and (b) (2) of this section differently hours.
but, once having decided to conduct (b) If a pilot has flown 20 or more
those operations under part 117, may hours during any 48 consecutive hours
not segregate those operations between or 24 or more hours during any 72 con-
this subpart and part 117. secutive hours, he must be given at
[Doc. No. FAA–2009–1093, 77 FR 403, Jan. 4, least 18 hours of rest before being as-
2012] signed to any duty with the air carrier.
In any case, he must be given at least
§ 121.481 Flight time limitations: One 24 consecutive hours of rest during any
or two pilot crews. seven consecutive days.
(a) A certificate holder conducting (c) No pilot may fly as a flight crew-
flag operations may schedule a pilot to member more than—
fly in an airplane that has a crew of (1) 120 hours during any 30 consecu-
one or two pilots for eight hours or less tive days;
during any 24 consecutive hours with- (2) 300 hours during any 90 consecu-
out a rest period during these eight tive days; or
hours. (3) 1,000 hours during any 12-calendar-
(b) If a certificate holder conducting month period.
flag operations schedules a pilot to fly
more than eight hours during any 24 [Doc. No. 6258, 29 FR 19217, Dec. 31, 1964; 30
consecutive hours, it shall give him an FR 3639, Mar. 19, 1965, as amended by Amdt.
intervening rest period, at or before 121–253, 61 FR 2612, Jan. 26, 1996]
the end of eight scheduled hours of
§ 121.485 Flight time limitations: Three
flight duty. This rest period must be at or more pilots and an additional
least twice the number of hours flown flight crewmember.
since the preceding rest period, but not
less than eight hours. The certificate (a) Each certificate holder con-
holder shall relieve that pilot of all ducting flag operations shall schedule
duty with it during that rest period. its flight hours to provide adequate
(c) Each pilot who has flown more rest periods on the ground for each
than eight hours during 24 consecutive pilot who is away from his base and
hours must be given at least 18 hours of who is a pilot on an airplane that has
rest before being assigned to any duty a crew of three or more pilots and an
with the certificate holder. additional flight crewmember. It shall
(d) No pilot may fly more than 32 also provide adequate sleeping quarters
hours during any seven consecutive on the airplane whenever a pilot is
days, and each pilot must be relieved scheduled to fly more than 12 hours
from all duty for at least 24 consecu- during any 24 consecutive hours.
tive hours at least once during any (b) The certificate holder conducting
seven consecutive days. flag operations shall give each pilot,
(e) No pilot may fly as a member of upon return to his base from any flight
a crew more than 100 hours during any or series of flights, a rest period that is
one calendar month. at least twice the total number of
(f) No pilot may fly as a member of a hours he flew since the last rest period
crew more than 1,000 hours during any at his base. During the rest period re-
12-calendar-month period. quired by this paragraph, the air car-
rier may not require him to perform
[Doc. No. 6258, 29 FR 19217, Dec. 31, 1964; 30
FR 3639, Mar. 19, 1965, as amended by Amdt.
any duty for it. If the required rest pe-
121–253, 61 FR 2612, Jan. 26, 1996] riod is more than seven days, that part
of the rest period in excess of seven
§ 121.483 Flight time limitations: Two days may be given at any time before
pilots and one additional flight the pilot is again scheduled for flight
crewmember. duty on any route.
(a) No certificate holder conducting (c) No pilot may fly as a flight crew-
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flag operations may schedule a pilot to member more than—


fly, in an airplane that has a crew of (1) 350 hours during any 90 consecu-
two pilots and at least one additional tive days; or

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§ 121.487 14 CFR Ch. I (1–1–16 Edition)

(2) 1,000 hours during any 12-calendar- or (d) of this section, are those set
month period. forth in § 121.483.
[Doc. No. 6258, 29 FR 19217, Dec. 31, 1964; 30 [Doc. No. 6258, 29 FR 19217, Dec. 31, 1964;
FR 3639, Mar. 19, 1965, as amended by Amdt. Amdt. 121–3, 30 FR 3639, Mar. 19, 1965, as
121–253, 61 FR 2612, Jan. 26, 1996] amended by Amdt. 121–137, 42 FR 43973, Sept.
1, 1977]
§ 121.487 Flight time limitations: Pilots
not regularly assigned. § 121.489 Flight time limitations: Other
commercial flying.
(a) Except as provided in paragraphs
No pilot that is employed as a pilot
(b) through (e) of this section, a pilot by a certificate holder conducting flag
who is not regularly assigned as a operations may do any other commer-
flight crewmember for an entire cal- cial flying if that commercial flying
endar month under § 121.483 or 121.485 plus his flying in air transportation
may not fly more than 100 hours in any will exceed any flight time limitation
30 consecutive days. in this part.
(b) The monthly flight time limita-
[Doc. No. 28154, 61 FR 2612, Jan. 26, 1996]
tions for a pilot who is scheduled for
duty aloft for more than 20 hours in § 121.491 Flight time limitations:
two-pilot crews in any calendar month, Deadhead transportation.
or whose assignment in such a crew is Time spent in deadhead transpor-
interrupted more than once in that cal- tation to or from duty assignment is
endar month by assignment to a crew not considered to be a part of a rest pe-
consisting of two or more pilots and an riod.
additional flight crewmember, are
those set forth in § 121.481. § 121.493 Flight time limitations:
(c) Except for a pilot covered by para- Flight engineers and flight naviga-
graph (b) of this section, the monthly tors.
and quarterly flight time limitations (a) In any operation in which one
for a pilot who is scheduled for duty flight engineer or flight navigator is
aloft for more than 20 hours in two- required, the flight time limitations in
pilot and additional flight crewmember § 121.483 apply to that flight engineer or
crews in any calendar month, or whose flight navigator.
assignment in such a crew is inter- (b) In any operation in which more
rupted more than once in that calendar than one flight engineer or flight navi-
month by assignment to a crew con- gator is required, the flight time limi-
sisting of three pilots and additional tations in § 121.485 apply to those flight
engineers or flight navigators.
flight crewmember, are those set forth
in § 121.483. § 121.495 Fatigue risk management
(d) The quarterly flight time limita- system.
tions for a pilot to whom paragraphs (a) No certificate holder may exceed
(b) and (c) of this section do not apply any provision of this subpart unless ap-
and who is scheduled for duty aloft for proved by the FAA under a Fatigue
a total of not more than 20 hours with- Risk Management System.
in any calendar month in two-pilot (b) The Fatigue Risk Management
crews (with or without additional System must include:
flight crewmembers) are those set forth (1) A fatigue risk management pol-
in § 121.485. icy.
(e) The monthly and quarterly flight (2) An education and awareness train-
time limitations for a pilot assigned to ing program.
each of two-pilot, two-pilot and addi- (3) A fatigue reporting system.
tional flight crewmember, and three- (4) A system for monitoring
pilot and additional flight crewmember flightcrew fatigue.
crews in a given calendar month, and (5) An incident reporting process.
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who is not subject to paragraph (b), (c), (6) A performance evaluation.


[Doc. No. FAA–2009–1093, 77 FR 403, Jan. 4,
2012]

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Federal Aviation Administration, DOT § 121.505

Subpart S—Flight Time Limitations: least 24 consecutive hours at least once


Supplemental Operations during any seven consecutive days.
(d) No pilot may fly as a crewmember
SOURCE: Docket No. 6258, 29 FR 19218, Dec.
in air transportation more than 100
31, 1964; 30 FR 3639, Mar. 19, 1965, unless oth- hours during any 30 consecutive days.
erwise noted. (e) No pilot may fly as a crewmember
in air transportation more than 1,000
§ 121.500 Applicability. hours during any calendar year.
This subpart prescribes flight time (f) Notwithstanding paragraph (a) of
limitations and rest requirements for this section, the certificate holder
supplemental all-cargo operations, ex- may, in conducting a transcontinental
cept that: nonstop flight, schedule a flight crew-
(a) Certificate holders conducting op- member for more than eight but not
erations with airplanes having a pas- more than 10 hours of continuous duty
senger seat configuration of 30 seats or aloft without an intervening rest pe-
fewer, excluding each crewmember riod, if—
seat, and a payload capacity of 7,500 (1) The flight is in an airplane with a
pound or less, may comply with the ap- pressurization system that is operative
plicable requirements of §§ 135.261 at the beginning of the flight;
through 135.273 of this chapter.
(2) The flight crew consists of at least
(b) A certificate holder may apply
two pilots and a flight engineer; and
the flightcrew member flight time and
duty limitations and requirements of (3) The certificate holder uses, in
part 117 of this chapter. A certificate conducting the operation, an air/
holder may choose to apply part 117 to ground communication service that is
its— independent of systems operated by the
(1) All-cargo operations conducted United States, and a dispatch organiza-
under contract to a U.S. Government tion, both of which are approved by the
agency. Administrator as adequate to serve the
(2) All-cargo operations not con- terminal points concerned.
ducted under contract to a U.S. Gov- [Doc. No. 6258, 29 FR 19218, Dec. 31, 1964; 30
ernment agency, FR 3639, Mar. 19, 1965, as amended by Amdt.
(3) A certificate holder may elect to 121–253, 61 FR 2613, Jan. 26, 1996]
treat operations in paragraphs (b)(1)
and (b)(2) of this section differently § 121.505 Flight time limitations: Two
but, once having decided to conduct pilot crews: airplanes.
those operations under part 117, may (a) If a certificate holder conducting
not segregate those operations between supplemental operations schedules a
this subpart and part 117.
pilot to fly more than eight hours dur-
[Doc. No. FAA–2009–1093, 77 FR 403, Jan. 4, ing any 24 consecutive hours, it shall
2012] give him an intervening rest period at
or before the end of eight scheduled
§ 121.503 Flight time limitations: Pi-
lots: airplanes. hours of flight duty. This rest period
must be at least twice the number of
(a) A certificate holder conducting hours flown since the preceding rest pe-
supplemental operations may schedule riod, but not less than eight hours. The
a pilot to fly in an airplane for eight certificate holder conducting supple-
hours or less during any 24 consecutive mental operations shall relieve that
hours without a rest period during pilot of all duty with it during that
those eight hours.
rest period.
(b) Each pilot who has flown more
(b) No pilot of an airplane that has a
than eight hours during any 24 con-
secutive hours must be given at least crew of two pilots may be on duty for
16 hours of rest before being assigned more than 16 hours during any 24 con-
to any duty with the certificate holder. secutive hours.
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(c) Each certificate holder con- [Doc. No. 6258, 29 FR 19218, Dec. 31, 1964; 30
ducting supplemental operations shall FR 3639, Mar. 19, 1965, as amended by Amdt.
relieve each pilot from all duty for at 121–253, 61 FR 2613, Jan. 26, 1996]

193

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§ 121.507 14 CFR Ch. I (1–1–16 Edition)

§ 121.507 Flight time limitations: Three mental operations may elect to comply
pilot crews: airplanes. with the flight time limitations of
(a) No certificate holder conducting §§ 121.515 and 121.521 through 121.525 for
supplemental operations may schedule operations conducted—
a pilot— (a) Between a place in the 48 contig-
(1) For flight deck duty in an air- uous States and the District of Colum-
plane that has a crew of three pilots for bia, or Alaska, and any place outside
more than eight hours in any 24 con- thereof;
secutive hours; or (b) Between any two places outside
(2) To be aloft in an airplane that has the 48 contiguous States, the District
a crew of three pilot for more than 12 of Columbia, and Alaska; or
hours in any 24 consecutive hours. (c) Between two places within the
(b) No pilot of an airplane that has a State of Alaska or the State of Hawaii.
crew of three pilots may be on duty for [Doc. No. 6258, 29 FR 19218, Dec. 31, 1964; 30
more than 18 hours in any 24 consecu- FR 3639, Mar. 19, 1965, as amended by Amdt.
tive hours. 121–253, 61 FR 2613, Jan. 26, 1996]
[Doc. No. 6258, 29 FR 19218, Dec. 31, 1964; 30 § 121.515 Flight time limitations: All
FR 3639, Mar. 19, 1965, as amended by Amdt. airmen: airplanes.
121–253, 61 FR 2613, Jan. 26, 1996]
No airman may be aloft as a flight
§ 121.509 Flight time limitations: Four crewmember more than 1,000 hours in
pilot crews: airplanes. any 12-calendar-month period.
(a) No certificate holder conducting § 121.517 Flight time limitations: Other
supplemental operations may schedule commercial flying: airplanes.
a pilot—
(1) For flight deck duty in an air- No airman who is employed by a cer-
plane that has a crew of four pilots for tificate holder conducting supple-
more than eight hours in any 24 con- mental operations may do any other
secutive hours; or commercial flying, if that commercial
(2) To be aloft in an airplane that has flying plus his flying in operations
a crew of four pilots for more than 16 under this part will exceed any flight
hours in any 24 consecutive hours. time limitation in this part.
(b) No pilot of an airplane that has a [Doc. No. 28154, 61 FR 2613, Jan. 26, 1996]
crew of four pilots may be on duty for
more than 20 hours in any 24 consecu- § 121.519 Flight time limitations:
tive hours. Deadhead transportation: airplanes.
[Doc. No. 6258, 29 FR 19218, Dec. 31, 1964; 30 Time spent by an airman in deadhead
FR 3639, Mar. 19, 1965, as amended by Amdt. transportation to or from a duty as-
121–253, 61 FR 2613, Jan. 26, 1996] signment is not considered to be part
of any rest period.
§ 121.511 Flight time limitations:
Flight engineers: airplanes. § 121.521 Flight time limitations: Crew
(a) In any operation in which one of two pilots and one additional air-
man as required.
flight engineer is serving the flight
time limitations in §§ 121.503 and 121.505 (a) No certificate holder conducting
apply to that flight engineer. supplemental operations may schedule
(b) In any operation in which more an airman to be aloft as a member of
than one flight engineer is serving and the flight crew in an airplane that has
the flight crew contains more than two a crew of two pilots and at least one
pilots the flight time limitations in additional flight crewmember for more
§ 121.509 apply in place of those in than 12 hours during any 24 consecutive
§ 121.505. hours.
(b) If an airman has been aloft as a
§ 121.513 Flight time limitations: Over- member of a flight crew for 20 or more
seas and international operations: hours during any 48 consecutive hours
airplanes. or 24 or more hours during any 72 con-
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In place of the flight time limita- secutive hours, he must be given at


tions in §§ 121.503 through 121.511, a cer- least 18 hours of rest before being as-
tificate holder conducting supple- signed to any duty with the certificate

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Federal Aviation Administration, DOT § 121.525

holder. In any case, he must be relieved tions, unless he is given at least 10


of all duty for at least 24 consecutive hours of rest on the ground before
hours during any seven consecutive being assigned to flight duty.
days. (e) Each certificate holder con-
(c) No airman may be aloft as a flight ducting supplemental operations shall
crewmember more than— give each airman, upon return to his
(1) 120 hours during any 30 consecu- operations base from any flight or se-
tive days; or ries of flights, a rest period that is at
(2) 300 hours during any 90 consecu- least twice the total number of hours
tive days. he was aloft as a flight crewmember
[Doc. No. 6258, 29 FR 19218, Dec. 31, 1964, as
since the last rest period at his base,
amended by Amdt. 121–17, 31 FR 1147, Jan. 28, before assigning him to any further
1966; Amdt. 121–253, 61 FR 2613, Jan. 26, 1996] duty. If the required rest period is
more than seven days, that part of the
§ 121.523 Flight time limitations: Crew rest period that is more than seven
of three or more pilots and addi- days may be given at any time before
tional airmen as required. the pilot is again scheduled for flight
(a) No certificate holder conducting duty.
supplemental operations may schedule (f) No airman may be aloft as a flight
an airman for flight deck duty as a crewmember for more than 350 hours in
flight engineer, or navigator in a crew any 90 consecutive days.
of three or more pilots and additional [Doc. No. 6258, 29 FR 19218, Dec. 31, 1964; 30
airmen for a total of more than 12 FR 3639, Mar. 19, 1965, as amended by Amdt.
hours during any 24 consecutive hours. 121–253, 61 FR 2613, Jan. 26, 1996]
(b) Each certificate holder con-
ducting supplemental operations shall § 121.525 Flight time limitations: Pilots
schedule its flight hours to provide serving in more than one kind of
adequate rest periods on the ground for flight crew.
each airman who is away from his prin- (a) This section applies to each pilot
cipal operations base. It shall also pro- assigned during any 30 consecutive
vide adequate sleeping quarters on the days to more than one type of flight
airplane whenever an airman is sched- crew.
uled to be aloft as a flight crewmember (b) The flight time limitations for a
for more than 12 hours during any 24 pilot who is scheduled for duty aloft for
consecutive hours. more than 20 hours in two-pilot crews
(c) No certificate holder conducting in 30 consecutive days, or whose assign-
supplemental operations may schedule ment in such a crew is interrupted
any flight crewmember to be on contin- more than once in any 30 consecutive
uous duty for more than 30 hours. Such days by assignment to a crew of two or
a crewmember is considered to be on more pilots and an additional flight
continuous duty from the time he re- crewmember, are those listed in
ports for duty until the time he is re- §§ 121.503 through 121.509, as appro-
leased from duty for a rest period of at priate.
least 10 hours on the ground. If a flight (c) Except for a pilot covered by para-
crewmember is on continuous duty for graph (b) of this section, the flight
more than 24 hours (whether scheduled time limitations for a pilot scheduled
or not) duty any scheduled duty period, for duty aloft for more than 20 hours in
he must be given at least 16 hours for two-pilot and additional flight crew-
rest on the ground after completing the member crews in 30 consecutive days or
last flight scheduled for that scheduled whose assignment in such a crew is in-
duty period before being assigned any terrupted more than once in any 30
further flight duty. consecutive days by assignment to a
(d) If a flight crewmember is required crew consisting of three pilots and an
to engage in deadhead transportation additional flight crewmember, are
for more than four hours before begin- those set forth in § 121.521.
ning flight duty, one half of the time (d) The flight time limitations for a
lpowell on DSK54DXVN1OFR with $$_JOB

spent in deadhead transportation must pilot to whom paragraphs (b) and (c) of
be treated as duty time for the purpose this section do not apply, and who is
of complying with duty time limita- scheduled for duty aloft for a total of

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§ 121.527 14 CFR Ch. I (1–1–16 Edition)

not more than 20 hours within 30 con- (1) Monitoring the progress of each
secutive days in two-pilot crews (with flight;
or without additional flight crew- (2) Issuing necessary information for
members) are those set forth in the safety of the flight; and
§ 121.523. (3) Cancelling or redispatching a
(e) The flight time limitations for a flight if, in his opinion or the opinion
pilot assigned to each of two-pilot, of the pilot in command, the flight can-
two-pilot and additional flight crew- not operate or continue to operate
member, and three-pilot and additional safely as planned or released.
flight crewmember crews in 30 consecu- (d) Each pilot in command of an air-
tive days, and who is not subject to craft is, during flight time, in com-
paragraph (b), (c), or (d) of this section, mand of the aircraft and crew and is re-
are those listed in § 121.523. sponsible for the safety of the pas-
sengers, crewmembers, cargo, and air-
§ 121.527 Fatigue risk management plane.
system. (e) Each pilot in command has full
(a) No certificate holder may exceed control and authority in the operation
any provision of this subpart unless ap- of the aircraft, without limitation,
proved by the FAA under a Fatigue over other crewmembers and their du-
Risk Management System. ties during flight time, whether or not
(b) The Fatigue Risk Management he holds valid certificates authorizing
System must include: him to perform the duties of those
(1) A fatigue risk management pol- crewmembers.
icy.
(2) An education and awareness train- [Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as
amended by Amdt. 121–253, 61 FR 2613, Jan.
ing program.
26, 1996]
(3) A fatigue reporting system.
(4) A system for monitoring § 121.535 Responsibility for oper-
flightcrew fatigue. ational control: Flag operations.
(5) An incident reporting process.
(a) Each certificate holder con-
(6) A performance evaluation.
ducting flag operations is responsible
[Doc. No. FAA–2009–1093, 77 FR 403, Jan. 4, for operational control.
2012] (b) The pilot in command and the air-
craft dispatcher are jointly responsible
Subpart T—Flight Operations for the preflight planning, delay, and
dispatch release of a flight in compli-
SOURCE: Docket No. 6258, 29 FR 19219, Dec. ance with this chapter and operations
31, 1964, unless otherwise noted. specifications.
(c) The aircraft dispatcher is respon-
§ 121.531 Applicability. sible for—
This subpart prescribes requirements (1) Monitoring the progress of each
for flight operations applicable to all flight;
certificate holders, except where other- (2) Issuing necessary instructions and
wise specified. information for the safety of the flight;
and
§ 121.533 Responsibility for oper- (3) Cancelling or redispatching a
ational control: Domestic oper- flight if, in his opinion or the opinion
ations. of the pilot in command, the flight can-
(a) Each certificate holder con- not operate or continue to operate
ducting domestic operations is respon- safely as planned or released.
sible for operational control. (d) Each pilot in command of an air-
(b) The pilot in command and the air- craft is, during flight time, in com-
craft dispatcher are jointly responsible mand of the aircraft and crew and is re-
for the preflight planning, delay, and sponsible for the safety of the pas-
dispatch release of a flight in compli- sengers, crewmembers, cargo, and air-
ance with this chapter and operations plane.
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specifications. (e) Each pilot in command has full


(c) The aircraft dispatcher is respon- control and authority in the operation
sible for— of the aircraft, without limitation,

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Federal Aviation Administration, DOT § 121.542

over other crewmembers and their du- control and authority in the operation
ties during flight time, whether or not of the aircraft, without limitation,
he holds valid certificates authorizing over other crewmembers and their du-
him to perform the duties of those ties during flight time, whether or not
crewmembers. he holds valid certificates authorizing
(f) No pilot may operate an aircraft him to perform the duties of those
in a careless or reckless manner so as crewmembers.
to endanger life or property. (e) Each pilot in command of an air-
craft is responsible for the preflight
[Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as
amended by Amdt. 121–253, 61 FR 2613, Jan.
planning and the operation of the
26, 1996] flight in compliance with this chapter
and the operations specifications.
§ 121.537 Responsibility for oper- (f) No pilot may operate an aircraft,
ational control: Supplemental oper- in a careless or reckless manner, so as
ations. to endanger life or property.
(a) Each certificate holder con- [Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as
ducting supplemental operations— amended by Amdt. 121–253, 61 FR 2613, Jan.
(1) Is responsible for operational con- 26, 1996]
trol; and
(2) Shall list each person authorized § 121.538 Aircraft security.
by it to exercise operational control in Certificate holders conducting oper-
its operator’s manual. ations under this part must comply
(b) The pilot in command and the di- with the applicable security require-
rector of operations are jointly respon- ments in 49 CFR chapter XII.
sible for the initiation, continuation,
[67 FR 8350, Feb. 22, 2002]
diversion, and termination of a flight
in compliance with this chapter and § 121.539 Operations notices.
the operations specifications. The di-
Each certificate holder shall notify
rector of operations may delegate the
its appropriate operations personnel of
functions for the initiation, continu-
each change in equipment and oper-
ation, diversion, and termination of a
ating procedures, including each
flight but he may not delegate the re-
known change in the use of navigation
sponsibility for those functions.
aids, airports, air traffic control proce-
(c) The director of operations is re-
dures and regulations, local airport
sponsible for cancelling, diverting, or
traffic control rules, and known haz-
delaying a flight if in his opinion or the
ards to flight, including icing and other
opinion of the pilot in command the
potentially hazardous meteorological
flight cannot operate or continue to
conditions and irregularities in ground
operate safely as planned or released.
and navigation facilities.
The director of operations is respon-
sible for assuring that each flight is § 121.541 Operations schedules: Do-
monitored with respect to at least the mestic and flag operations.
following:
In establishing flight operations
(1) Departure of the flight from the
schedules, each certificate holder con-
place of origin and arrival at the place
ducting domestic or flag operations
of destination, including intermediate
shall allow enough time for the proper
stops and any diversions therefrom.
servicing of aircraft at intermediate
(2) Maintenance and mechanical
stops, and shall consider the prevailing
delays encountered at places of origin
winds en route and the cruising speed
and destination and intermediate
of the type of aircraft used. This cruis-
stops.
ing speed may not be more than that
(3) Any known conditions that may
resulting from the specified cruising
adversely affect the safety of flight.
output of the engines.
(d) Each pilot in command of an air-
craft is, during flight time, in com- [Doc. No. 28154, 61 FR 2613, Jan. 26, 1996]
mand of the aircraft and crew and is re-
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sponsible for the safety of the pas- § 121.542 Flight crewmember duties.
sengers, crewmembers, cargo, and air- (a) No certificate holder shall re-
craft. The pilot in command has full quire, nor may any flight crewmember

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§ 121.543 14 CFR Ch. I (1–1–16 Edition)

perform, any duties during a critical § 121.543 Flight crewmembers at con-


phase of flight except those duties re- trols.
quired for the safe operation of the air- (a) Except as provided in paragraph
craft. Duties such as company required (b) of this section, each required flight
calls made for such nonsafety related crewmember on flight deck duty must
purposes as ordering galley supplies remain at the assigned duty station
and confirming passenger connections, with seat belt fastened while the air-
announcements made to passengers craft is taking off or landing, and while
promoting the air carrier or pointing it is en route.
out sights of interest, and filling out (b) A required flight crewmember
company payroll and related records may leave the assigned duty station—
are not required for the safe operation (1) If the crewmember’s absence is
of the aircraft. necessary for the performance of duties
(b) No flight crewmember may en- in connection with the operation of the
gage in, nor may any pilot in command aircraft;
permit, any activity during a critical (2) If the crewmember’s absence is in
phase of flight which could distract connection with physiological needs; or
any flight crewmember from the per- (3) If the crewmember is taking a rest
formance of his or her duties or which period, and relief is provided—
could interfere in any way with the (i) In the case of the assigned pilot in
proper conduct of those duties. Activi- command during the en route cruise
ties such as eating meals, engaging in portion of the flight, by a pilot who
nonessential conversations within the holds an airline transport pilot certifi-
cate not subject to the limitations in
cockpit and nonessential communica-
§ 61.167 of this chapter and an appro-
tions between the cabin and cockpit
priate type rating, is currently quali-
crews, and reading publications not re- fied as pilot in command or second in
lated to the proper conduct of the command, and is qualified as pilot in
flight are not required for the safe op- command of that aircraft during the en
eration of the aircraft. route cruise portion of the flight. A
(c) For the purposes of this section, second in command qualified to act as
critical phases of flight includes all a pilot in command en route need not
ground operations involving taxi, take- have completed the following pilot in
off and landing, and all other flight op- command requirements: The 6-month
erations conducted below 10,000 feet, recurrent flight training required by
except cruise flight. § 121.433(c)(1)(iii); the operating experi-
NOTE: Taxi is defined as ‘‘movement of an ence required by § 121.434; the takeoffs
airplane under its own power on the surface and landings required by § 121.439; the
of an airport.’’ line check required by § 121.440; and the
(d) During all flight time as defined 6-month proficiency check or simu-
in 14 CFR 1.1, no flight crewmember lator training required by § 121.441(a)(1);
may use, nor may any pilot in com- and
mand permit the use of, a personal (ii) In the case of the assigned second
wireless communications device (as de- in command, by a pilot qualified to act
fined in 49 U.S.C. 44732(d)) or laptop as second in command of that aircraft
computer while at a flight crewmember during en route operations. However,
duty station unless the purpose is di- the relief pilot need not meet the re-
rectly related to operation of the air- cent experience requirements of
craft, or for emergency, safety-related, § 121.439(b).
or employment-related communica- [Doc. No. 16383, 43 FR 22648, May 25, 1978, as
tions, in accordance with air carrier amended by Amdt. 121–179, 47 FR 33390, Aug.
procedures approved by the Adminis- 2, 1982; Amdt. 121–365, 78 FR 42378, July 15,
2013]
trator.
[Doc. No. 20661, 46 FR 5502, Jan. 19, 1981, as § 121.544 Pilot monitoring.
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amended by Amdt. 121–369, 79 FR 8263, Feb. Each pilot who is seated at the pilot
12, 2014] controls of the aircraft, while not fly-
ing the aircraft, must accomplish pilot

198

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Federal Aviation Administration, DOT § 121.547

monitoring duties as appropriate in ac- (4) Any person who has the permis-
cordance with the certificate holder’s sion of the pilot in command, an appro-
procedures contained in the manual re- priate management official of the part
quired by § 121.133 of this part. Compli- 119 certificate holder and the Adminis-
ance with this section is required no trator. Paragraph (a)(2) of this section
later than March 12, 2019. does not limit the emergency authority
[Doc. No. FAA–2008–0677, 78 FR 67841, Nov. 12, of the pilot in command to exclude any
2013] person from the flightdeck in the inter-
ests of safety.
§ 121.545 Manipulation of controls. (b) For the purposes of paragraph
No pilot in command may allow any (a)(3) of this section, employees of the
person to manipulate the controls of an United States who deal responsibly
aircraft during flight nor may any per- with matters relating to safety and
son manipulate the controls during employees of the certificate holder
flight unless that person is— whose efficiency would be increased by
(a) A qualified pilot of the certificate familiarity with flight conditions, may
holder operating that aircraft. be admitted by the certificate holder.
(b) An authorized pilot safety rep- However, the certificate holder may
resentative of the Administrator or of not admit employees of traffic, sales,
the National Transportation Safety or other departments that are not di-
Board who has the permission of the rectly related to flight operations, un-
pilot in command, is qualified in the less they are eligible under paragraph
aircraft, and is checking flight oper- (a)(4) of this section.
ations; or (c) No person may admit any person
(c) A pilot of another certificate to the flight deck unless there is a seat
holder who has the permission of the available for his use in the passenger
pilot in command, is qualified in the compartment, except—
aircraft, and is authorized by the cer- (1) An FAA air carrier inspector, a
tificate holder operating the aircraft. DOD commercial air carrier evaluator,
or authorized representative of the Ad-
[Doc. No. 6258, 29 FR 19220, Dec. 31, 1964, as
amended by Doc. No. 8084, 32 FR 5769, Apr. 11, ministrator or National Transpor-
1967; Amdt. 121–144, 43 FR 22648, May 25, 1978] tation Safety Board who is checking or
observing flight operations;
§ 121.547 Admission to flight deck. (2) An air traffic controller who is au-
(a) No person may admit any person thorized by the Administrator to ob-
to the flight deck of an aircraft unless serve ATC procedures;
the person being admitted is— (3) A certificated airman employed
(1) A crewmember; by the certificate holder whose duties
(2) An FAA air carrier inspector, a require an airman certificate;
DOD commercial air carrier evaluator, (4) A certificated airman employed
or an authorized representative of the by another part 119 certificate holder
National Transportation Safety Board, whose duties with that part 119 certifi-
who is performing official duties; cate holder require an airman certifi-
(3) Any person who— cate and who is authorized by the part
(i) Has permission of the pilot in 119 certificate holder operating the air-
command, an appropriate management craft to make specific trips over a
official of the part 119 certificate hold- route;
er, and the Administrator; and (5) An employee of the part 119 cer-
(ii) Is an employee of— tificate holder operating the aircraft
(A) The United States, or whose duty is directly related to the
(B) A part 119 certificate holder and conduct or planning of flight oper-
whose duties are such that admission ations or the in-flight monitoring of
to the flightdeck is necessary or advan- aircraft equipment or operating proce-
tageous for safe operation; or dures, if his presence on the flightdeck
(C) An aeronautical enterprise cer- is necessary to perform his duties and
tificated by the Administrator and he has been authorized in writing by a
lpowell on DSK54DXVN1OFR with $$_JOB

whose duties are such that admission responsible supervisor, listed in the Op-
to the flightdeck is necessary or advan- erations Manual as having that author-
tageous for safe operation. ity; and

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§ 121.548 14 CFR Ch. I (1–1–16 Edition)

(6) A technical representative of the use a flashlight that is in good working


manufacturer of the aircraft or its order.
components whose duties are directly
related to the in-flight monitoring of § 121.550 Secret Service Agents: Admis-
aircraft equipment or operating proce- sion to flight deck.
dures, if his presence on the flightdeck Whenever an Agent of the Secret
is necessary to perform his duties and Service who is assigned the duty of
he has been authorized in writing by protecting a person aboard an aircraft
the Administrator and by a responsible operated by a certificate holder con-
supervisor of the operations depart- siders it necessary in the performance
ment of the part 119 certificate holder,
of his duty to ride on the flight deck of
listed in the Operations Manual as hav-
the aircraft, he must, upon request and
ing that authority.
presentation of his Secret Service cre-
[Doc. No. 6258, 29 FR 19220, Dec. 31, 1964, as dentials to the pilot in command of the
amended by Doc. No. 8084, 32 FR 5769, Apr. 11, aircraft, be admitted to the flight deck
1967; Amdt. 121–253, 61 FR 2613, Jan. 26, 1996;
Amdt. 121–288, 67 FR 2127, Jan. 15, 2002; Amdt.
and permitted to occupy an observer
121–298, 68 FR 41217, July 10, 2003] seat thereon.
[Doc. No. 9031, 35 FR 12061, July 28, 1970, as
§ 121.548 Aviation safety inspector’s amended by Amdt. 121–253, 61 FR 2613, Jan.
credentials: Admission to pilot’s
26, 1996]
compartment.
Whenever, in performing the duties § 121.551 Restriction or suspension of
of conducting an inspection, an inspec- operation: Domestic and flag oper-
tor of the Federal Aviation Adminis- ations.
tration presents form FAA 110A, When a certificate holder conducting
‘‘Aviation Safety Inspector’s Creden- domestic or flag operations knows of
tial,’’ to the pilot in command of an conditions, including airport and run-
aircraft operated by a certificate hold-
way conditions, that are a hazard to
er, the inspector must be given free and
safe operations, it shall restrict or sus-
uninterrupted access to the pilot’s
compartment of that aircraft. pend operations until those conditions
are corrected.
[Doc. No. 28154, 61 FR 2613, Jan. 26, 1996]
[Doc. No. 28154, 61 FR 2613, Jan. 26, 1996]
§ 121.548a DOD Commercial Air Car-
rier Evaluator’s Credential. § 121.553 Restriction or suspension of
operation: Supplemental oper-
Whenever, in performing the duties ations.
of conducting an evaluation, a DOD
commercial air carrier evaluator pre- When a certificate holder conducting
sents S&A Form 110B, ‘‘DOD Commer- supplemental operations or pilot in
cial Air Carrier Evaluator’s Creden- command knows of conditions, includ-
tial,’’ to the pilot in command of an ing airport and runway conditions,
airplane operated by the certificate that are a hazard to safe operations,
holder, the evaluator must be given the certificate holder or pilot in com-
free and uninterrupted access to the pi- mand, as the case may be, shall re-
lot’s compartment of that airplane. strict or suspend operations until those
[Doc. No. FAA–2003–15571, 68 FR 41217, July conditions are corrected.
10, 2003] [Doc. No. 28154, 61 FR 2613, Jan. 26, 1996]
§ 121.549 Flying equipment. § 121.555 Compliance with approved
(a) The pilot in command shall en- routes and limitations: Domestic
sure that appropriate aeronautical and flag operations.
charts containing adequate informa- No pilot may operate an airplane in
tion concerning navigation aids and in- scheduled air transportation—
strument approach procedures are
(a) Over any route or route segment
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aboard the aircraft for each flight.


unless it is specified in the certificate
(b) Each crewmember shall, on each
holder’s operations specifications; or
flight, have readily available for his

200

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Federal Aviation Administration, DOT § 121.561

(b) Other than in accordance with the weather minimums, and this chapter,
limitations in the operations specifica- to the extent required in the interests
tions. of safety.
[Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as (b) In an emergency situation arising
amended by Amdt. 121–253, 61 FR 2614, Jan. during flight that requires immediate
26, 1996] decision and action by appropriate
management personnel in the case of
§ 121.557 Emergencies: Domestic and operations conducted with a flight fol-
flag operations.
lowing service and which is known to
(a) In an emergency situation that them, those personnel shall advise the
requires immediate decision and action pilot in command of the emergency,
the pilot in command may take any ac- shall ascertain the decision of the pilot
tion that he considers necessary under in command, and shall have the deci-
the circumstances. In such a case he sion recorded. If they cannot commu-
may deviate from prescribed oper-
nicate with the pilot, they shall de-
ations procedures and methods, weath-
clare an emergency and take any ac-
er minimums, and this chapter, to the
extent required in the interests of safe- tion that they consider necessary
ty. under the circumstances.
(b) In an emergency situation arising (c) Whenever emergency authority is
during flight that requires immediate exercised, the pilot in command or the
decision and action by an aircraft dis- appropriate management personnel
patcher, and that is known to him, the shall keep the appropriate communica-
aircraft dispatcher shall advise the tion facility fully informed of the
pilot in command of the emergency, progress of the flight. The person de-
shall ascertain the decision of the pilot claring the emergency shall send a
in command, and shall have the deci- written report of any deviation,
sion recorded. If the aircraft dispatcher through the certificate holder’s direc-
cannot communicate with the pilot, he tor of operations, to the Administrator
shall declare an emergency and take within 10 days after the flight is com-
any action that he considers necessary pleted or, in the case of operations out-
under the circumstances. side the United States, upon return to
(c) Whenever a pilot in command or the home base.
dispatcher exercises emergency author-
ity, he shall keep the appropriate ATC [Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as
facility and dispatch centers fully in- amended by Amdt. 121–253, 61 FR 2614, Jan.
26, 1996; Amdt. 121–333, 72 FR 31682, June 7,
formed of the progress of the flight. 2007]
The person declaring the emergency
shall send a written report of any devi- § 121.561 Reporting potentially haz-
ation through the certificate holder’s ardous meteorological conditions
operations manager, to the Adminis- and irregularities of ground facili-
trator. A dispatcher shall send his re- ties or navigation aids.
port within 10 days after the date of
(a) Whenever he encounters a mete-
the emergency, and a pilot in command
orological condition or an irregularity
shall send his report within 10 days
in aground facility or navigation aid,
after returning to his home base.
in flight, the knowledge of which he
[Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as considers essential to the safety of
amended by Amdt. 121–253, 61 FR 2614, Jan. other flights, the pilot in command
26, 1996]
shall notify an appropriate ground sta-
§ 121.559 Emergencies: Supplemental tion as soon as practicable.
operations. (b) The ground radio station that is
(a) In an emergency situation that notified under paragraph (a) of this sec-
requires immediate decision and ac- tion shall report the information to the
tion, the pilot in command may take agency directly responsible for oper-
any action that he considers necessary ating the facility.
lpowell on DSK54DXVN1OFR with $$_JOB

under the circumstances. In such a [Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as
case, he may deviate from prescribed amended by Amdt. 121–333, 72 FR 31682, June
operations, procedures and methods, 7, 2007]

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§ 121.563 14 CFR Ch. I (1–1–16 Edition)

§ 121.563 Reporting mechanical irreg- reasons for determining that the selec-
ularities. tion of an airport, other than the near-
The pilot in command shall ensure est airport, was as safe a course of ac-
that all mechanical irregularities oc- tion as landing at the nearest suitable
curring during flight time are entered airport. The director of operations
in the maintenance log of the airplane shall, within 10 days after the pilot re-
at the end of that flight time. Before turns to his or her home base, send a
each flight the pilot in command shall copy of this report with the director of
ascertain the status of each irregu- operation’s comments to the certifi-
larity entered in the log at the end of cate-holding district office.
the preceding flight. [Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as
[Doc. No. 17897, 45 FR 41594, June 19, 1980, as amended by Amdt. 121–207, 54 FR 39293, Sept.
amended by Amdt. 121–179, 47 FR 33390, Aug. 25, 1989; Amdt. 121–253, 61 FR 2614, Jan. 26,
2, 1982] 1996; Amdt. 121–329, 72 FR 1881, Jan. 16, 2007;
Amdt. 121–333, 72 FR 31682, June 7, 2007]
§ 121.565 Engine inoperative: Landing;
reporting. § 121.567 Instrument approach proce-
dures and IFR landing minimums.
(a) Except as provided in paragraph
(b) of this section, whenever an air- No person may make an instrument
plane engine fails or whenever an en- approach at an airport except in ac-
gine is shutdown to prevent possible cordance with IFR weather minimums
damage, the pilot in command must and instrument approach procedures
land the airplane at the nearest suit- set forth in the certificate holder’s op-
able airport, in point of time, at which erations specifications.
a safe landing can be made.
§ 121.569 Equipment interchange: Do-
(b) If not more than one engine of an mestic and flag operations.
airplane that has three or more engines
fails or is shut down to prevent pos- (a) Before operating under an inter-
sible damage, the pilot-in-command change agreement, each certificate
may proceed to an airport that the holder conducting domestic or flag op-
pilot selects if, after considering the erations shall show that—
following, the pilot makes a reasonable (1) The procedures for the inter-
decision that proceeding to that air- change operation conform with this
port is as safe as landing at the nearest chapter and with safe operating prac-
suitable airport: tices;
(1) The nature of the malfunction and (2) Required crewmembers and dis-
the possible mechanical difficulties patchers meet approved training re-
that may occur if flight is continued. quirements for the airplanes and equip-
(2) The altitude, weight, and useable ment to be used and are familiar with
fuel at the time that the engine is the communications and dispatch pro-
shutdown. cedures to be used;
(3) The weather conditions en route (3) Maintenance personnel meet
and at possible landing points. training requirements for the airplanes
(4) The air traffic congestion. and equipment, and are familiar with
(5) The kind of terrain. the maintenance procedures to be used;
(6) His familiarity with the airport to (4) Flight crewmembers and dis-
be used. patchers meet appropriate route and
(c) The pilot-in-command must re- airport qualifications; and
port each engine shutdown in flight to (5) The airplanes to be operated are
the appropriate communication facil- essentially similar to the airplanes of
ity as soon as practicable and must the certificate holder with whom the
keep that facility fully informed of the interchange is effected with respect to
progress of the flight. the arrangement of flight instruments
(d) If the pilot in command lands at and the arrangement and motion of
an airport other than the nearest suit- controls that are critical to safety un-
able airport, in point of time, he or she less the Administrator determines that
lpowell on DSK54DXVN1OFR with $$_JOB

shall (upon completing the trip) send a the certificate holder has adequate
written report, in duplicate, to his or training programs to insure that any
her director of operations stating the potentially hazardous dissimilarities

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Federal Aviation Administration, DOT § 121.571

are safely overcome by flight crew fa- (ii) The location of emergency exits.
miliarization. (iii) The use of safety belts, including
(b) Each certificate holder con- instructions on how to fasten and un-
ducting domestic or flag operations fasten the safety belts. Each passenger
shall include the pertinent provisions shall be briefed on when, where, and
and procedures involved in the equip- under what conditions the safety belt
ment interchange agreement in its must be fastened about that passenger.
manuals. This briefing shall include a statement
[Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as that the Federal Aviation Regulations
amended by Amdt. 121–253, 61 FR 2614, Jan. require passenger compliance with
26, 1996] lighted passenger information signs
and crewmember instructions con-
§ 121.570 Airplane evacuation capa- cerning the use of safety belts.
bility. (iv) The location and use of any re-
(a) No person may cause an airplane quired emergency flotation means.
carrying passengers to be moved on the (v) On operations that do not use a
surface, take off, or land unless each flight attendant, the following addi-
automatically deployable emergency tional information:
evacuation assisting means, installed (A) The placement of seat backs in an
pursuant to § 121.310(a), is ready for upright position before takeoff and
evacuation. landing.
(b) Each certificate holder shall en- (B) Location of survival equipment.
sure that, at all times passengers are (C) If the flight involves operations
on board prior to airplane movement above 12,000 MSL, the normal and
on the surface, at least one floor-level emergency use of oxygen.
exit provides for the egress of pas- (D) Location and operation of fire ex-
sengers through normal or emergency tinguisher.
means. (2) After each takeoff, immediately
[Doc. No. 26142, 57 FR 42674, Sept. 15, 1992] before or immediately after turning
the seat belt sign off, an announcement
§ 121.571 Briefing passengers before shall be made that passengers should
takeoff. keep their seat belts fastened, while
(a) Each certificate holder operating seated, even when the seat belt sign is
a passenger-carrying airplane shall in- off.
sure that all passengers are orally (3) Except as provided in paragraph
briefed by the appropriate crewmember (a)(4) of this section, before each take-
as follows: off a required crewmember assigned to
(1) Before each takeoff, on each of the the flight shall conduct an individual
following: briefing of each person who may need
(i) Smoking. Each passenger shall be the assistance of another person to
briefed on when, where, and under what move expeditiously to an exit in the
conditions smoking is prohibited in- event of an emergency. In the briefing
cluding, but not limited to, any appli- the required crewmember shall—
cable requirements of part 252 of this (i) Brief the person and his attend-
title). This briefing shall include a ant, if any, on the routes to each ap-
statement that the Federal Aviation propriate exit and on the most appro-
Regulations require passenger compli- priate time to begin moving to an exit
ance with the lighted passenger infor- in the event of an emergency; and
mation signs, posted placards, areas (ii) Inquire of the person and his at-
designated for safety purposes as no tendant, if any, as to the most appro-
smoking areas, and crewmember in- priate manner of assisting the person
structions with regard to these items. so as to prevent pain and further in-
The briefing shall also include a state- jury.
ment that Federal law prohibits tam- (4) The requirements of paragraph
pering with, disabling, or destroying (a)(3) of this section do not apply to a
any smoke detector in an airplane lav- person who has been given a briefing
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atory; smoking in lavatories; and, before a previous leg of a flight in the


when applicable, smoking in passenger same aircraft when the crewmembers
compartments. on duty have been advised as to the

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§ 121.573 14 CFR Ch. I (1–1–16 Edition)

most appropriate manner of assisting must be given before reaching the


the person so as to prevent pain and overwater part of the flight.
further injury.
[Doc. No. 2033, 30 FR 3206, Mar. 9, 1965, as
(b) Each certificate holder must amended by Amdt. 121–144, 43 FR 22648, May
carry on each passenger-carrying air- 25, 1978; Amdt. 121–146, 43 FR 28403, June 29,
plane, in convenient locations for use 1978]
of each passenger, printed cards
supplementing the oral briefing. Each § 121.574 Oxygen for medical use by
card must contain information perti- passengers.
nent only to the type and model of air- (a) A certificate holder may allow a
plane used for that flight, including— passenger to carry and operate equip-
(1) Diagrams of, and methods of oper- ment for the storage, generation, or
ating, the emergency exits; dispensing of oxygen when the fol-
(2) Other instructions necessary for lowing conditions are met:
use of emergency equipment; and (1) The equipment is—
(3) No later than June 12, 2005, for Do- (i) Furnished by the certificate hold-
mestic and Flag scheduled passenger- er;
carrying flights, the sentence, ‘‘Final (ii) Of an approved type or is in con-
assembly of this airplane was com- formity with the manufacturing, pack-
pleted in [INSERT NAME OF COUN- aging, marking, labeling, and mainte-
TRY].’’ nance requirements of 49 CFR parts
(c) The certificate holder shall de- 171, 172, and 173, except § 173.24(a)(1);
scribe in its manual the procedure to (iii) Maintained by the certificate
be followed in the briefing required by holder in accordance with an approved
paragraph (a) of this section. maintenance program;
[Doc. No. 2033, 30 FR 3206, Mar. 9, 1965] (iv) Free of flammable contaminants
on all exterior surfaces;
EDITORIAL NOTE: For FEDERAL REGISTER ci-
(v) Capable of providing a minimum
tations affecting § 121.571, see the List of CFR
Sections Affected, which appears in the mass flow of oxygen to the user of four
Finding Aids section of the printed volume liters per minute;
and at www.fdsys.gov. (vi) Constructed so that all valves,
fittings, and gauges are protected from
§ 121.573 Briefing passengers: Ex- damage; and
tended overwater operations. (vii) Appropriately secured.
(a) In addition to the oral briefing re- (2) When the oxygen is stored in the
quired by § 121.571(a), each certificate form of a liquid, the equipment has
holder operating an airplane in ex- been under the certificate holder’s ap-
tended overwater operations shall en- proved maintenance program since its
sure that all passengers are orally purchase new or since the storage con-
briefed by the appropriate crewmember tainer was last purged.
on the location and operation of life (3) When the oxygen is stored in the
preservers, liferafts, and other flota- form of a compressed gas as defined in
tion means, including a demonstration 49 CFR 173.300(a)—
of the method of donning and inflating (i) The equipment has been under the
a life preserver. certificate holder’s approved mainte-
(b) The certificate holder shall de- nance program since its purchase new
scribe in its manual the procedure to or since the last hydrostatic test of the
be followed in the briefing required by storage cylinder; and
paragraph (a) of this section. (ii) The pressure in any oxygen cyl-
(c) If the airplane proceeds directly inder does not exceed the rated cyl-
over water after takeoff, the briefing inder pressure.
required by paragraph (a) of this sec- (4) Each person using the equipment
tion must be done before takeoff. has a medical need to use it evidenced
(d) If the airplane does not proceed by a written statement to be kept in
directly over water after takeoff, no that person’s possession, signed by a li-
lpowell on DSK54DXVN1OFR with $$_JOB

part of the briefing required by para- censed physician which specifies the
graph (a) of this section has to be given maximum quantity of oxygen needed
before takeoff, but the entire briefing each hour and the maximum flow rate

204

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Federal Aviation Administration, DOT § 121.577

needed for the pressure altitude cor- (2) Is escorting a person or being es-
responding to the pressure in the cabin corted in accordance with 49 CFR
of the airplane under normal operating 1544.221; or
conditions. This paragraph does not (3) Has a deadly or dangerous weapon
apply to the carriage of oxygen in an accessible to him while aboard the air-
airplane in which the only passengers craft in accordance with 49 CFR
carried are persons who may have a 1544.219, 1544.221, or 1544.223.
medical need for oxygen during flight, (c) No certificate holder may allow
no more than one relative or other in- any person to board any of its aircraft
terested person for each of those per- if that person appears to be intoxi-
sons, and medical attendants. cated.
(5) When a physician’s statement is (d) Each certificate holder shall,
required by paragraph (a)(4) of this sec- within five days after the incident, re-
tion, the total quantity of oxygen car- port to the Administrator the refusal
ried is equal to the maximum quantity of any person to comply with para-
of oxygen needed each hour, as speci- graph (a) of this section, or of any dis-
fied in the physician’s statement, mul- turbance caused by a person who ap-
tiplied by the number of hours used to pears to be intoxicated aboard any of
compute the amount of airplane fuel its aircraft.
required by this part.
[Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as
(6) The pilot in command is advised
amended by Amdt. 121–118, 40 FR 17552, Apr.
when the equipment is on board, and 21, 1975; Amdt. 121–178, 47 FR 13316, Mar. 29,
when it is intended to be used. 1982; Amdt. 121–275, 67 FR 31932, May 10, 2002]
(7) The equipment is stowed, and
each person using the equipment is § 121.576 Retention of items of mass in
seated, so as not to restrict access to passenger and crew compartments.
or use of any required emergency, or The certificate holder must provide
regular exit or of the aisle in the pas- and use means to prevent each item of
senger compartment. galley equipment and each serving
(b) No person may, and no certificate cart, when not in use, and each item of
holder may allow any person to, smoke crew baggage, which is carried in a pas-
within 10 feet of oxygen storage and senger or crew compartment from be-
dispensing equipment carried in ac- coming a hazard by shifting under the
cordance with paragraph (a) of this sec- appropriate load factors corresponding
tion. to the emergency landing conditions
(c) No certificate holder may allow under which the airplane was type cer-
any person to connect or disconnect tificated.
oxygen dispensing equipment, to or
from a gaseous oxygen cylinder while [Doc. No. 16383, 43 FR 22648, May 25, 1978]
any passenger is aboard the airplane.
§ 121.577 Stowage of food, beverage,
(d) The requirements of this section and passenger service equipment
do not apply to the carriage of supple- during airplane movement on the
mental or first-aid oxygen and related surface, takeoff, and landing.
equipment required by this chapter.
(a) No certificate holder may move
[Doc. No. 12169, 39 FR 42677, Dec. 6, 1974, as an airplane on the surface, take off, or
amended by Amdt. 121–159, 45 FR 41594, June land when any food, beverage, or table-
19, 1980] ware furnished by the certificate hold-
er is located at any passenger seat.
§ 121.575 Alcoholic beverages. (b) No certificate holder may move
(a) No person may drink any alco- an airplane on the surface, take off, or
holic beverage aboard an aircraft un- land unless each food and beverage
less the certificate holder operating tray and seat back tray table is se-
the aircraft has served that beverage to cured in its stowed position.
him. (c) No certificate holder may permit
(b) No certificate holder may serve an airplane to move on the surface,
lpowell on DSK54DXVN1OFR with $$_JOB

any alcoholic beverage to any person take off, or land unless each passenger
aboard any of its aircraft who— serving cart is secured in its stowed po-
(1) Appears to be intoxicated; sition.

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§ 121.578 14 CFR Ch. I (1–1–16 Edition)

(d) No certificate holder may permit (d) A certificate holder may obtain
an airplane to move on the surface, an authorization to deviate from the
take off, or land unless each movie requirements of paragraph (b) of this
screen that extends into an aisle is section, by an amendment to its oper-
stowed. ations specifications, if—
(e) Each passenger shall comply with (1) It shows that due to cir-
instructions given by a crewmember cumstances beyond its control or to
with regard to compliance with this unreasonable economic burden it can-
section. not comply for a specified period of
[Doc. No. 26142, 57 FR 42674, Sept. 15, 1992] time; and
(2) It has submitted a plan acceptable
§ 121.578 Cabin ozone concentration. to the Administrator to effect compli-
(a) For the purpose of this section, ance to the extent possible.
the following definitions apply: (e) A certificate holder need not com-
(1) Flight segment means scheduled ply with the requirements of paragraph
nonstop flight time between two air- (b) of this section for an aircraft—
ports. (1) When the only persons carried are
(2) Sea level equivalent refers to condi- flight crewmembers and persons listed
tions of 25 °C and 760 millimeters of in § 121.583;
mercury pressure. (2) If the aircraft is scheduled for re-
(b) Except as provided in paragraphs tirement before January 1, 1985; or
(d) and (e) of this section, no certifi- (3) If the aircraft is scheduled for re-
cate holder may operate an airplane engining under the provisions of sub-
above the following flight levels unless part E of part 91, until it is re-engined.
it is successfully demonstrated to the [Doc. No. 121–154, 45 FR 3883, Jan. 21, 1980. Re-
Administrator that the concentration designated by Amdt. 121–162, 45 FR 46739,
of ozone inside the cabin will not ex- July 10, 1980, and amended by Amdt. 121–181,
ceed— 47 FR 58489, Dec. 30, 1982; Amdt. 121–251, 60
(1) For flight above flight level 320, FR 65935, Dec. 20, 1995]
0.25 parts per million by volume, sea
level equivalent, at any time above § 121.579 Minimum altitudes for use of
autopilot.
that flight level; and
(2) For flight above flight level 270, (a) Definitions. For purpose of this
0.1 parts per million by volume, sea section—
level equivalent, time-weighted aver- (1) Altitudes for takeoff/initial climb
age for each flight segment that ex- and go-around/missed approach are de-
ceeds 4 hours and includes flight above fined as above the airport elevation.
that flight level. (For this purpose, the (2) Altitudes for enroute operations
amount of ozone below flight level 180 are defined as above terrain elevation.
is considered to be zero.) (3) Altitudes for approach are defined
(c) Compliance with this section as above the touchdown zone elevation
must be shown by analysis or tests, (TDZE), unless the altitude is specifi-
based on either airplane operational cally in reference to DA (H) or MDA, in
procedures and performance limita- which case the altitude is defined by
tions or the certificate holder’s oper- reference to the DA(H) or MDA itself.
ations. The analysis or tests must show (b) Takeoff and initial climb. No person
either of the following: may use an autopilot for takeoff or ini-
(1) Atmospheric ozone statistics indi- tial climb below the higher of 500 feet
cate, with a statistical confidence of at or an altitude that is no lower than
least 84%, that at the altitudes and lo- twice the altitude loss specified in the
cations at which the airplane will be Airplane Flight Manual (AFM), except
operated cabin ozone concentrations as follows—
will not exceed the limits prescribed by (1) At a minimum engagement alti-
paragraph (b) of this section. tude specified in the AFM; or
(2) The airplane ventilation system (2) At an altitude specified by the Ad-
including any ozone control equipment, ministrator, whichever is greater.
lpowell on DSK54DXVN1OFR with $$_JOB

will maintain cabin ozone concentra- (c) Enroute. No person may use an
tions at or below the limits prescribed autopilot enroute, including climb and
by paragraph (b) of this section. descent, below the following—

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Federal Aviation Administration, DOT § 121.581

(1) 500 feet; (i) 50 feet; or


(2) At an altitude that is no lower (ii) An altitude specified by Adminis-
than twice the altitude loss specified in trator.
the AFM for an autopilot malfunction (4) If executing an autopilot coupled
in cruise conditions; or go-around or missed approach using a
(3) At an altitude specified by the Ad- certificated and functioning autopilot
ministrator, whichever is greater. in accordance with paragraph (e) in
(d) Approach. No person may use an this section.
autopilot at an altitude lower than 50 (e) Go-Around/Missed Approach. No
feet below the DA(H) or MDA for the person may engage an autopilot during
instrument procedure being flown, ex- a go-around or missed approach below
cept as follows— the minimum engagement altitude
(1) For autopilots with an AFM speci- specified for takeoff and initial climb
fied altitude loss for approach oper- in paragraph (b) in this section. An
ations— autopilot minimum use altitude does
(i) An altitude no lower than twice not apply to a go-around/missed ap-
the specified altitude loss if higher proach initiated with an engaged auto-
than 50 feet below the MDA or DA(H); pilot. Performing a go-around or
(ii) An altitude no lower than 50 feet missed approach with an engaged auto-
higher than the altitude loss specified pilot must not adversely affect safe ob-
in the AFM, when the following condi- stacle clearance.
tions are met— (f) Landing. Notwithstanding para-
(A) Reported weather conditions are graph (d) of this section, autopilot min-
less than the basic VFR weather condi- imum use altitudes do not apply to
tions in § 91.155 of this chapter; autopilot operations when an approved
(B) Suitable visual references speci- automatic landing system mode is
fied in § 91.175 of this chapter have been being used for landing. Automatic
established on the instrument ap- landing systems must be authorized in
proach procedure; and an operations specification issued to
(C) The autopilot is coupled and re- the operator.
ceiving both lateral and vertical path
[Doc. No. FAA–2012–1059, 79 FR 6086, Feb. 3,
references;
2014]
(iii) An altitude no lower than the
higher of the altitude loss specified in § 121.580 Prohibition on interference
the AFM or 50 feet above the TDZE, with crewmembers.
when the following conditions are
met— No person may assault, threaten, in-
(A) Reported weather conditions are timidate, or interfere with a crew-
equal to or better than the basic VFR member in the performance of the
weather conditions in § 91.155 of this crewmember’s duties aboard an air-
chapter; and craft being operated under this part.
(B) The autopilot is coupled and re- [Doc. No. FAA–1998–4954, 64 FR 1080, Jan. 7,
ceiving both lateral and vertical path 1999]
references; or
(iv) A greater altitude specified by § 121.581 Observer’s seat: En route in-
the Administrator. spections.
(2) For autopilots with AFM specified (a) Except as provided in paragraph
approach altitude limitations, the (c) of this section, each certificate
greater of— holder shall make available a seat on
(i) The minimum use altitude speci- the flight deck of each airplane, used
fied for the coupled approach mode se- by it in air commerce, for occupancy
lected; by the Administrator while conducting
(ii) 50 feet; or en route inspections. The location and
(iii) An altitude specified by Admin- equipment of the seat, with respect to
istrator. its suitability for use in conducting en
(3) For autopilots with an AFM speci- route inspections, is determined by the
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fied negligible or zero altitude loss for Administrator.


an autopilot approach mode malfunc- (b) In each airplane that has more
tion, the greater of— than one observer’s seat, in addition to

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§ 121.582 14 CFR Ch. I (1–1–16 Edition)

the seats required for the crew com- National Transportation Safety Board,
plement for which the airplane was cer- who is performing official duties.
tificated, the forward observer’s seat or (4) A person necessary for—
the observer’s seat selected by the Ad- (i) The safety of the flight;
ministrator must be made available (ii) The safe handling of animals;
when complying with paragraph (a) of (iii) The safe handling of hazardous
this section. materials whose carriage is governed
(c) For any airplane type certificated by regulations in 49 CFR part 175;
before December 20, 1995, for not more (iv) The security of valuable or con-
than 30 passengers that does not have fidential cargo;
an observer seat on the flightdeck, the (v) The preservation of fragile or per-
certificate holder must provide a for- ishable cargo;
ward passenger seat with headset or (vi) Experiments on, or testing of,
speaker for occupancy by the Adminis- cargo containers or cargo handling de-
trator while conducting en route in- vices;
spections. (vii) The operation of special equip-
[Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as
ment for loading or unloading cargo;
amended by Amdt. 121–144, 43 FR 22648, May and
25, 1978; Amdt. 121–251, 60 FR 65935, Dec. 20, (viii) The loading or unloading of
1995; Amdt. 121–288, 67 FR 2128, Jan. 15, 2002] outsize cargo.
(5) A person described in paragraph
§ 121.582 Means to discreetly notify a (a)(4) of this section, when traveling to
flightcrew. or from his assignment.
Except for all-cargo operations as de- (6) A person performing duty as an
fined in § 110.2 of this chapter, after Oc- honor guard accompanying a shipment
tober 15, 2007, for all passenger car- made by or under the authority of the
rying airplanes that require a lockable United States.
flightdeck door in accordance with (7) A military courier, military route
§ 121.313(f), the certificate holder must supervisor, military cargo contract co-
have an approved means by which the ordinator, or a flight crewmember of
cabin crew can discreetly notify the another military cargo contract air
flightcrew in the event of suspicious carrier or commercial operator, carried
activity or security breaches in the by a military cargo contract air carrier
cabin. or commercial operator in operations
[Doc. No. FAA–2005–22449, 72 FR 45635, Aug.
under a military cargo contract, if that
15, 2007, as amended by Amdt. 121–353, 76 FR carriage is specifically authorized by
7488, Feb. 10, 2011] the appropriate armed forces.
(8) A dependent of an employee of the
§ 121.583 Carriage of persons without certificate holder when traveling with
compliance with the passenger-car- the employee on company business to
rying requirements of this part. or from outlying stations not served by
(a) When authorized by the certifi- adequate regular passenger flights.
cate holder, the following persons, but (b) No certificate holder may operate
no others, may be carried aboard an an airplane carrying a person covered
airplane without complying with the by paragraph (a) of this section un-
passenger-carrying airplane require- less—
ments in §§ 121.309(f), 121.310, 121.391, (1) Each person has unobstructed ac-
121.571, and 121.587; the passenger-car- cess from his seat to the pilot compart-
rying operation requirements in part ment or to a regular or emergency exit;
117 and §§ 121.157(c) and 121.291; the re- (2) The pilot in command has a
quirements pertaining to passengers in means of notifying each person when
§§ 121.285, 121.313(f), 121.317, 121.547, and smoking is prohibited and when safety
121.573; and the information disclosure belts must be fastened; and
requirements in § 121.311(k): (3) The airplane has an approved seat
(1) A crewmember. with an approved safety belt for each
(2) A company employee. person. The seat must be located so
lpowell on DSK54DXVN1OFR with $$_JOB

(3) An FAA air carrier inspector, a that the occupant is not in any posi-
DOD commercial air carrier evaluator, tion to interfere with the flight crew-
or an authorized representative of the members performing their duties.

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Federal Aviation Administration, DOT § 121.585

(c) Before each takeoff, each certifi- thorizes the door to be unlocked and
cate holder operating an airplane car- open.
rying persons covered by paragraph (a) [Amdt. 121–334, 72 FR 45635, Aug. 15, 2007]
of this section shall ensure that all
such persons have been orally briefed § 121.585 Exit seating.
by the appropriate crewmember on—
(a)(1) Each certificate holder shall
(1) Smoking; determine, to the extent necessary to
(2) The use of seat belts; perform the applicable functions of
(3) The location and operation of paragraph (d) of this section, the suit-
emergency exits; ability of each person it permits to oc-
(4) The use of oxygen and emergency cupy an exit seat, in accordance with
oxygen equipment; and this section. For the purpose of this
(5) For extended overwater oper- section—
ations, the location of life rafts, and (i) Exit seat means—
the location and operation of life pre- (A) Each seat having direct access to
servers including a demonstration of an exit; and,
the method of donning and inflating a (B) Each seat in a row of seats
life preserver. through which passengers would have
(d) Each certificate holder operating to pass to gain access to an exit, from
an airplane carrying persons covered the first seat inboard of the exit to the
by paragraph (a) of this section shall first aisle inboard of the exit.
incorporate procedures for the safe car- (ii) A passenger seat having ‘‘direct
riage of such persons into the certifi- access’’ means a seat from which a pas-
cate holder’s operations manual. senger can proceed directly to the exit
(e) The pilot in command may au- without entering an aisle or passing
thorize a person covered by paragraph around an obstruction.
(a) of this section to be admitted to the (2) Each certificate holder shall make
crew compartment of the airplane. the passenger exit seating determina-
tions required by this paragraph in a
[Doc. No. 10580, 35 FR 14612, Sept. 18, 1970, as
non-discriminatory manner consistent
amended by Amdt. 121–96, 37 FR 19608, Sept.
21, 1972; Amdt. 121–159, 45 FR 41594, June 19, with the requirements of this section,
1980; Amdt. 121–232, 57 FR 48663, Oct. 27, 1992; by persons designated in the certificate
Amdt. 121–251, 60 FR 65935, Dec. 20, 1995; holder’s required operations manual.
Amdt. 121–253, 61 FR 2614, Jan. 26, 1996; Amdt. (3) Each certificate holder shall des-
121–298, 68 FR 41217, July 10, 2003; Amdt. 121– ignate the exit seats for each passenger
357, 77 FR 403, Jan. 4, 2012; Amdt. 121–373, 80 seating configuration in its fleet in ac-
FR 58586, Sept. 30, 2015] cordance with the definitions in this
paragraph and submit those designa-
§ 121.584 Requirement to view the
area outside the flightdeck door. tions for approval as part of the proce-
dures required to be submitted for ap-
From the time the airplane moves in proval under paragraphs (n) and (p) of
order to initiate a flight segment this section.
through the end of that flight segment, (b) No certificate holder may seat a
no person may unlock or open the person in a seat affected by this section
flightdeck door unless: if the certificate holder determines
(a) A person authorized to be on the that it is likely that the person would
flightdeck uses an approved audio pro- be unable to perform one or more of
cedure and an approved visual device to the applicable functions listed in para-
verify that: graph (d) of this section because—
(1) The area outside the flightdeck (1) The person lacks sufficient mobil-
door is secure, and; ity, strength, or dexterity in both arms
(2) If someone outside the flightdeck and hands, and both legs:
is seeking to have the flightdeck door (i) To reach upward, sideways, and
opened, that person is not under du- downward to the location of emergency
ress, and; exit and exit-slide operating mecha-
(b) After the requirements of para- nisms;
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graph (a) of this section have been sat- (ii) To grasp and push, pull, turn, or
isfactorily accomplished, the crew- otherwise manipulate those mecha-
member in charge on the flightdeck au- nisms;

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§ 121.585 14 CFR Ch. I (1–1–16 Edition)

(iii) To push, shove, pull, or other- tificate holder implementing exit seat-
wise open emergency exits; ing restrictions established in accord-
(iv) To lift out, hold, deposit on near- ance with this section.
by seats, or maneuver over the (d) Each certificate holder shall in-
seatbacks to the next row objects the clude on passenger information cards,
size and weight of over-wing window presented in the language in which
exit doors; briefings and oral commands are given
(v) To remove obstructions similar in by the crew, at each exit seat affected
size and weight to over-wing exit doors; by this section, information that, in
(vi) To reach the emergency exit ex- the event of an emergency in which a
peditiously; crewmember is not available to assist,
(vii) To maintain balance while re- a passenger occupying an exit seat may
moving obstructions; use if called upon to perform the fol-
(viii) To exit expeditiously; lowing functions:
(ix) To stabilize an escape slide after (1) Locate the emergency exit;
deployment; or (2) Recognize the emergency exit
(x) To assist others in getting off an opening mechanism;
escape slide; (3) Comprehend the instructions for
(2) The person is less than 15 years of operating the emergency exit;
age or lacks the capacity to perform (4) Operate the emergency exit;
one or more of the applicable functions (5) Assess whether opening the emer-
listed in paragraph (d) of this section gency exit will increase the hazards to
without the assistance of an adult com- which passengers may be exposed;
panion, parent, or other relative; (6) Follow oral directions and hand
(3) The person lacks the ability to signals given by a crewmember;
read and understand instructions re-
(7) Stow or secure the emergency exit
quired by this section and related to
door so that it will not impede use of
emergency evacuation provided by the
the exit;
certificate holder in printed or graphic
(8) Assess the condition of an escape
form or the ability to understand oral
slide, activate the slide, and stabilize
crew commands.
the slide after deployment to assist
(4) The person lacks sufficient visual
others in getting off the slide;
capacity to perform one or more of the
applicable functions in paragraph (d) of (9) Pass expeditiously through the
this section without the assistance of emergency exit; and
visual aids beyond contact lenses or (10) Assess, select, and follow a safe
eyeglasses; path away from the emergency exit.
(5) The person lacks sufficient aural (e) Each certificate holder shall in-
capacity to hear and understand in- clude on passenger information cards,
structions shouted by flight attend- at each exit seat—
ants, without assistance beyond a hear- (1) In the primary language in which
ing aid; emergency commands are given by the
(6) The person lacks the ability ade- crew, the selection criteria set forth in
quately to impart information orally paragraph (b) of this section, and a re-
to other passengers; or, quest that a passenger identify himself
(7) The person has: or herself to allow reseating if he or
(i) A condition or responsibilities, she:
such as caring for small children, that (i) Cannot meet the selection criteria
might prevent the person from per- set forth in paragraph (b) of this sec-
forming one or more of the applicable tion;
functions listed in paragraph (d) of this (ii) Has a nondiscernible condition
section; or that will prevent him or her from per-
(ii) A condition that might cause the forming the applicable functions listed
person harm if he or she performs one in paragraph (d) of this section;
or more of the applicable functions (iii) May suffer bodily harm as the re-
listed in paragraph (d) of this section. sult of performing one or more of those
lpowell on DSK54DXVN1OFR with $$_JOB

(c) Each passenger shall comply with functions; or


instructions given by a crewmember or (iv) Does not wish to perform those
other authorized employee of the cer- functions; and

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Federal Aviation Administration, DOT § 121.585

(2) In each language used by the cer- functions listed in paragraph (d) of this
tificate holder for passenger informa- section; or,
tion cards, a request that a passenger (4) Does not wish to perform those
identify himself or herself to allow re- functions listed in paragraph (d) of this
seating if he or she lacks the ability to section.
read, speak, or understand the lan- A certificate holder shall not require
guage or the graphic form in which in- the passenger to disclose his or her rea-
structions required by this section and son for needing reseating.
related to emergency evacuation are (j) [Reserved]
provided by the certificate holder, or (k) In the event a certificate holder
the ability to understand the specified determines in accordance with this sec-
language in which crew commands will tion that it is likely that a passenger
be given in an emergency. assigned to an exit seat would be un-
(3) May suffer bodily harm as the re- able to perform the functions listed in
sult of performing one or more of those paragraph (d) of this section or a pas-
functions; or, senger requests a non-exit seat, the
(4) Does not wish to perform those certificate holder shall expeditiously
functions. relocate the passenger to a non-exit
A certificate holder shall not require seat.
the passenger to disclose his or her rea- (l) In the event of full booking in the
son for needing reseating. non-exit seats and if necessary to ac-
(f) Each certificate holder shall make commodate a passenger being relocated
available for inspection by the public from an exit seat, the certificate hold-
at all passenger loading gates and tick- er shall move a passenger who is will-
et counters at each airport where it ing and able to assume the evacuation
conducts passenger operations, written functions that may be required, to an
procedures established for making de- exit seat.
terminations in regard to exit row (m) A certificate holder may deny
seating. transportation to any passenger under
(g) No certificate holder may allow this section only because—
taxi or pushback unless at least one re- (1) The passenger refuses to comply
quired crewmember has verified that with instructions given by a crew-
no exit seat is occupied by a person the member or other authorized employee
crewmember determines is likely to be of the certificate holder implementing
unable to perform the applicable func- exit seating restrictions established in
tions listed in paragraph (d) of this sec- accordance with this section, or
tion. (2) The only seat that will physically
(h) Each certificate holder shall in- accommodate the person’s handicap is
clude in its passenger briefings a ref- an exit seat.
erence to the passenger information (n) In order to comply with this sec-
cards, required by paragraphs (d) and tion certificate holders shall—
(e), the selection criteria set forth in (1) Establish procedures that address:
paragraph (b), and the functions to be (i) The criteria listed in paragraph
performed, set forth in paragraph (d) of (b) of this section;
this section. (ii) The functions listed in paragraph
(i) Each certificate holder shall in- (d) of this section;
clude in its passenger briefings a re- (iii) The requirements for airport in-
quest that a passenger identify himself formation, passenger information
or herself to allow reseating if he or cards, crewmember verification of ap-
she— propriate seating in exit seats, pas-
(1) Cannot meet the selection criteria senger briefings, seat assignments, and
set forth in paragraph (b) of this sec- denial of transportation as set forth in
tion; this section;
(2) Has a nondiscernible condition (iv) How to resolve disputes arising
that will prevent him or her from per- from implementation of this section,
forming the applicable functions listed including identification of the certifi-
lpowell on DSK54DXVN1OFR with $$_JOB

in paragraph (d) of this section; cate holder employee on the airport to


(3) May suffer bodily harm as the re- whom complaints should be addressed
sult of performing one or more of those for resolution; and,

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§ 121.586 14 CFR Ch. I (1–1–16 Edition)

(2) Submit their procedures for pre- tificate holder, after notification by
liminary review and approval to the the Administrator, shall make those
principal operations inspectors as- revisions in its procedures. Within 30
signed to them at the certificate-hold- days after the certificate holder re-
ing district office. ceives such notice, it may file a peti-
(o) Certificate holders shall assign tion to reconsider the notice with the
seats prior to boarding consistent with certificate-holding district office. The
the criteria listed in paragraph (b) and filing of a petition to reconsider stays
the functions listed in paragraph (d) of the notice pending a decision by the
this section, to the maximum extent Administrator. However, if the Admin-
feasible. istrator finds that there is an emer-
(p) The procedures required by para- gency that requires immediate action
graph (n) of this section will not be- in the interest of safety in air com-
come effective until final approval is merce, he may, upon a statement of
granted by the Director, Flight Stand- the reasons, require a change effective
ards Service, Washington, DC. Ap- without stay.
proval will be based solely upon the (d) Each certificate holder shall
safety aspects of the certificate hold- make available to the public at each
er’s procedures. airport it serves a copy of each proce-
[Doc. No. 25821, 55 FR 8072, Mar. 6, 1990, as dure it establishes in accordance with
amended by Amdt. 121–232, 57 FR 48663, Oct. paragraph (a)(1) of this section.
27, 1992; Amdt. 121–253, 61 FR 2614, Jan. 26, [Doc. No. 12881, 42 FR 18394, Apr. 7, 1977, as
1996] amended by Amdt. 121–174, 46 FR 38051, July
23, 1981; Amdt. 121–207, 54 FR 39293, Sept. 25,
§ 121.586 Authority to refuse transpor- 1989; Amdt. 121–253, 61 FR 2614, Jan. 26, 1996]
tation.
(a) No certificate holder may refuse § 121.587 Closing and locking of
transportation to a passenger on the flightcrew compartment door.
basis that, because the passenger may (a) Except as provided in paragraph
need the assistance of another person (b) of this section, a pilot in command
to move expeditiously to an exit in the of an airplane that has a lockable
event of an emergency, his transpor- flightcrew compartment door in ac-
tation would or might be inimical to cordance with § 121.313 and that is car-
safety of flight unless— rying passengers shall ensure that the
(1) The certificate holder has estab- door separating the flightcrew com-
lished procedures (including reasonable partment from the passenger compart-
notice requirements) for the carriage ment is closed and locked at all times
of passengers who may need the assist- when the aircraft is being operated.
ance of another person to move expedi- (b) The provisions of paragraph (a) of
tiously to an exit in the event of an this section do not apply at any time
emergency; and when it is necessary to permit access
(2) At least one of the following con- and egress by persons authorized in ac-
ditions exist: cordance with § 121.547 and provided the
(i) The passenger fails to comply with part 119 operator complies with FAA
the notice requirements in the certifi- approved procedures regarding the
cate holder’s procedures. opening, closing and locking of the
(ii) The passenger cannot be carried flightdeck doors.
in accordance with the certificate hold-
er’s procedures. [Doc. No. FAA–2001–11032, 67 FR 2128, Jan. 15,
(b) Each certificate holder shall pro- 2002]
vide the certificate-holding district of-
fice with a copy of each procedure it es- § 121.589 Carry-on baggage.
tablishes in accordance with paragraph (a) No certificate holder may allow
(a)(2) of this section. the boarding of carry-on baggage on an
(c) Whenever the Administrator finds airplane unless each passenger’s bag-
that revisions in the procedures de- gage has been scanned to control the
lpowell on DSK54DXVN1OFR with $$_JOB

scribed in paragraph (a)(2) of this sec- size and amount carried on board in ac-
tion are necessary in the interest of cordance with an approved carry-on
safety or in the public interest, the cer- baggage program in its operations

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Federal Aviation Administration, DOT § 121.590

specifications. In addition, no pas- (2) Between a nonemergency exit


senger may board an airplane if his/her window seat and the fuselage, if the
carry-on baggage exceeds the baggage cane is flat on the floor; or
allowance prescribed in the carry-on (3) Beneath any two nonemergency
baggage program in the certificate exit window seats, if the cane is flat on
holder’s operations specifications. the floor; or
(b) No certificate holder may allow (4) In accordance with any other
all passenger entry doors of an airplane method approved by the Adminis-
to be closed in preparation for taxi or trator.
pushback unless at least one required [Doc. No. 24996, 52 FR 21476, June 5, 1987, as
crewmember has verified that each ar- amended by Amdt. 121–251, 60 FR 65935, Dec.
ticle of baggage is stowed in accord- 20, 1995]
ance with this section and § 121.285 (c) § 121.590 Use of certificated land air-
and (d). ports in the United States.
(c) No certificate holder may allow
(a) Except as provided in paragraphs
an airplane to take off or land unless
(b) or (c) of this section, or unless au-
each article of baggage is stowed:
thorized by the Administrator under 49
(1) In a suitable closet or baggage or U.S.C. 44706(c), no air carrier and no
cargo stowage compartment placarded pilot being used by an air carrier may
for its maximum weight and providing operate, in the conduct of a domestic
proper restraint for all baggage or type operation, flag type operation, or
cargo stowed within, and in a manner supplemental type operation, an air-
that does not hinder the possible use of plane at a land airport in any State of
any emergency equipment; or the United States, the District of Co-
(2) As provided in § 121.285 (c) and (d); lumbia, or any territory or possession
or of the United States unless that air-
(3) Under a passenger seat. port is certificated under part 139 of
(d) Baggage, other than articles of this chapter. Further, after June 9, 2005
loose clothing, may not be placed in an for Class I airports and after December
overhead rack unless that rack is 9, 2005 for Class II, III, and IV airports,
equipped with approved restraining de- when an air carrier and a pilot being
vices or doors. used by the air carrier are required to
(e) Each passenger must comply with operate at an airport certificated under
instructions given by crewmembers re- part 139 of this chapter, the air carrier
garding compliance with paragraphs and the pilot may only operate at that
(a), (b), (c), (d), and (g) of this section. airport if the airport is classified under
(f) Each passenger seat under which part 139 to serve the type airplane to be
baggage is allowed to be stowed shall operated and the type of operation to
be fitted with a means to prevent arti- be conducted.
(b)(1) An air carrier and a pilot being
cles of baggage stowed under it from
used by the air carrier in the conduct
sliding forward. In addition, each aisle
of a domestic type operation, flag type
seat shall be fitted with a means to
operation, or supplemental type oper-
prevent articles of baggage stowed
ation may designate and use as a re-
under it from sliding sideward into the
quired alternate airport for departure
aisle under crash impacts severe or destination an airport that is not
enough to induce the ultimate inertia certificated under part 139 of this chap-
forces specified in the emergency land- ter.
ing condition regulations under which (2) Until December 9, 2005, an air car-
the airplane was type certificated. rier and a pilot being used by the air
(g) In addition to the methods of carrier in the conduct of domestic type
stowage in paragraph (c) of this sec- operations and flag type operations,
tion, flexible travel canes carried by may operate an airplane designed for
blind individuals may be stowed— more than 9 but less than 31 passenger
(1) Under any series of connected pas- seats, at a land airport, in any State of
lpowell on DSK54DXVN1OFR with $$_JOB

senger seats in the same row, if the the United States, the District of Co-
cane does not protrude into an aisle lumbia, or any territory or possession
and if the cane is flat on the floor; or of the United States, that does not

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§ 121.590 14 CFR Ch. I (1–1–16 Edition)

hold an airport operating certificate ernment that is not certificated under


issued under part 139 of this chapter, part 139 of this chapter only if that air-
and that serves small air carrier air- port meets the equivalent—
craft (as defined under ‘‘Air carrier air- (1) Safety standards for airports cer-
craft’’ and ‘‘Class III airport’’ in § 139.5 tificated under part 139 of this chapter;
of this Chapter). and
(c) An air carrier and a pilot used by (2) Airport classification require-
the air carrier in conducting a domes- ments under part 139 of this chapter to
tic type operation, flag type operation, serve the type airplane to be operated
or supplemental type operation may and the type of operation to be con-
operate an airplane at an airport oper- ducted.
ated by the U.S. Government that is (f) For the purpose of this section,
not certificated under part 139 of this the terms—
chapter, only if that airport meets the Domestic type operation means any do-
equivalent— mestic operation conducted with—
(1) Safety standards for airports cer- (1) An airplane designed for at least
tificated under part 139 of this chapter; 31 passenger seats (as determined by
and the aircraft type certificate issued by a
(2) Airport classification require- competent civil aviation authority) at
ments under part 139 to serve the type any land airport in any State of the
airplane to be operated and the type of United States, the District of Colum-
operation to be conducted. bia, or any territory or possession of
(d) An air carrier, a commercial oper- the United States; or
ator, and a pilot being used by the air (2) An airplane designed for more
carrier or the commercial operator— than 9 passenger seats but less than 31
when conducting a passenger-carrying passenger seats (as determined by the
airplane operation under this part that aircraft type certificate issued by a
is not a domestic type operation, a flag competent civil aviation authority) at
type operation, or a supplemental type any land airport in any State of the
operation—may operate at a land air- United States (except Alaska), the Dis-
port not certificated under part 139 of trict of Columbia, or any territory or
this chapter only when the following possession of the United States.
conditions are met: Flag type operation means any flag op-
(1) The airport is adequate for the eration conducted with—
proposed operation, considering such (1) An airplane designed for at least
items as size, surface, obstructions, 31 passenger seats (as determined by
and lighting. the aircraft type certificate issued by a
(2) For an airplane carrying pas- competent civil aviation authority) at
sengers at night, the pilot may not any land airport in any State of the
take off from, or land at, an airport un- United States, the District of Colum-
less— bia, or any territory or possession of
(i) The pilot has determined the wind the United States; or
direction from an illuminated wind di- (2) An airplane designed for more
rection indicator or local ground com- than 9 passenger seats but less than 31
munications or, in the case of takeoff, passenger seats (as determined by the
that pilot’s personal observations; and aircraft type certificate issued by a
(ii) The limits of the area to be used competent civil aviation authority) at
for landing or takeoff are clearly any land airport in any State of the
shown by boundary or runway marker United States (except Alaska), the Dis-
lights. If the area to be used for takeoff trict of Columbia, or any territory or
or landing is marked by flare pots or possession of the United States.
lanterns, their use must be authorized Supplemental type operation means
by the Administrator. any supplemental operation (except an
(e) A commercial operator and a pilot all-cargo operation) conducted with an
used by the commercial operator in airplane designed for at least 31 pas-
conducting a domestic type operation, senger seats (as determined by the air-
lpowell on DSK54DXVN1OFR with $$_JOB

flag type operation, or supplemental craft type certificate issued by a com-


type operation may operate an airplane petent civil aviation authority) at any
at an airport operated by the U.S. Gov- land airport in any State of the United

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Federal Aviation Administration, DOT § 121.601

States, the District of Columbia, or § 121.595 Dispatching authority: Flag


any territory or possession of the operations.
United States. (a) No person may start a flight un-
United States means the States of the less an aircraft dispatcher specifically
United States, the District of Colum- authorizes that flight.
bia, and the territories and possessions (b) No person may continue a flight
of the United States. from an intermediate airport without
redispatch if the airplane has been on
NOTE: Special Statutory Requirement to the ground more than six hours.
Operate to or From a Part 139 Airport. Each
air carrier that provides—in an aircraft (e.g., § 121.597 Flight release authority: Sup-
airplane, rotorcraft, etc.) designed for more plemental operations.
than 9 passenger seats—regularly scheduled
charter air transportation for which the pub- (a) No person may start a flight
lic is provided in advance a schedule con- under a flight following system with-
taining the departure location, departure out specific authority from the person
time, and arrival location of the flight must authorized by the operator to exercise
operate to and from an airport certificated operational control over the flight.
under part 139 of this chapter in accordance (b) No person may start a flight un-
with 49 U.S.C. 41104(b). That statutory provi- less the pilot in command or the person
sion contains stand-alone requirements for authorized by the operator to exercise
such air carriers and special exceptions for operational control over the flight has
operations in Alaska and outside the United executed a flight release setting forth
States. Nothing in § 121.590 exempts the air the conditions under which the flights
carriers described in this note from the re- will be conducted. The pilot in com-
quirements of 49 U.S.C. 41104(b). Certain op- mand may sign the flight release only
erations by air carriers that conduct public when he and the person authorized by
charter operations under 14 CFR part 380 are
the operator to exercise operational
covered by the statutory requirements to op-
control believe that the flight can be
erate to and from part 139 airports. See 49
U.S.C. 41104(b).
made with safety.
(c) No person may continue a flight
[Doc. No. FAA–2000–7479, 69 FR 6424, Feb. 10, from an intermediate airport without a
2004; Amdt. 121–304, 69 FR 31522, June 4, 2004] new flight release if the aircraft has
been on the ground more than six
Subpart U—Dispatching and Flight hours.
Release Rules [Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as
amended by Amdt. 121–3, 30 FR 3639, Mar. 19,
1965]
SOURCE: Docket No. 6258, 29 FR 19222, Dec.
31, 1964, unless otherwise noted.
§ 121.599 Familiarity with weather
conditions.
§ 121.591 Applicability.
(a) Domestic and flag operations. No
This subpart prescribes dispatching aircraft dispatcher may release a flight
rules for domestic and flag operations unless he is thoroughly familiar with
and flight release rules for supple- reported and forecast weather condi-
mental operations. tions on the route to be flown.
[Doc. No. 28154, 61 FR 2614, Jan. 26, 1996]
(b) Supplemental operations. No pilot
in command may begin a flight unless
§ 121.593 Dispatching authority: Do- he is thoroughly familiar with reported
mestic operations. and forecast weather conditions on the
route to be flown.
Except when an airplane lands at an
intermediate airport specified in the [Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as
amended by Amdt. 121–253, 61 FR 2614, Jan.
original dispatch release and remains
26, 1996]
there for not more than one hour, no
person may start a flight unless an air- § 121.601 Aircraft dispatcher informa-
craft dispatcher specifically authorizes tion to pilot in command: Domestic
lpowell on DSK54DXVN1OFR with $$_JOB

that flight. and flag operations.


(a) The aircraft dispatcher shall pro-
vide the pilot in command all available

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§ 121.603 14 CFR Ch. I (1–1–16 Edition)

current reports or information on air- for the approval of that route or seg-
port conditions and irregularities of ment are in satisfactory operating con-
navigation facilities that may affect dition.
the safety of the flight. (b) If, because of technical reasons or
(b) Before beginning a flight, the air- other reasons beyond the control of a
craft dispatcher shall provide the pilot certificate holder conducting flag oper-
in command with all available weather ations, the facilities required by
reports and forecasts of weather phe- §§ 121.99 and 121.103 are not available
nomena that may affect the safety of over a route or route segment outside
flight, including adverse weather phe- the United States, the certificate hold-
nomena, such as clear air turbulence, er may dispatch an airplane over that
thunderstorms, and low altitude wind route or route segment if the pilot in
shear, for each route to be flown and command and dispatcher find that
each airport to be used. communication and navigation facili-
(c) During a flight, the aircraft dis- ties equal to those required are avail-
patcher shall provide the pilot in com- able and are in satisfactory operating
mand any additional available infor- condition.
mation of meteorological conditions
(including adverse weather phenomena, [Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as
such as clear air turbulence, thunder- amended by Amdt. 121–253, 61 FR 2614, Jan.
storms, and low altitude wind shear), 26, 1996]
and irregularities of facilities and serv-
ices that may affect the safety of the § 121.609 Communication and naviga-
flight. tion facilities: Supplemental oper-
ations.
[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as
amended by Amdt. 121–134, 42 FR 27573, May
No person may release an aircraft
31, 1977; Amdt. 121–144, 43 FR 22649, May 25, over any route or route segment unless
1978; Amdt. 121–253, 61 FR 2614, Jan. 26, 1996] communication and navigation facili-
ties equal to those required by § 121.121
§ 121.603 Facilities and services: Sup- are in satisfactory operating condition.
plemental operations.
(a) Before beginning a flight, each § 121.611 Dispatch or flight release
pilot in command shall obtain all under VFR.
available current reports or informa- No person may dispatch or release an
tion on airport conditions and irreg- aircraft for VFR operation unless the
ularities of navigation facilities that ceiling and visibility en route, as indi-
may affect the safety of the flight. cated by available weather reports or
(b) During a flight, the pilot in com- forecasts, or any combination thereof,
mand shall obtain any additional avail- are and will remain at or above appli-
able information of meteorological cable VFR minimums until the aircraft
conditions and irregularities of facili- arrives at the airport or airports speci-
ties and services that may affect the fied in the dispatch or flight release.
safety of the flight.
§ 121.613 Dispatch or flight release
§ 121.605 Airplane equipment. under IFR or over the top.
No person may dispatch or release an Except as provided in § 121.615, no per-
airplane unless it is airworthy and is son may dispatch or release an aircraft
equipped as prescribed in § 121.303.
for operations under IFR or over-the-
§ 121.607 Communication and naviga- top, unless appropriate weather reports
tion facilities: Domestic and flag op- or forecasts, or any combination there-
erations. of, indicate that the weather condi-
(a) Except as provided in paragraph tions will be at or above the authorized
(b) of this section for a certificate hold- minimums at the estimated time of ar-
er conducting flag operations, no per- rival at the airport or airports to
son may dispatch an airplane over an which dispatched or released.
lpowell on DSK54DXVN1OFR with $$_JOB

approved route or route segment unless [Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as
the communication and navigation fa- amended by Amdt. 121–33, 32 FR 13912, Oct. 6,
cilities required by §§ 121.99 and 121.103 1967]

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Federal Aviation Administration, DOT § 121.621

§ 121.615 Dispatch or flight release (b) For the purpose of paragraph (a)
over water: Flag and supplemental of this section, the alternate airport
operations. weather conditions must meet the re-
(a) No person may dispatch or release quirements of the certificate holder’s
an aircraft for a flight that involves ex- operations specifications.
tended overwater operation unless ap- (c) No person may dispatch or release
propriate weather reports or forecasts an aircraft from an airport unless he
or any combination thereof, indicate lists each required alternate airport in
that the weather conditions will be at the dispatch or flight release.
or above the authorized minimums at
§ 121.619 Alternate airport for destina-
the estimated time of arrival at any tion: IFR or over-the-top: Domestic
airport to which dispatched or released operations.
or to any required alternate airport.
(a) No person may dispatch an air-
(b) Each certificate holder con-
plane under IFR or over-the-top unless
ducting a flag or supplemental oper-
he lists at least one alternate airport
ation or a domestic operation within
for each destination airport in the dis-
the State of Alaska shall conduct ex-
patch release. When the weather condi-
tended overwater operations under IFR
tions forecast for the destination and
unless it shows that operating under
first alternate airport are marginal at
IFR is not necessary for safety.
least one additional alternate must be
(c) Each certificate holder con- designated. However, no alternate air-
ducting a flag or supplemental oper- port is required if for at least 1 hour
ation or a domestic operation within before and 1 hour after the estimated
the State of Alaska shall conduct other time of arrival at the destination air-
overwater operations under IFR if the port the appropriate weather reports or
Administrator determines that oper- forecasts, or any combination of them,
ation under IFR is necessary for safety. indicate—
(d) Each authorization to conduct ex- (1) The ceiling will be at least 2,000
tended overwater operations under feet above the airport elevation; and
VFR and each requirement to conduct (2) Visibility will be at least 3 miles.
other overwater operations under IFR (b) For the purposes of paragraph (a)
will be specified in the certificate hold- of this section, the weather conditions
er’s operations specifications. at the alternate airport must meet the
[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as requirements of § 121.625.
amended by Amdt. 121–33, 32 FR 13912, Oct. 6, (c) No person may dispatch a flight
1967; Amdt. 121–253, 61 FR 2614, Jan. 26, 1996] unless he lists each required alternate
airport in the dispatch release.
§ 121.617 Alternate airport for depar-
ture. [Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as
amended by Amdt. 121–159, 45 FR 41594, June
(a) If the weather conditions at the 19, 1980]
airport of takeoff are below the landing
minimums in the certificate holder’s § 121.621 Alternate airport for destina-
operations specifications for that air- tion: Flag operations.
port, no person may dispatch or release (a) No person may dispatch an air-
an aircraft from that airport unless the plane under IFR or over-the-top unless
dispatch or flight release specifies an he lists at least one alternate airport
alternate airport located within the for each destination airport in the dis-
following distances from the airport of patch release, unless—
takeoff: (1) The flight is scheduled for not
(1) Aircraft having two engines. Not more than 6 hours and, for at least 1
more than one hour from the departure hour before and 1 hour after the esti-
airport at normal cruising speed in mated time of arrival at the destina-
still air with one engine inoperative. tion airport, the appropriate weather
(2) Aircraft having three or more en- reports or forecasts, or any combina-
gines. Not more than two hours from tion of them, indicate the ceiling will
lpowell on DSK54DXVN1OFR with $$_JOB

the departure airport at normal cruis- be:


ing speed in still air with one engine (i) At least 1,500 feet above the lowest
inoperative. circling MDA, if a circling approach is

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§ 121.623 14 CFR Ch. I (1–1–16 Edition)

required and authorized for that air- (d) No person may release a flight un-
port; or less he lists each required alternate
(ii) At least 1,500 feet above the low- airport in the flight release.
est published instrument approach [Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as
minimum or 2,000 feet above the air- amended by Amdt. 121–253, 61 FR 2614, Jan.
port elevation, whichever is greater; 26, 1996]
and
(iii) The visibility at that airport will § 121.624 ETOPS Alternate Airports.
be at least 3 miles, or 2 miles more (a) No person may dispatch or release
than the lowest applicable visibility an airplane for an ETOPS flight unless
minimums, whichever is greater, for enough ETOPS Alternate Airports are
the instrument approach procedures to listed in the dispatch or flight release
be used at the destination airport; or such that the airplane remains within
(2) The flight is over a route approved the authorized ETOPS maximum diver-
without an available alternate airport sion time. In selecting these ETOPS
for a particular destination airport and Alternate Airports, the certificate
the airplane has enough fuel to meet holder must consider all adequate air-
the requirements of § 121.641(b) or ports within the authorized ETOPS di-
§ 121.645(c). version time for the flight that meet
(b) For the purposes of paragraph (a) the standards of this part.
of this section, the weather conditions (b) No person may list an airport as
at the alternate airport must meet the an ETOPS Alternate Airport in a dis-
requirements of the certificate holder’s patch or flight release unless, when it
operations specifications. might be used (from the earliest to the
(c) No person may dispatch a flight latest possible landing time)—
unless he lists each required alternate (1) The appropriate weather reports
airport in the dispatch release. or forecasts, or any combination there-
of, indicate that the weather condi-
[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as tions will be at or above the ETOPS Al-
amended by Amdt. 121–159, 45 FR 41594, June ternate Airport minima specified in
19, 1980; Amdt. 121–253, 61 FR 2614, Jan. 26, the certificate holder’s operations
1996] specifications; and
§ 121.623 Alternate airport for destina- (2) The field condition reports indi-
tion: IFR or over-the-top: Supple- cate that a safe landing can be made.
mental operations. (c) Once a flight is en route, the
weather conditions at each ETOPS Al-
(a) Except as provided in paragraph ternate Airport must meet the require-
(b) of this section, each person releas- ments of § 121.631 (c).
ing an aircraft for operation under IFR (d) No person may list an airport as
or over-the-top shall list at least one an ETOPS Alternate Airport in the dis-
alternate airport for each destination patch or flight release unless that air-
airport in the flight release. port meets the public protection re-
(b) An alternate airport need not be quirements of § 121.97(b)(1)(ii).
designated for IFR or over-the-top op-
erations where the aircraft carries [Doc. No. FAA–2002–6717, 72 FR 1881, Jan. 16,
2007]
enough fuel to meet the requirements
of §§ 121.643 and 121.645 for flights out- § 121.625 Alternate Airport weather
side the 48 contiguous States and the minima.
District of Columbia over routes with-
Except as provided in § 121.624 for
out an available alternate airport for a
ETOPS Alternate Airports, no person
particular airport of destination.
may list an airport as an alternate in
(c) For the purposes of paragraph (a) the dispatch or flight release unless the
of this section, the weather require- appropriate weather reports or fore-
ments at the alternate airport must casts, or any combination thereof, indi-
lpowell on DSK54DXVN1OFR with $$_JOB

meet the requirements of the certifi- cate that the weather conditions will
cate holder’s operations specifications. be at or above the alternate weather
minima specified in the certificate

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Federal Aviation Administration, DOT § 121.629

holder’s operations specifications for (i) Be prepared in accordance with


that airport when the flight arrives. the limitations specified in paragraph
[Doc. No. FAA–2002–6717, 72 FR 1881, Jan. 16,
(b) of this section.
2007] (ii) Provide for the operation of the
airplane with certain instruments and
§ 121.627 Continuing flight in unsafe equipment in an inoperable condition.
conditions. (4) Records identifying the inoperable
(a) No pilot in command may allow a instruments and equipment and the in-
flight to continue toward any airport formation required by paragraph
to which it has been dispatched or re- (a)(3)(ii) of this section must be avail-
leased if, in the opinion of the pilot in able to the pilot.
command or dispatcher (domestic and (5) The airplane is operated under all
flag operations only), the flight cannot applicable conditions and limitations
be completed safely; unless, in the contained in the Minimum Equipment
opinion of the pilot in command, there List and the operations specifications
is no safer procedure. In that event, authorizing use of the Minimum Equip-
continuation toward that airport is an ment List.
emergency situation as set forth in (b) The following instruments and
§ 121.557. equipment may not be included in the
(b) If any instrument or item of Minimum Equipment List:
equipment required under this chapter (1) Instruments and equipment that
for the particular operation becomes are either specifically or otherwise re-
inoperative en route, the pilot in com- quired by the airworthiness require-
mand shall comply with the approved ments under which the airplane is type
procedures for such an occurrence as certificated and which are essential for
specified in the certificate holder’s safe operations under all operating
manual. conditions.
(2) Instruments and equipment re-
[Doc. No. 6258, 29 FR 1922, Dec. 31, 1964, as
quired by an airworthiness directive to
amended by Amdt. 121–222, 56 FR 12310, Mar.
22, 1991; Amdt. 121–253, 61 FR 2615, Jan. 26, be in operable condition unless the air-
1996] worthiness directive provides other-
wise.
§ 121.628 Inoperable instruments and (3) Instruments and equipment re-
equipment. quired for specific operations by this
(a) No person may take off an air- part.
plane with inoperable instruments or (c) Notwithstanding paragraphs (b)(1)
equipment installed unless the fol- and (b)(3) of this section, an airplane
lowing conditions are met: with inoperable instruments or equip-
(1) An approved Minimum Equipment ment may be operated under a special
List exists for that airplane. flight permit under §§ 21.197 and 21.199
(2) The certificate-holding district of- of this chapter.
fice has issued the certificate holder [Doc. No. 25780, 56 FR 12310, Mar. 22, 1991;
operations specifications authorizing Amdt. 121–222, 56 FR 14290, Apr. 8, 1991; Amdt.
operations in accordance with an ap- 121–253, 61 FR 2615, Jan. 26, 1996]
proved Minimum Equipment List. The
flight crew shall have direct access at § 121.629 Operation in icing condi-
all times prior to flight to all of the in- tions.
formation contained in the approved (a) No person may dispatch or release
Minimum Equipment List through an aircraft, continue to operate an air-
printed or other means approved by the craft en route, or land an aircraft when
Administrator in the certificate hold- in the opinion of the pilot in command
ers operations specifications. An ap- or aircraft dispatcher (domestic and
proved Minimum Equipment List, as flag operations only), icing conditions
authorized by the operations specifica- are expected or met that might ad-
tions, constitutes an approved change versely affect the safety of the flight.
to the type design without requiring (b) No person may take off an air-
lpowell on DSK54DXVN1OFR with $$_JOB

recertification. craft when frost, ice, or snow is adher-


(3) The approved Minimum Equip- ing to the wings, control surfaces, pro-
ment List must: pellers, engine inlets, or other critical

219

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§ 121.629 14 CFR Ch. I (1–1–16 Edition)

surfaces of the aircraft or when the aircraft performance and flight charac-
takeoff would not be in compliance teristics.
with paragraph (c) of this section. (v) Types and characteristics of deic-
Takeoffs with frost under the wing in ing/anti-icing fluids.
the area of the fuel tanks may be au- (vi) Cold weather preflight inspection
thorized by the Administrator. procedures;
(c) Except as provided in paragraph (vii) Techniques for recognizing con-
(d) of this section, no person may dis- tamination on the aircraft.
patch, release, or take off an aircraft (3) The certificate holder’s holdover
any time conditions are such that timetables and the procedures for the
frost, ice, or snow may reasonably be use of these tables by the certificate
expected to adhere to the aircraft, un- holder’s personnel. Holdover time is
less the certificate holder has an ap- the estimated time deicing/anti-icing
proved ground deicing/anti-icing pro- fluid will prevent the formation of
gram in its operations specifications frost or ice and the accumulation of
and unless the dispatch, release, and snow on the protected surfaces of an
takeoff comply with that program. The aircraft. Holdover time begins when
approved ground deicing/anti-icing pro- the final application of deicing/anti-
gram must include at least the fol- icing fluid commences and expires
lowing items: when the deicing/anti-icing fluid ap-
(1) A detailed description of— plied to the aircraft loses its effective-
(i) How the certificate holder deter- ness. The holdover times must be sup-
mines that conditions are such that ported by data acceptable to the Ad-
frost, ice, or snow may reasonably be ministrator. The certificate holder’s
expected to adhere to the aircraft and program must include procedures for
that ground deicing/anti-icing oper- flight crewmembers to increase or de-
ational procedures must be in effect; crease the determined holdover time in
(ii) Who is responsible for deciding changing conditions. The program
that ground deicing/anti-icing oper- must provide that takeoff after exceed-
ational procedures must be in effect; ing any maximum holdover time in the
(iii) The procedures for implementing certificate holder’s holdover timetable
ground deicing/anti-icing operational is permitted only when at least one of
procedures; the following conditions exists:
(iv) The specific duties and respon- (i) A pretakeoff contamination
sibilities of each operational position check, as defined in paragraph (c)(4) of
or group responsible for getting the this section, determines that the
aircraft safely airborne while ground wings, control surfaces, and other crit-
deicing/anti-icing operational proce- ical surfaces, as defined in the certifi-
dures are in effect. cate holder’s program, are free of frost,
(2) Initial and annual recurrent ice, or snow.
ground training and testing for flight (ii) It is otherwise determined by an
crewmembers and qualification for all alternate procedure approved by the
other affected personnel (e.g., aircraft Administrator in accordance with the
dispatchers, ground crews, contract certificate holder’s approved program
personnel) concerning the specific re- that the wings, control surfaces, and
quirements of the approved program other critical surfaces, as defined in
and each person’s responsibilities and the certificate holder’s program, are
duties under the approved program, free of frost, ice, or snow.
specifically covering the following (iii) The wings, control surfaces, and
areas: other critical surfaces are redeiced and
(i) The use of holdover times. a new holdover time is determined.
(ii) Aircraft deicing/anti-icing proce- (4) Aircraft deicing/anti-icing proce-
dures, including inspection and check dures and responsibilities, pretakeoff
procedures and responsibilities. check procedures and responsibilities,
(iii) Communications procedures. and pretakeoff contamination check
(iv) Aircraft surface contamination procedures and responsibilities. A pre-
lpowell on DSK54DXVN1OFR with $$_JOB

(i.e., adherence of frost, ice, or snow) takeoff check is a check of the air-
and critical area identification, and craft’s wings or representative aircraft
how contamination adversely affects surfaces for frost, ice, or snow within

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Federal Aviation Administration, DOT § 121.633

the aircraft’s holdover time. A pre- (1) Except as provided in paragraph


takeoff contamination check is a check (d) of this section, the weather condi-
to make sure the wings, control sur- tions at each ETOPS Alternate Airport
faces, and other critical surfaces, as de- required by § 121.624 are forecast to be
fined in the certificate holder’s pro- at or above the operating minima for
gram, are free of frost, ice, and snow. It that airport in the certificate holder’s
must be conducted within five minutes operations specifications when it
prior to beginning take off. This check might be used (from the earliest to the
must be accomplished from outside the latest possible landing time); and
aircraft unless the program specifies (2) All ETOPS Alternate Airports
otherwise. within the authorized ETOPS max-
(d) A certificate holder may continue imum diversion time are reviewed and
to operate under this section without a the flight crew advised of any changes
program as required in paragraph (c) of in conditions that have occurred since
this section, if it includes in its oper- dispatch.
ations specifications a requirement (d) If paragraph (c)(1) of this section
that, any time conditions are such that cannot be met for a specific airport,
frost, ice, or snow may reasonably be the dispatch or flight release may be
expected to adhere to the aircraft, no amended to add an ETOPS Alternate
aircraft will take off unless it has been Airport within the maximum ETOPS
checked to ensure that the wings, con- diversion time that could be authorized
trol surfaces, and other critical sur- for that flight with weather conditions
faces are free of frost, ice, and snow. at or above operating minima.
The check must occur within five min- (e) Before the ETOPS Entry Point,
utes prior to beginning takeoff. This the pilot in command for a supple-
check must be accomplished from out- mental operator or a dispatcher for a
side the aircraft. flag operator must use company com-
munications to update the flight plan
[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as if needed because of a re-evaluation of
amended by Amdt. 121–231, 57 FR 44942, Sept. aircraft system capabilities.
29, 1992; Amdt. 121–253, 61 FR 2615, Jan. 26, (f) No person may change an original
1996] destination or alternate airport that is
specified in the original dispatch or
§ 121.631 Original dispatch or flight re-
lease, redispatch or amendment of flight release to another airport while
dispatch or flight release. the aircraft is en route unless the other
airport is authorized for that type of
(a) A certificate holder may specify aircraft and the appropriate require-
any regular, provisional, or refueling ments of §§ 121.593 through 121.661 and
airport, authorized for the type of air- 121.173 are met at the time of redis-
craft, as a destination for the purpose patch or amendment of the flight re-
of original dispatch or release. lease.
(b) No person may allow a flight to (g) Each person who amends a dis-
continue to an airport to which it has patch or flight release en route shall
been dispatched or released unless the record that amendment.
weather conditions at an alternate air-
[Doc. No. 628, 29 FR 19222, Dec. 31, 1964, as
port that was specified in the dispatch amended by Amdt. 121–65, 35 FR 12709, Aug.
or flight release are forecast to be at or 11, 1970; Amdt. 121–329, 72 FR 1881, Jan. 16,
above the alternate minimums speci- 2007]
fied in the operations specifications for
that airport at the time the aircraft § 121.633 Considering time-limited sys-
would arrive at the alternate airport. tems in planning ETOPS alternates.
However, the dispatch or flight release (a) For ETOPS up to and including
may be amended en route to include 180 minutes, no person may list an air-
any alternate airport that is within the port as an ETOPS Alternate Airport in
fuel range of the aircraft as specified in a dispatch or flight release if the time
§§ 121.639 through 121.647. needed to fly to that airport (at the ap-
lpowell on DSK54DXVN1OFR with $$_JOB

(c) No person may allow a flight to proved one-engine inoperative cruise


continue beyond the ETOPS Entry speed under standard conditions in still
Point unless— air) would exceed the approved time for

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§ 121.635 14 CFR Ch. I (1–1–16 Edition)

the airplane’s most limiting ETOPS (1) The airport and related facilities
Significant System (including the air- are adequate for the operation of the
plane’s most limiting fire suppression airplane;
system time for those cargo and bag- (2) He can comply with the applicable
gage compartments required by regula- airplane operating limitations;
tion to have fire-suppression systems) (3) The airplane has been dispatched
minus 15 minutes. according to dispatching rules applica-
(b) For ETOPS beyond 180 minutes, ble to operation from an approved air-
no person may list an airport as an port; and
ETOPS Alternate Airport in a dispatch (4) The weather conditions at that
or flight release if the time needed to airport are equal to or better than the
fly to that airport: following:
(1) at the all engine operating cruise (i) Airports in the United States. The
speed, corrected for wind and tempera- weather minimums for takeoff pre-
ture, exceeds the airplane’s most lim- scribed in part 97 of this chapter; or
iting fire suppression system time where minimums are not prescribed for
minus 15 minutes for those cargo and the airport, 800–2, 900–11⁄2, or 1,000–1.
baggage compartments required by reg-
(ii) Airports outside the United States.
ulation to have fire suppression sys-
The weather minimums for takeoff pre-
tems (except as provided in paragraph
scribed or approved by the government
(c) of this section), or
of the country in which the airport is
(2) at the one-engine-inoperative
located; or where minimums are not
cruise speed, corrected for wind and
prescribed or approved for the airport,
temperature, exceeds the airplane’s
800–2, 900–11⁄2, or 1,000–1.
most limiting ETOPS Significant Sys-
tem time (other than the airplane’s (b) No pilot may take off from an al-
most limiting fire suppression system ternate airport unless the weather con-
time minus 15 minutes for those cargo ditions are at least equal to the mini-
and baggage compartments required by mums prescribed in the certificate
regulation to have fire-suppression sys- holder’s operations specifications for
tems). alternate airports.
(c) For turbine-engine powered air- [Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as
planes with more than two engines, the amended by Amdt. 121–33, 32 FR 13912, Oct. 6,
certificate holder need not meet para- 1967; Amdt. 121–253, 61 FR 2615, Jan. 26, 1996]
graph (b)(1) of this section until Feb-
ruary 15, 2013. § 121.639 Fuel supply: All domestic op-
erations.
[Doc. No. FAA–2002–6717, 72 FR 1882, Jan. 16,
2007] No person may dispatch or take off
an airplane unless it has enough fuel—
§ 121.635 Dispatch to and from refuel- (a) To fly to the airport to which it is
ing or provisional airports: Domes- dispatched;
tic and flag operations. (b) Thereafter, to fly to and land at
No person may dispatch an airplane the most distant alternate airport
to or from a refueling or provisional (where required) for the airport to
airport except in accordance with the which dispatched; and
requirements of this part applicable to (c) Thereafter, to fly for 45 minutes
dispatch from regular airports and un- at normal cruising fuel consumption
less that airport meets the require- or, for certificate holders who are au-
ments of this part applicable to regular thorized to conduct day VFR oper-
airports. ations in their operations specifica-
[Doc. No. 16383, 43 FR 22649, May 25, 1978] tions and who are operating non-
transport category airplanes type cer-
§ 121.637 Takeoffs from unlisted and tificated after December 31, 1964, to fly
alternate airports: Domestic and for 30 minutes at normal cruising fuel
flag operations. consumption for day VFR operations.
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(a) No pilot may takeoff an airplane [Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as
from an airport that is not listed in the amended by Amdt. 121–251, 60 FR 65935, Dec.
operations specifications unless— 20, 1995]

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Federal Aviation Administration, DOT § 121.645

§ 121.641 Fuel supply: Nonturbine and point in the contiguous United States,
turbo-propeller-powered airplanes: it must carry enough fuel to meet the
Flag operations. requirements of paragraphs (a) (1) and
(a) No person may dispatch or take (2) of this section and thereafter fly for
off a nonturbine or turbo-propeller- 30 minutes plus 15 percent of the total
powered airplane unless, considering time required to fly at normal cruising
the wind and other weather conditions fuel consumption to the airports speci-
expected, it has enough fuel— fied in paragraphs (a) (1) and (2) of this
(1) To fly to and land at the airport section, or to fly for 90 minutes at nor-
to which it is dispatched; mal cruising fuel consumption, which-
(2) Thereafter, to fly to and land at ever is less.
the most distant alternate airport (c) No person may release a nontur-
specified in the dispatch release; and bine or turbo-propeller-powered air-
(3) Thereafter, to fly for 30 minutes plane to an airport for which an alter-
plus 15 percent of the total time re-
nate is not specified under § 121.623(b),
quired to fly at normal cruising fuel
unless it has enough fuel, considering
consumption to the airports specified
in paragraphs (a) (1) and (2) of this sec- wind and other weather conditions ex-
tion or to fly for 90 minutes at normal pected, to fly to that airport and there-
cruising fuel consumption, whichever after to fly for three hours at normal
is less. cruising fuel consumption.
(b) No person may dispatch a nontur- [Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as
bine or turbo-propeller-powered air- amended by Amdt. 121–10, 30 FR 10025, Aug.
plane to an airport for which an alter- 12, 1965; Amdt. 121–251, 60 FR 65935, Dec. 20,
nate is not specified under 1995]
§ 121.621(a)(2), unless it has enough fuel,
considering wind and forecast weather § 121.645 Fuel supply: Turbine-engine
conditions, to fly to that airport and powered airplanes, other than
thereafter to fly for three hours at nor- turbo propeller: Flag and supple-
mal cruising fuel consumption. mental operations.
(a) Any flag operation within the 48
§ 121.643 Fuel supply: Nonturbine and contiguous United States and the Dis-
turbo-propeller-powered airplanes:
Supplemental operations. trict of Columbia may use the fuel re-
quirements of § 121.639.
(a) Except as provided in paragraph
(b) For any certificate holder con-
(b) of this section, no person may re-
ducting flag or supplemental oper-
lease for flight or takeoff a nonturbine
or turbo-propeller-powered airplane un- ations outside the 48 contiguous United
less, considering the wind and other States and the District of Columbia,
weather conditions expected, it has unless authorized by the Administrator
enough fuel— in the operations specifications, no per-
(1) To fly to and land at the airport son may release for flight or takeoff a
to which it is released; turbine-engine powered airplane (other
(2) Thereafter, to fly to and land at than a turbo-propeller powered air-
the most distant alternate airport plane) unless, considering wind and
specified in the flight release; and other weather conditions expected, it
(3) Thereafter, to fly for 45 minutes has enough fuel—
at normal cruising fuel consumption (1) To fly to and land at the airport
or, for certificate holders who are au- to which it is released;
thorized to conduct day VFR oper- (2) After that, to fly for a period of 10
ations in their operations specifica- percent of the total time required to
tions and who are operating non- fly from the airport of departure to,
transport category airplanes type cer- and land at, the airport to which it was
tificated after December 31, 1964, to fly released;
for 30 minutes at normal cruising fuel
(3) After that, to fly to and land at
consumption for day VFR operations.
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(b) If the airplane is released for any the most distant alternate airport
flight other than from one point in the specified in the flight release, if an al-
contiguous United States to another ternate is required; and

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§ 121.646 14 CFR Ch. I (1–1–16 Edition)

(4) After that, to fly for 30 minutes at (b) No person may dispatch or release
holding speed at 1,500 feet above the al- for flight an ETOPS flight unless, con-
ternate airport (or the destination air- sidering wind and other weather condi-
port if no alternate is required) under tions expected, it has the fuel other-
standard temperature conditions. wise required by this part and enough
(c) No person may release a turbine- fuel to satisfy each of the following re-
engine powered airplane (other than a quirements:
turbo-propeller airplane) to an airport (1) Fuel to fly to an ETOPS Alternate
for which an alternate is not specified Airport.
under § 121.621(a)(2) or § 121.623(b) unless (i) Fuel to account for rapid decom-
it has enough fuel, considering wind
pression and engine failure. The air-
and other weather conditions expected,
plane must carry the greater of the fol-
to fly to that airport and thereafter to
lowing amounts of fuel:
fly for at least two hours at normal
cruising fuel consumption. (A) Fuel sufficient to fly to an
(d) The Administrator may amend ETOPS Alternate Airport assuming a
the operations specifications of a cer- rapid decompression at the most crit-
tificate holder conducting flag or sup- ical point followed by descent to a safe
plemental operations to require more altitude in compliance with the oxygen
fuel than any of the minimums stated supply requirements of § 121.333 of this
in paragraph (a) or (b) of this section if chapter;
he finds that additional fuel is nec- (B) Fuel sufficient to fly to an
essary on a particular route in the in- ETOPS Alternate Airport (at the one-
terest of safety. engine-inoperative cruise speed) as-
(e) For a supplemental operation suming a rapid decompression and a si-
within the 48 contiguous States and multaneous engine failure at the most
the District of Columbia with a turbine critical point followed by descent to a
engine powered airplane the fuel re- safe altitude in compliance with the
quirements of § 121.643 apply. oxygen requirements of § 121.333 of this
[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as chapter; or
amended by Amdt. 121–10, 30 FR 10025, Aug. (C) Fuel sufficient to fly to an
12, 1965; Amdt. 121–144, 43 FR 22649, May 25, ETOPS Alternate Airport (at the one
1978; Amdt. 121–253, 61 FR 2615, Jan. 26, 1996] engine inoperative cruise speed) assum-
ing an engine failure at the most crit-
§ 121.646 En-route fuel supply: flag and
supplemental operations. ical point followed by descent to the
one engine inoperative cruise altitude.
(a) No person may dispatch or release (ii) Fuel to account for errors in wind
for flight a turbine-engine powered air-
forecasting. In calculating the amount
plane with more than two engines for a
of fuel required by paragraph (b)(1)(i) of
flight more than 90 minutes (with all
this section, the certificate holder
engines operating at cruise power)
must increase the actual forecast wind
from an Adequate Airport unless the
speed by 5% (resulting in an increase in
following fuel supply requirements are
met: headwind or a decrease in tailwind) to
(1) The airplane has enough fuel to account for any potential errors in
meet the requirements of § 121.645(b); wind forecasting. If a certificate holder
(2) The airplane has enough fuel to is not using the actual forecast wind
fly to the Adequate Airport— based on a wind model accepted by the
(i) Assuming a rapid decompression FAA, the airplane must carry addi-
at the most critical point; tional fuel equal to 5% of the fuel re-
(ii) Assuming a descent to a safe alti- quired for paragraph (b)(1)(i) of this
tude in compliance with the oxygen section, as reserve fuel to allow for er-
supply requirements of § 121.333; and rors in wind data.
(iii) Considering expected wind and (iii) Fuel to account for icing. In cal-
other weather conditions. culating the amount of fuel required by
(3) The airplane has enough fuel to paragraph (b)(1)(i) of this section (after
lpowell on DSK54DXVN1OFR with $$_JOB

hold for 15 minutes at 1500 feet above completing the wind calculation in
field elevation and conduct a normal paragraph (b)(1)(ii) of this section), the
approach and landing. certificate holder must ensure that the

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Federal Aviation Administration, DOT § 121.651

airplane carries the greater of the fol- § 121.649 Takeoff and landing weather
lowing amounts of fuel in anticipation minimums: VFR: Domestic oper-
of possible icing during the diversion: ations.
(A) Fuel that would be burned as a (a) Except as provided in paragraph
result of airframe icing during 10 per- (b) of this section, regardless of any
cent of the time icing is forecast (in- clearance from ATC, no pilot may
cluding the fuel used by engine and takeoff or land an airplane under VFR
wing anti-ice during this period). when the reported ceiling or visibility
(B) Fuel that would be used for en- is less than the following:
gine anti-ice, and if appropriate wing (1) For day operations—1,000-foot
anti-ice, for the entire time during ceiling and one-mile visibility.
which icing is forecast. (2) For night operations—1,000-foot
(iv) Fuel to account for engine dete- ceiling and two-mile visibility.
rioration. In calculating the amount of (b) Where a local surface restriction
fuel required by paragraph (b)(1)(i) of to visibility exists (e.g., smoke, dust,
this section (after completing the wind blowing snow or sand) the visibility for
calculation in paragraph (b)(1)(ii) of day and night operations may be re-
this section), the airplane also carries duced to 1⁄2 mile, if all turns after take-
fuel equal to 5% of the fuel specified off and prior to landing, and all flight
above, to account for deterioration in beyond one mile from the airport
cruise fuel burn performance unless the boundary can be accomplished above or
certificate holder has a program to outside the area of local surface visi-
monitor airplane in-service deteriora- bility restriction.
tion to cruise fuel burn performance. (c) The weather minimums in this
(2) Fuel to account for holding, ap- section do not apply to the VFR oper-
proach, and landing. In addition to the ation of fixed-wing aircraft at any of
fuel required by paragraph (b)(1) of this the locations where the special weather
section, the airplane must carry fuel minimums of § 91.157 of this chapter are
sufficient to hold at 1500 feet above not applicable (See part 91, appendix D,
field elevation for 15 minutes upon section 3 of this chapter). The basic
reaching an ETOPS Alternate Airport VFR weather minimums of § 91.155 of
and then conduct an instrument ap- this chapter apply at those locations.
proach and land. [Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as
(3) Fuel to account for APU use. If an amended by Amdt. 121–39, 33 FR 4097, Mar. 2,
APU is a required power source, the 1968; Amdt. 121–206, 54 FR 34331, Aug. 18, 1989;
Amdt. 121–226, 56 FR 65663, Dec. 17, 1991]
certificate holder must account for its
fuel consumption during the appro- § 121.651 Takeoff and landing weather
priate phases of flight. minimums: IFR: All certificate hold-
[Doc. No. FAA–2002–6717, 72 FR 1882, Jan. 16,
ers.
2007, as amended by Amdt. 121–348, 75 FR (a) Notwithstanding any clearance
12121, Mar. 15, 2010] from ATC, no pilot may begin a takeoff
in an airplane under IFR when the
§ 121.647 Factors for computing fuel weather conditions reported by the
required. U.S. National Weather Service, a
Each person computing fuel required source approved by that Service, or a
for the purposes of this subpart shall source approved by the Administrator,
consider the following: are less than those specified in—
(a) Wind and other weather condi- (1) The certificate holder’s operations
tions forecast. specifications; or
(b) Anticipated traffic delays. (2) Parts 91 and 97 of this chapter, if
(c) One instrument approach and pos- the certificate holder’s operations
sible missed approach at destination. specifications do not specify takeoff
minimums for the airport.
(d) Any other conditions that may
(b) Except as provided in paragraph
delay landing of the aircraft.
(d) of this section, no pilot may con-
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For the purposes of this section, re- tinue an approach past the final ap-
quired fuel is in addition to unusable proach fix, or where a final approach
fuel. fix is not used, begin the final approach

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§ 121.651 14 CFR Ch. I (1–1–16 Edition)

segment of an instrument approach vation using the approach lights as a


procedure— reference unless the red terminating
(1) At any airport, unless the U.S. bars or the red side row bars are also
National Weather Service, a source ap- distinctly visible and identifiable.
proved by that Service, or a source ap- (ii) The threshold.
proved by the Administrator, issues a (iii) The threshold markings.
weather report for that airport; and (iv) The threshold lights.
(2) At airports within the United (v) The runway end identifier lights.
States and its territories or at U.S.
(vi) The visual approach slope indi-
military airports, unless the latest
cator.
weather report for that airport issued
by the U.S. National Weather Service, (vii) The touchdown zone or touch-
a source approved by that Service, or a down zone markings.
source approved by the Administrator, (viii) The touchdown zone lights.
reports the visibility to be equal to or (ix) The runway or runway markings.
more than the visibility minimums (x) The runway lights; and
prescribed for that procedure. For the (4) When the aircraft is on a straight-
purpose of this section, the term ‘‘U.S. in nonprecision approach procedure
military airports’’ means airports in which incorporates a visual descent
foreign countries where flight oper- point, the aircraft has reached the vis-
ations are under the control of U.S. ual descent point, except where the air-
military authority. craft is not equipped for or capable of
(c) If a pilot has begun the final ap- establishing that point, or a descent to
proach segment of an instrument ap- the runway cannot be made using nor-
proach procedure in accordance with mal procedures or rates of descent if
paragraph (b) of this section, and after descent is delayed until reaching that
that receives a later weather report in- point.
dicating below-minimum conditions, (d) A pilot may begin the final ap-
the pilot may continue the approach to proach segment of an instrument ap-
DA/DH or MDA. Upon reaching DA/DH proach procedure other than a Cat-
or at MDA, and at any time before the egory II or Category III procedure at
missed approach point, the pilot may an airport when the visibility is less
continue the approach below DA/DH or than the visibility minimums pre-
MDA if either the requirements of scribed for that procedure if that air-
§ 91.175(l) of this chapter, or the fol-
port is served by an operative ILS and
lowing requirements are met:
an operative PAR, and both are used by
(1) The aircraft is continuously in a
the pilot. However, no pilot may con-
position from which a descent to a
tinue an approach below the authorized
landing on the intended runway can be
DA/DH unless the requirements of
made at a normal rate of descent using
normal maneuvers, and where that de- § 91.175(l) of this chapter, or the fol-
scent rate will allow touchdown to lowing requirements are met:
occur within the touchdown zone of the (1) The aircraft is continuously in a
runway of intended landing; position from which a descent to a
(2) The flight visibility is not less landing on the intended runway can be
than the visibility prescribed in the made at a normal rate of descent using
standard instrument approach proce- normal maneuvers and where such a
dure being used; descent rate will allow touchdown to
(3) Except for Category II or Cat- occur within the touchdown zone of the
egory III approaches where any nec- runway of intended landing;
essary visual reference requirements (2) The flight visibility is not less
are specified by authorization of the than the visibility prescribed in the
Administrator, at least one of the fol- standard instrument approach proce-
lowing visual references for the in- dure being used; and
tended runway is distinctly visible and (3) Except for Category II or Cat-
identifiable to the pilot: egory III approaches where any nec-
lpowell on DSK54DXVN1OFR with $$_JOB

(i) The approach light system, except essary visual reference requirements
that the pilot may not descend below are specified by the authorization of
100 feet above the touchdown zone ele- the Administrator, at least one of the

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Federal Aviation Administration, DOT § 121.655

following visual references for the in- The MDA or DA/DH and visibility
tended runway is distinctly visible and minimums need not be increased above
identifiable to the pilot: those applicable to the airport when
(i) The approach light system, except used as an alternate airport, but in no
that the pilot may not descend below event may the landing minimums be
100 feet above the touchdown zone ele- less than 300 and 1. However, a Pilot in
vation using the approach lights as a command employed by a certificate
reference unless the red terminating holder conducting operations in large
bars or the red side row bars are also aircraft under part 135 of this chapter,
distinctly visible and identifiable. may credit flight time acquired in op-
(ii) The threshold. erations conducted for that operator
(iii) The threshold markings. under part 91 in the same type airplane
(iv) The threshold lights. for up to 50 percent of the 100 hours of
(v) The runway end identifier lights. pilot in command experience required
(vi) The visual approach slope indi- by this paragraph.
cator. (b) The 100 hours of pilot in command
(vii) The touchdown zone or touch- experience required by paragraph (a) of
down zone markings. this section may be reduced (not to ex-
(viii) The touchdown zone lights.
ceed 50 percent) by substituting one
(ix) The runway or runway markings.
landing in operations under this part in
(x) The runway lights.
the type of airplane for 1 required hour
(e) For the purpose of this section,
of pilot in command experience, if the
the final approach segment begins at
pilot has at least 100 hours as pilot in
the final approach fix or facility pre-
command of another type airplane in
scribed in the instrument approach
operations under this part.
procedure. When a final approach fix is
not prescribed for a procedure that in- (c) Category II minimums and the
cludes a procedure turn, the final ap- sliding scale when authorized in the
proach segment begins at the point certificate holder’s operations speci-
where the procedure turn is completed fications do not apply until the pilot in
and the aircraft is established inbound command subject to paragraph (a) of
toward the airport on the final ap- this section meets the requirements of
proach course within the distance pre- that paragraph in the type of airplane
scribed in the procedure. he is operating.
(f) Unless otherwise authorized in the [Doc. No. 7594, 33 FR 10843, July 31, 1968, as
certificate holder’s operations speci- amended by Amdt. 121–143, 43 FR 22642, May
fications, each pilot making an IFR 25, 1978; Amdt. 121–253, 61 FR 2615, Jan. 26,
takeoff, approach, or landing at a for- 1996; Amdt. 121–333, 72 FR 31682, June 7, 2007]
eign airport shall comply with the ap-
plicable instrument approach proce- § 121.653 [Reserved]
dures and weather minimums pre-
scribed by the authority having juris- § 121.655 Applicability of reported
diction over the airport. weather minimums.

[Doc. No. 20060, 46 FR 2291, Jan. 8, 1981, as


In conducting operations under
amended by Amdt. 121–303, 69 FR 1641, Jan. 9, §§ 121.649 through 121.653, the ceiling
2004; Amdt. 121–333, 72 FR 31682, June 7, 2007] and visibility values in the main body
of the latest weather report control for
§ 121.652 Landing weather minimums: VFR and IFR takeoffs and landings and
IFR: All certificate holders. for instrument approach procedures on
(a) If the pilot in command of an air- all runways of an airport. However, if
plane has not served 100 hours as pilot the latest weather report, including an
in command in operations under this oral report from the control tower,
part in the type of airplane he is oper- contains a visibility value specified as
ating, the MDA or DA/DH and visi- runway visibility or runway visual
bility landing minimums in the certifi- range for a particular runway of an air-
cate holder’s operations specification port, that specified value controls for
lpowell on DSK54DXVN1OFR with $$_JOB

for regular, provisional, or refueling VFR and IFR landings and takeoffs and
airports are increased by 100 feet and straight-in instrument approaches for
one-half mile (or the RVR equivalent). that runway.

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§ 121.657 14 CFR Ch. I (1–1–16 Edition)

§ 121.657 Flight altitude rules. (4) The base of any higher broken or
overcast cloud cover is generally uni-
(a) General. Notwithstanding § 91.119
form and level and is at least 1,000 feet
or any rule applicable outside the
above the minimum en route IFR alti-
United States, no person may operate
tude for that route segment.
an aircraft below the minimums set
forth in paragraphs (b) and (c) of this [Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as
section, except when necessary for amended by Amdt. 121–144, 43 FR 22649, May
takeoff or landing, or except when, 25, 1978; Amdt. 121–206, 54 FR 34331, Aug. 18,
1989; Amdt. 121–253, 61 FR 2615, Jan. 26, 1996]
after considering the character of the
terrain, the quality and quantity of § 121.659 Initial approach altitude: Do-
meteorological services, the naviga- mestic and supplemental oper-
tional facilities available, and other ations.
flight conditions, the Administrator
(a) Except as provided in paragraph
prescribes other minimums for any
(b) of this section, when making an ini-
route or part of a route where he finds
tial approach to a radio navigation fa-
that the safe conduct of the flight re-
cility under IFR, no person may de-
quires other altitudes. Outside of the
scend an aircraft below the pertinent
United States the minimums pre-
minimum altitude for initial approach
scribed in this section are controlling
(as specified in the instrument ap-
unless higher minimums are prescribed
proach procedure for that facility)
in the certificate holder’s operations
until his arrival over that facility has
specifications or by the foreign country
been definitely established.
over which the aircraft is operating.
(b) When making an initial approach
(b) Day VFR operations. No certificate
on a flight being conducted under
holder conducting domestic operations
§ 121.657(d), no pilot may commence an
may operate a passenger-carrying air-
instrument approach until his arrival
craft and no certificate holder con-
over the radio facility has definitely
ducting flag or supplemental oper-
been established. In making an instru-
ations may operate any aircraft under
ment approach under these cir-
VFR during the day at an altitude less
cumstances no person may descend an
than 1,000 feet above the surface or less
aircraft lower than 1,000 feet above the
than 1,000 feet from any mountain, hill,
top of the lower cloud or the minimum
or other obstruction to flight.
altitude determined by the Adminis-
(c) Night VFR, IFR, and over-the-top trator for that part of the IFR ap-
operations. No person may operate an proach, whichever is lower.
aircraft under IFR including over-the-
top or at night under VFR at an alti- § 121.661 Initial approach altitude:
tude less than 1,000 feet above the high- Flag operations.
est obstacle within a horizontal dis- When making an initial approach to
tance of five miles from the center of a radio navigation facility under IFR,
the intended course, or, in designated no person may descend below the perti-
mountainous areas, less than 2,000 feet nent minimum altitude for initial ap-
above the highest obstacle within a proach (as specified in the instrument
horizontal distance of five miles from approach procedure for that facility)
the center of the intended course. until his arrival over that facility has
(d) Day over-the-top operations below been definitely established.
minimum en route altitudes. A person
may conduct day over-the-top oper- § 121.663 Responsibility for dispatch
ations in an airplane at flight altitudes release: Domestic and flag oper-
lower than the minimum en route IFR ations.
altitudes if— Each certificate holder conducting
(1) The operation is conducted at domestic or flag operations shall pre-
least 1,000 feet above the top of lower pare a dispatch release for each flight
broken or overcast cloud cover; between specified points, based on in-
(2) The top of the lower cloud cover is formation furnished by an authorized
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generally uniform and level; aircraft dispatcher. The pilot in com-


(3) Flight visibility is at least five mand and an authorized aircraft dis-
miles; and patcher shall sign the release only if

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Federal Aviation Administration, DOT § 121.687

they both believe that the flight can be § 121.683 Crewmember and dispatcher
made with safety. The aircraft dis- record.
patcher may delegate authority to sign (a) Each certificate holder shall—
a release for a particular flight, but he
(1) Maintain current records of each
may not delegate his authority to dis-
crewmember and each aircraft dis-
patch.
patcher (domestic and flag operations
[Doc. No. 28154, 61 FR 2615, Jan. 26, 1996] only) that show whether the crew-
member or aircraft dispatcher complies
§ 121.665 Load manifest. with the applicable sections of this
Each certificate holder is responsible chapter, including, but not limited to,
for the preparation and accuracy of a proficiency and route checks, airplane
load manifest form before each takeoff. and route qualifications, training, any
The form must be prepared and signed required physical examinations, flight,
for each flight by employees of the cer- duty, and rest time records; and
tificate holder who have the duty of su- (2) Record each action taken con-
pervising the loading of aircraft and cerning the release from employment
preparing the load manifest forms or or physical or professional disqualifica-
by other qualified persons authorized tion of any flight crewmember or air-
by the certificate holder. craft dispatcher (domestic and flag op-
erations only) and keep the record for
§ 121.667 Flight plan: VFR and IFR:
Supplemental operations. at least six months thereafter.
(b) Each certificate holder con-
(a) No person may take off an air- ducting supplemental operations shall
craft unless the pilot in command has maintain the records required by para-
filed a flight plan, containing the ap- graph (a) of this section at its principal
propriate information required by part base of operations, or at another loca-
91, with the nearest FAA communica- tion used by it and approved by the Ad-
tion station or appropriate military ministrator.
station or, when operating outside the
(c) Computer record systems ap-
United States, with other appropriate
proved by the Administrator may be
authority. However, if communications
used in complying with the require-
facilities are not readily available, the
ments of paragraph (a) of this section.
pilot in command shall file the flight
plan as soon as practicable after the [Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as
aircraft is airborne. A flight plan must amended by Amdt. 121–144, 43 FR 22649, May
continue in effect for all parts of the 25, 1978; Amdt. 121–241, 59 FR 42993, Aug. 19,
flight. 1994; Amdt. 121–253, 61 FR 2615, Jan. 26, 1996]
(b) When flights are operated into
§ 121.685 Aircraft record: Domestic
military airports, the arrival or com- and flag operations.
pletion notice required by §§ 91.153 and
91.169 may be filed with the appropriate Each certificate holder conducting
airport control tower or aeronautical domestic or flag operations shall main-
communication facility used for that tain a current list of each aircraft that
airport. it operates in scheduled air transpor-
tation and shall send a copy of the
[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as
record and each change to the certifi-
amended by Amdt. 121–206, 54 FR 34331, Aug.
18, 1989] cate-holding district office. Airplanes
of another certificate holder operated
under an interchange agreement may
Subpart V—Records and Reports be incorporated by reference.
SOURCE: Docket No. 6258, 29 FR 19226, Dec. [Doc. No. 28154, 61 FR 2615, Jan. 26, 1996]
31, 1964, unless otherwise noted.
§ 121.687 Dispatch release: Flag and
§ 121.681 Applicability. domestic operations.
This subpart prescribes requirements (a) The dispatch release may be in
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for the preparation and maintenance of any form but must contain at least the
records and reports for all certificate following information concerning each
holders. flight:

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§ 121.689 14 CFR Ch. I (1–1–16 Edition)

(1) Identification number of the air- the time the release is signed. It may
craft. include any additional available weath-
(2) Trip number. er reports or forecasts that the pilot in
(3) Departure airport, intermediate command considers necessary or desir-
stops, destination airports, and alter- able.
nate airports. (c) Each certificate holder con-
(4) A statement of the type of oper- ducting domestic or flag operations
ation (e.g., IFR, VFR). under the rules of this part applicable
(5) Minimum fuel supply. to supplemental operations shall com-
(6) For each flight dispatched as an ply with the dispatch or flight release
ETOPS flight, the ETOPS diversion forms required for scheduled operations
time for which the flight is dispatched. under this subpart.
(b) The dispatch release must con-
tain, or have attached to it, weather [Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as
amended by Amdt. 121–253, 61 FR 2615, Jan.
reports, available weather forecasts, or
26, 1996; Amdt. 121–329, 72 FR 1883, Jan. 16,
a combination thereof, for the destina- 2007]
tion airport, intermediate stops, and
alternate airports, that are the latest § 121.691 [Reserved]
available at the time the release is
signed by the pilot in command and § 121.693 Load manifest: All certificate
dispatcher. It may include any addi- holders.
tional available weather reports or The load manifest must contain the
forecasts that the pilot in command or following information concerning the
the aircraft dispatcher considers nec- loading of the airplane at takeoff time:
essary or desirable.
(a) The weight of the aircraft, fuel
[Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as and oil, cargo and baggage, passengers
amended by Amdt. 121–329, 72 FR 1883, Jan. and crewmembers.
16, 2007] (b) The maximum allowable weight
§ 121.689 Flight release form: Supple- for that flight that must not exceed
mental operations. the least of the following weights:
(1) Maximum allowable takeoff
(a) Except as provided in paragraph
weight for the runway intended to be
(c) of this section, the flight release
used (including corrections for altitude
may be in any form but must contain
and gradient, and wind and tempera-
at least the following information con-
ture conditions existing at the takeoff
cerning each flight:
time).
(1) Company or organization name.
(2) Make, model, and registration (2) Maximum takeoff weight consid-
number of the aircraft being used. ering anticipated fuel and oil consump-
(3) Flight or trip number, and date of tion that allows compliance with appli-
flight. cable en route performance limita-
(4) Name of each flight crewmember, tions.
flight attendant, and pilot designated (3) Maximum takeoff weight consid-
as pilot in command. ering anticipated fuel and oil consump-
(5) Departure airport, destination air- tion that allows compliance with the
ports, alternate airports, and route. maximum authorized design landing
(6) Minimum fuel supply (in gallons weight limitations on arrival at the
or pounds). destination airport.
(7) A statement of the type of oper- (4) Maximum takeoff weight consid-
ation (e.g., IFR, VFR). ering anticipated fuel and oil consump-
(8) For each flight released as an tion that allows compliance with land-
ETOPS flight, the ETOPS diversion ing distance limitations on arrival at
time for which the flight is released. the destination and alternate airports.
(b) The aircraft flight release must (c) The total weight computed under
contain, or have attached to it, weath- approved procedures.
er reports, available weather forecasts, (d) Evidence that the aircraft is load-
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or a combination thereof, for the des- ed according to an approved schedule


tination airport, and alternate air- that insures that the center of gravity
ports, that are the latest available at is within approved limits.

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Federal Aviation Administration, DOT § 121.703

(e) Names of passengers, unless such (d) If a flight originates at a place


information is maintained by other other than the certificate holder’s prin-
means by the certificate holder. cipal base of operations, and there is at
that place a person to manage the
[Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as
amended by Amdt. 121–159, 45 FR 41595, June flight departure for the certificate
19, 1980; Amdt. 121–253, 61 FR 2615, Jan. 26, holder who does not himself or herself
1996] depart on the airplane, signed copies of
the documents listed in paragraph (a)
§ 121.695 Disposition of load manifest, of this section may be retained at that
dispatch release, and flight plans: place for not more than 30 days before
Domestic and flag operations. being sent to the certificate holder’s
(a) The pilot in command of an air- principal base of operations. However,
plane shall carry in the airplane to its the documents for a particular flight
destination— need not be further retained at that
(1) A copy of the completed load place or be sent to the principal base of
manifest (or information from it, ex- operations, if the originals or other
cept information concerning cargo and copies of them have been previously re-
passenger distribution); turned to the principal base of oper-
(2) A copy of the dispatch release; ations.
and (e) The certificate holder conducting
(3) A copy of the flight plan. supplemental operations shall:
(b) The certificate holder shall keep (1) Identify in its operations manual
copies of the records required in this the person having custody of the copies
section for at least three months. of documents retained in accordance
with paragraph (d) of this section; and
[Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as
(2) Retain at its principal base of op-
amended by Amdt. 121–178, 47 FR 13316, Mar.
29, 1982; Amdt. 121–253, 61 FR 2616, Jan. 26, erations either an original or a copy of
1996] the records required by this section for
at least three months.
§ 121.697 Disposition of load manifest,
[Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as
flight release, and flight plans: Sup-
amended by Amdt. 121–123, 40 FR 44541, Sept.
plemental operations.
29, 1975; Amdt. 121–143, 43 FR 22642, May 25,
(a) The pilot in command of an air- 1978; Amdt. 121–178, 47 FR 13316, Mar. 29, 1982;
plane shall carry in the airplane to its Amdt. 121–253, 61 FR 2616, Jan. 26, 1996]
destination the original or a signed
copy of the— §§ 121.698–121.699 [Reserved]
(1) Load manifest;
§ 121.701 Maintenance log: Aircraft.
(2) Flight release;
(3) Airworthiness release; (a) Each person who takes action in
(4) Pilot route certification; and the case of a reported or observed fail-
(5) Flight plan. ure or malfunction of an airframe, en-
(b) If a flight originates at the cer- gine, propeller, or appliance that is
tificate holder’s principal base of oper- critical to the safety of flight shall
ations, it shall retain at that base a make, or have made, a record of that
signed copy of each document listed in action in the airplane’s maintenance
paragraph (a) of this section. log.
(c) Except as provided in paragraph (b) Each certificate holder shall have
(d) of this section, if a flight originates an approved procedure for keeping ade-
at a place other than the certificate quate copies of the record required in
holder’s principal base of operations, paragraph (a) of this section in the air-
the pilot in command (or another per- plane in a place readily accessible to
son not aboard the airplane who is au- each flight crewmember and shall put
thorized by the certificate holder) that procedure in the certificate hold-
shall, before or immediately after de- er’s manual.
parture of the flight, mail signed cop-
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ies of the documents listed in para- § 121.703 Service difficulty reports.


graph (a) of this section, to the prin- (a) Each certificate holder shall re-
cipal base of operations. port the occurrence or detection of

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§ 121.703 14 CFR Ch. I (1–1–16 Edition)

each failure, malfunction, or defect (b) For the purpose of this section
concerning— during flight means the period from the
(1) Fires during flight and whether moment the aircraft leaves the surface
the related fire-warning system func- of the earth on takeoff until it touches
tioned properly; down on landing.
(2) Fires during flight not protected (c) In addition to the reports required
by a related fire-warning system; by paragraph (a) of this section, each
(3) False fire warning during flight; certificate holder shall report any
(4) An engine exhaust system that other failure, malfunction, or defect in
causes damage during flight to the en- an aircraft that occurs or is detected at
gine, adjacent structure, equipment, or any time if, in its opinion, that failure,
components; malfunction, or defect has endangered
(5) An aircraft component that or may endanger the safe operation of
causes accumulation or circulation of an aircraft used by it.
smoke, vapor, or toxic or noxious (d) Each certificate holder shall sub-
fumes in the crew compartment or pas- mit each report required by this sec-
senger cabin during flight; tion, covering each 24-hour period be-
(6) Engine shutdown during flight be- ginning at 0900 local time of each day
cause of flameout; and ending at 0900 local time on the
(7) Engine shutdown during flight next day, to the FAA offices in Okla-
when external damage to the engine or homa City, Oklahoma. Each report of
airplane structure occurs; occurrences during a 24-hour period
(8) Engine shutdown during flight due shall be submitted to the collection
to foreign object ingestion or icing; point within the next 96 hours. How-
(9) Engine shutdown during flight of ever, a report due on Saturday or Sun-
more than one engine; day may be submitted on the following
(10) A propeller feathering system or Monday, and a report due on a holiday
ability of the system to control over- may be submitted on the next work
speed during flight; day.
(11) A fuel or fuel-dumping system (e) The certificate holder shall sub-
that affects fuel flow or causes haz- mit the reports required by this section
ardous leakage during flight; on a form or in another format accept-
(12) An unwanted landing gear exten- able to the Administrator. The reports
sion or retraction, or an unwanted shall include the following informa-
opening or closing of landing gear tion:
doors during flight; (1) Type and identification number of
(13) Brake system components that the aircraft.
result in loss of brake actuating force (2) The name of the operator.
when the airplane is in motion on the (3) The date, flight number, and stage
ground; during which the incident occurred
(14) Aircraft structure that requires (e.g., preflight, takeoff, climb, cruise,
major repair; desent landing, and inspection).
(15) Cracks, permanent deformation, (4) The emergency procedure effected
or corrosion of aircraft structures, if (e.g., unscheduled landing and emer-
more than the maximum acceptable to gency descent).
the manufacturer or the FAA; (5) The nature of the failure, mal-
(16) Aircraft components or systems function, or defect.
that result in taking emergency ac- (6) Identification of the part and sys-
tions during flight (except action to tem involved, including available infor-
shut down an engine); and mation pertaining to type designation
(17) Emergency evacuation systems of the major component and time since
or components including all exit doors, overhaul.
passenger emergency evacuation light- (7) Apparent cause of the failure,
ing systems, or evacuation equipment malfunction, or defect (e.g., wear,
that are found defective, or that fail to crack, design deficiency, or personnel
perform the intended functions during error).
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an actual emergency or during train- (8) Whether the part was repaired, re-
ing, testing, maintenance, demonstra- placed, sent to the manufacturer, or
tions, or inadvertent deployments. other action taken.

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Federal Aviation Administration, DOT § 121.709

(9) Whether the aircraft was ground- (c) The number of propeller
ed. featherings in flight, listed by type of
(10) Other pertinent information nec- propeller and engine and aircraft on
essary for more complete identifica- which it was installed. Propeller
tion, determination of seriousness, or featherings for training, demonstra-
corrective action. tion, or flight check purposes need not
(f) A certificate holder that is also be reported.
the holder of a Type Certificate (in-
cluding a Supplemental Type Certifi- [Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as
cate), a Parts Manufacturer Approval, amended by Amdt. 121–10, 30 FR 10025, Aug.
or a Technical Standard Order Author- 12, 1965; Amdt. 121–319, 70 FR 76979, Dec. 29,
2005]
ization, or that is the licensee of a type
certificate holder, need not report a § 121.707 Alteration and repair re-
failure, malfunction, or defect under ports.
this section if the failure, malfunction,
or defect has been reported by it under (a) Each certificate holder shall,
§ 21.3 of this chapter or under the acci- promptly upon its completion, prepare
dent reporting provisions of 14 CFR a report of each major alteration or
part 830. major repair of an airframe, aircraft
(g) No person may withhold a report engine, propeller, or appliance of an
required by this section even though aircraft operated by it.
all information required in this section (b) The certificate holder shall sub-
is not available. mit a copy of each report of a major al-
(h) When certificate holder gets addi- teration to, and shall keep a copy of
tional information, including informa- each report of a major repair available
tion from the manufacturer or other for inspection by, the representative of
agency, concerning a report required the Administrator who is assigned to
by this section, it shall expeditiously it.
submit it as a supplement to the first
report and reference the date and place § 121.709 Airworthiness release or air-
of submission of the first report. craft log entry.
[Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as (a) No certificate holder may operate
amended by Doc. No. 8084, 32 FR 5770, Apr. 11, an aircraft after maintenance, preven-
1967; Amdt. 121–72, 35 FR 18188, Nov. 28, 1970; tive maintenance or alterations are
Amdt. 121–143, 43 FR 22642, May 25, 1978;
Amdt. 121–178, 47 FR 13316, Mar. 29, 1982; performed on the aircraft unless the
Amdt. 121–187, 50 FR 32375, Aug. 9, 1985; certificate holder, or the person with
Amdt. 121–195, 53 FR 8728, Mar. 16, 1988; whom the certificate holder arranges
Amdt. 121–251, 60 FR 65936, Dec. 20, 1995; for the performance of the mainte-
Amdt. 121–319, 70 FR 76979, Dec. 29, 2005] nance, preventive maintenance, or al-
terations, prepares or causes to be pre-
§ 121.705 Mechanical interruption pared—
summary report.
(1) An airworthiness release; or
Each certificate holder shall submit (2) An appropriate entry in the air-
to the Administrator, before the end of craft log.
the 10th day of the following month, a
(b) The airworthiness release or log
summary report for the previous
entry required by paragraph (a) of this
month of:
section must—
(a) Each interruption to a flight, un-
scheduled change of aircraft en route, (1) Be prepared in accordance with
or unscheduled stop or diversion from a the procedures set forth in the certifi-
route, caused by known or suspected cate holder’s manual;
mechanical difficulties or malfunctions (2) Include a certification that—
that are not required to be reported (i) The work was performed in ac-
under § 121.703. cordance with the requirements of the
(b) The number of engines removed certificate holder’s manual;
prematurely because of malfunction, (ii) All items required to be inspected
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failure or defect, listed by make and were inspected by an authorized person


model and the aircraft type in which it who determined that the work was sat-
was installed. isfactorily completed;

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§ 121.711 14 CFR Ch. I (1–1–16 Edition)

(iii) No known condition exists that (4) Approximate position of the air-
would make the airplane unairworthy; craft during the contact;
and (5) Call sign; and
(iv) So far as the work performed is (6) Narrative of the contact.
concerned, the aircraft is in condition (d) The record required in paragraph
for safe operation; and (a) of this section must be kept for at
(3) Be signed by an authorized certifi- least 30 days.
cated mechanic or repairman except
that a certificated repairman may sign [Doc. No. FAA–2008–0677, 78 FR 67841, Nov. 12,
2013]
the release or entry only for the work
for which he is employed and certifi- § 121.713 Retention of contracts and
cated. amendments: Commercial operators
(c) Notwithstanding paragraph (b)(3) who conduct intrastate operations
of this section, after maintenance, pre- for compensation or hire.
ventive maintenance, or alterations (a) Each commercial operator who
performed by a repair station that is conducts intrastate operations for
located outside the United States, the compensation or hire shall keep a copy
airworthiness release or log entry re- of each written contract under which it
quired by paragraph (a) of this section provides services as a commercial oper-
may be signed by a person authorized ator for a period of at least 1 year after
by that repair station. the date of execution of the contract.
(d) When an airworthiness release In the case of an oral contract, it shall
form is prepared the certificate holder keep a memorandum stating its ele-
must give a copy to the pilot in com- ments, and of any amendments to it,
mand and must keep a record thereof for a period of at least one year after
for at least 2 months. the execution of that contract or
(e) Instead of restating each of the change.
conditions of the certification required (b) Each commercial operator who
by paragraph (b) of this section, the air conducts intrastate operations for
carrier may state in its manual that compensation or hire shall submit a fi-
the signature of an authorized certifi- nancial report for the first 6 months of
cated mechanic or repairman con- each fiscal year and another financial
stitutes that certification. report for each complete fiscal year. If
[Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as that person’s operating certificate is
amended by Amdt. 121–6, 30 FR 6432, May 8, suspended for more than 29 days, that
1965; Amdt. 121–21, 31 FR 10613, Aug. 9, 1966; person shall submit a financial report
Amdt. 121–286, 66 FR 41116, Aug. 6, 2001] as of the last day of the month in
which the suspension is terminated.
§ 121.711 Communication records: Do- The report required to be submitted by
mestic and flag operations. this section shall be submitted within
(a) Each certificate holder con- 60 days of the last day of the period
ducting domestic or flag operations covered by the report and must in-
must record each en route communica- clude—
tion between the certificate holder and (1) A balance sheet that shows assets,
its pilots using a communication sys- liabilities, and net worth on the last
tem as required by § 121.99 of this part. day of the reporting period;
(b) For purposes of this section the (2) The information required by
term en route means from the time the § 119.36 (e)(2), (e)(7), and (e)(8) of this
aircraft pushes back from the depart- chapter;
ing gate until the time the aircraft (3) An itemization of claims in litiga-
reaches the arrival gate at its destina- tion against the applicant, if any, as of
tion. the last day of the period covered by
(c) The record required in paragraph the report;
(a) of this section must contain at least (4) A profit and loss statement with
the following information: the separation of items relating to the
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(1) The date and time of the contact; applicant’s commercial operator ac-
(2) The flight number; tivities from his other business activi-
(3) Aircraft registration number; ties, if any; and

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Federal Aviation Administration, DOT § 121.805

(5) A list of each contract that gave to establish a standard of care for the
rise to operating income on the profit provision of emergency medical care.
and loss statement, including the
names and addresses of the contracting § 121.803 Emergency medical equip-
parties and the nature, scope, date, and ment.
duration of each contract. (a) No person may operate a pas-
senger-carrying airplane under this
[Doc. No. 28154, 60 FR 65936, Dec. 20, 1995, as
amended by Amdt. 121–262, 62 FR 13257, Mar.
part unless it is equipped with the
19, 1997] emergency medical equipment listed in
this section.
(b) Each equipment item listed in
Subpart W—Crewmember this section—
Certificate: International (1) Must be inspected regularly in ac-
cordance with inspection periods estab-
§ 121.721 Applicability. lished in the operations specifications
This section describes the certifi- to ensure its condition for continued
cates that were issued to United States serviceability and immediate readiness
citizens who were employed by air car- to perform its intended emergency pur-
riers at the time of issuance as flight poses;
crewmembers on United States reg- (2) Must be readily accessible to the
istered aircraft engaged in inter- crew and, with regard to equipment lo-
national air commerce. The purpose of cated in the passenger compartment,
the certificate is to facilitate the entry to passengers;
and clearance of those crewmembers (3) Must be clearly identified and
into ICAO contracting states. They clearly marked to indicate its method
were issued under Annex 9, as amended, of operation; and
to the Convention on International (4) When carried in a compartment or
Civil Aviation. container, must be carried in a com-
partment or container marked as to
[Doc. No. 28154, 61 FR 30435, June 14, 1996]
contents and the compartment or con-
§ 121.723 Surrender of international tainer, or the item itself, must be
crewmember certificate. marked as to date of last inspection.
(c) For treatment of injuries, medical
The holder of a certificate issued events, or minor accidents that might
under this section, or the air carrier by occur during flight time each airplane
whom the holder is employed, shall must have the following equipment
surrender the certificate for cancella- that meets the specifications and re-
tion at the nearest FAA Flight Stand- quirements of appendix A of this part:
ards District Office at the termination (1) Approved first-aid kits.
of the holder’s employment with that (2) In airplanes for which a flight at-
air carrier. tendant is required, an approved emer-
[Doc. No. 28154, 61 FR 30435, June 14, 1996] gency medical kit.
(3) In airplanes for which a flight at-
tendant is required, an approved emer-
Subpart X—Emergency Medical gency medical kit as modified effective
Equipment and Training April 12, 2004.
(4) In airplanes for which a flight at-
SOURCE: Docket No. FAA–2000–7119, 66 FR tendant is required and with a max-
19044, Apr. 12, 2001, unless otherwise noted. imum payload capacity of more than
7,500 pounds, an approved automated
§ 121.801 Applicability. external defibrillator as of April 12,
This subpart prescribes the emer- 2004.
gency medical equipment and training
requirements applicable to all certifi- § 121.805 Crewmember training for in-
cate holders operating passenger-car- flight medical events.
rying airplanes under this part. Noth- (a) Each training program must pro-
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ing in this subpart is intended to re- vide the instruction set forth in this
quire certificate holders or its agents section with respect to each airplane
to provide emergency medical care or type, model, and configuration, each

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§ 121.901 14 CFR Ch. I (1–1–16 Edition)

required crewmember, and each kind of holder is required or elects to have an


operation conducted, insofar as appro- approved training program under
priate for each crewmember and the §§ 121.401, 135.3(c), or 135.341 of this
certificate holder. chapter.
(b) Training must provide the fol- (c) A certificate holder obtains ap-
lowing: proval of each proposed curriculum
(1) Instruction in emergency medical under this AQP as specified in § 121.909.
event procedures, including coordina-
tion among crewmembers. § 121.903 General requirements for Ad-
(2) Instruction in the location, func- vanced Qualification Programs.
tion, and intended operation of emer-
gency medical equipment. (a) A curriculum approved under an
(3) Instruction to familiarize crew- AQP may include elements of existing
members with the content of the emer- training programs under part 121 and
gency medical kit. part 135 of this chapter. Each cur-
(4) Instruction to familiarize crew- riculum must specify the make, model,
members with the content of the emer- series or variant of aircraft and each
gency medical kit as modified on April crewmember position or other posi-
12, 2004. tions to be covered by that curriculum.
(5) For each flight attendant— Positions to be covered by the AQP
(i) Instruction, to include perform- must include all flight crewmember po-
ance drills, in the proper use of auto- sitions, flight instructors, and eval-
mated external defibrillators. uators and may include other posi-
(ii) Instruction, to include perform- tions, such as flight attendants, air-
ance drills, in cardiopulmonary resus- craft dispatchers, and other operations
citation. personnel.
(iii) Recurrent training, to include (b) Each certificate holder that ob-
performance drills, in the proper use of
tains approval of an AQP under this
an automated external defibrillators
subpart must comply with all the re-
and in cardiopulmonary resuscitation
quirements of the AQP and this sub-
at least once every 24 months.
(c) The crewmember instruction, per- part instead of the corresponding pro-
formance drills, and recurrent training visions of parts 61, 63, 65, 121, or 135 of
required under this section are not re- this chapter. However, each applicable
quired to be equivalent to the expert requirement of parts 61, 63, 65, 121, or
level of proficiency attained by profes- 135 of this chapter, including but not
sional emergency medical personnel. limited to practical test requirements,
that is not specifically addressed in the
Subpart Y—Advanced AQP continues to apply to the certifi-
cate holder and to the individuals
Qualification Program
being trained and qualified by the cer-
tificate holder. No person may be
SOURCE: Docket No. FAA–2005–20750, 70 FR
54815, Sept. 16, 2005, unless otherwise noted.
trained under an AQP unless that AQP
has been approved by the FAA and the
§ 121.901 Purpose and eligibility. person complies with all the require-
(a) Contrary provisions of parts 61, 63, ments of the AQP and this subpart.
65, 121, 135, and 142 of this chapter not- (c) No certificate holder that con-
withstanding, this subpart provides for ducts its training program under this
approval of an alternative method subpart may use any person nor may
(known as ‘‘Advanced Qualification any person serve in any duty position
Program’’ or ‘‘AQP’’) for qualifying, as a required crewmember, an aircraft
training, certifying, and otherwise en- dispatcher, an instructor, or an eval-
suring competency of crewmembers, uator, unless that person has satisfac-
aircraft dispatchers, other operations torily accomplished, in a training pro-
personnel, instructors, and evaluators gram approved under this subpart for
who are required to be trained under the certificate holder, the training and
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parts 121 and 135 of this chapter. evaluation of proficiency required by


(b) A certificate holder is eligible the AQP for that type airplane and
under this subpart if the certificate duty position.

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Federal Aviation Administration, DOT § 121.907

(d) All documentation and data re- Evaluator means a person who as-
quired under this subpart must be sub- sesses or judges the performance of
mitted in a form and manner accept- crewmembers, instructors, other eval-
able to the FAA. uators, aircraft dispatchers, or other
(e) Any training or evaluation re- operations personnel.
quired under an AQP that is satisfac- First Look means the assessment of
torily completed in the calendar month performance to determine proficiency
before or the calendar month after the on designated flight tasks before any
calendar month in which it is due is briefing, training, or practice on those
considered to have been completed in tasks is given in the training session
the calendar month it was due. for a continuing qualification cur-
riculum. First Look is conducted dur-
§ 121.905 Confidential commercial in- ing an AQP continuing qualification
formation. cycle to determine trends of degraded
(a) Each certificate holder that proficiency, if any, due in part to the
claims that AQP information or data it length of the interval between training
is submitting to the FAA is entitled to sessions.
confidential treatment under 5 U.S.C. Instructional systems development
552(b)(4) because it constitutes con- means a systematic methodology for
fidential commercial information as developing or modifying qualification
described in 5 U.S.C. 552(b)(4), and standards and associated curriculum
should be withheld from public disclo- content based on a documented anal-
sure, must include its request for con- ysis of the job tasks, skills, and knowl-
fidentiality with each submission. edge required for job proficiency.
(b) When requesting confidentiality Job task listing means a listing of all
for submitted information or data, the tasks, subtasks, knowledge, and skills
certificate holder must: required for accomplishing the oper-
(1) If the information or data is ational job.
transmitted electronically, embed the Line Operational Evaluation (LOE)
claim of confidentiality within the means a simulated line environment,
electronic record so the portions the scenario content of which is de-
claimed to be confidential are readily signed to test integrating technical
apparent when received and reviewed. and CRM skills.
Line Operational Simulation (LOS)
(2) If the information or data is sub-
means a training or evaluation session,
mitted in paper format, place the word
as applicable, that is conducted in a
‘‘CONFIDENTIAL’’ on the top of each
simulated line environment using
page containing information or data
equipment qualified and approved for
claimed to be confidential.
its intended purpose in an AQP.
(3) Justify the basis for a claim of
Planned hours means the estimated
confidentiality under 5 U.S.C. 552(b)(4).
amount of time (as specified in a cur-
§ 121.907 Definitions. riculum outline) that it takes a typical
student to complete a segment of in-
The following definitions apply to struction (to include all instruction,
this subpart: demonstration, practice, and evalua-
Crew Resource Management (CRM) tion, as appropriate, to reach pro-
means the effective use of all the re- ficiency).
sources available to crewmembers, in- Qualification standard means a state-
cluding each other, to achieve a safe ment of a minimum required perform-
and efficient flight. ance, applicable parameters, criteria,
Curriculum outline means a listing of applicable flight conditions, evaluation
each segment, module, lesson, and les- strategy, evaluation media, and appli-
son element in a curriculum, or an cable document references.
equivalent listing acceptable to the Qualification standards document
FAA. means a single document containing
Evaluation of proficiency means a Line all the qualification standards for an
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Operational Evaluation (LOE) or an AQP together with a prologue that pro-


equivalent evaluation under an AQP vides a detailed description of all fac-
acceptable to the FAA. ets of the evaluation process.

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§ 121.909 14 CFR Ch. I (1–1–16 Edition)

Special tracking means assigning a (3) Subject to approval by the FAA,


person to an augmented schedule of certificate holders may elect, where
training, checking, or both. appropriate, to consolidate informa-
Training session means a contiguously tion about multiple programs within
scheduled period devoted to training any of the documents referenced in
activities at a facility approved by the paragraph (b)(2) of this section.
FAA for that purpose. (4) The Qualification Standards Doc-
Variant means a specifically config- ument must indicate specifically the
ured aircraft for which the FAA has requirements of the parts 61, 63, 65, 121,
identified training and qualifications or 135 of this chapter, as applicable,
that are significantly different from that would be replaced by an AQP cur-
those applicable to other aircraft of the riculum. If a practical test require-
same make, model, and series. ment of parts 61, 63, 65, 121, or 135 of
this chapter is replaced by an AQP cur-
§ 121.909 Approval of Advanced Quali- riculum, the certificate holder must es-
fication Program. tablish an initial justification and a
(a) Approval process. Application for continuing process approved by the
approval of an AQP curriculum under FAA to show how the AQP curriculum
this subpart is made, through the FAA provides an equivalent level of safety
office responsible for approval of the for each requirement that is to be re-
certificate holder’s operations speci- placed.
fications, to the Manager of the Ad- (c) Application and transition. Each
vanced Qualification Program. certificate holder that applies for one
(b) Approval criteria. Each AQP must or more advanced qualification cur-
have separate curriculums for indoc- riculums must include as part of its ap-
trination, qualification, and continuing plication a proposed transition plan
qualification (including upgrade, tran- (containing a calendar of events) for
sition, and requalification), as specified moving from its present approved
in §§ 121.911, 121.913, and 121.915. All training to the advanced qualification
AQP curriculums must be based on an program training.
instructional systems development (d) Advanced Qualification Program re-
methodology. This methodology must visions or rescissions of approval. If after
incorporate a thorough analysis of the a certificate holder begins training and
certificate holder’s operations, air- qualification under an AQP, the FAA
craft, line environment and job func- finds the certificate holder is not meet-
tions. All AQP qualification and con- ing the provisions of its approved AQP,
tinuing qualification curriculums must the FAA may require the certificate
integrate the training and evaluation holder, pursuant to § 121.405(e), to make
of CRM and technical skills and knowl- revisions. Or if otherwise warranted,
edge. An application for approval of an the FAA may withdraw AQP approval
AQP curriculum may be approved if and require the certificate holder to
the program meets the following re- submit and obtain approval for a plan
quirements: (containing a schedule of events) that
the certificate holder must comply
(1) The program must meet all the re-
with and use to transition to an ap-
quirements of this subpart.
proved training program under subpart
(2) Each indoctrination, qualifica-
N of this part or under subpart H of
tion, and continuing qualification
part 135 of this chapter, as appropriate.
AQP, and derivatives must include the
The certificate holder may also volun-
following documentation:
tarily submit and obtain approval for a
(i) Initial application for AQP. plan (containing a schedule of events)
(ii) Initial job task listing. to transition to an approved training
(iii) Instructional systems develop- program under subpart N of this part
ment methodology. or under subpart H of part 135 of this
(iv) Qualification standards docu- chapter, as appropriate.
ment. (e) Approval by the FAA. Final ap-
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(v) Curriculum outline. proval of an AQP by the FAA indicates


(vi) Implementation and operations the FAA has accepted the justification
plan. provided under paragraph (b)(4) of this

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Federal Aviation Administration, DOT § 121.915

section and the applicant’s initial jus- standards of each proficiency objective
tification and continuing process es- to be trained and evaluated.
tablish an equivalent level of safety for (3) The requirements of the certifi-
each requirement of parts 61, 63, 65, 121, cate holder’s approved AQP program
and 135 of this chapter that is being re- that are in addition to or in place of,
placed. the requirements of parts 61, 63, 65, 121
or 135 of this chapter, including any ap-
§ 121.911 Indoctrination curriculum. plicable practical test requirements.
Each indoctrination curriculum must (4) A list of and text describing oper-
include the following: ating experience, evaluation/remedi-
(a) For newly hired persons being ation strategies, provisions for special
trained under an AQP: The certificate tracking, and how recency of experi-
holder’s policies and operating prac- ence requirements will be accom-
tices and general operational knowl- plished.
edge. (c) For flight crewmembers: Initial
(b) For newly hired crewmembers and operating experience and line check.
aircraft dispatchers: General aero- (d) For instructors, the following as
nautical knowledge appropriate to the appropriate:
duty position. (1) Training and evaluation activities
to qualify a person to conduct instruc-
(c) For instructors: The fundamental
tion on how to operate, or on how to
principles of the teaching and learning
ensure the safe operation of a par-
process; methods and theories of in-
ticular make, model, and series air-
struction; and the knowledge necessary
craft (or variant).
to use aircraft, flight training devices,
(2) A list of and text describing the
flight simulators, and other training
knowledge requirements, subject mate-
equipment in advanced qualification
rials, job skills, and qualification
curriculums, as appropriate.
standards of each procedure and pro-
(d) For evaluators: General evalua-
ficiency objective to be trained and
tion requirements of the AQP; methods
evaluated.
of evaluating crewmembers and air-
(3) A list of and text describing eval-
craft dispatchers and other operations
uation/remediation strategies, stand-
personnel, as appropriate, and policies
ardization policies and recency require-
and practices used to conduct the kinds
ments.
of evaluations particular to an AQP
(e) For evaluators: The requirements
(e.g., LOE).
of paragraph (d)(1) of this section plus
§ 121.913 Qualification curriculum. the following, as appropriate:
(1) Training and evaluation activities
Each qualification curriculum must that are aircraft and equipment spe-
contain training, evaluation, and cer- cific to qualify a person to assess the
tification activities, as applicable for performance of persons who operate or
specific positions subject to the AQP, who ensure the safe operation of, a par-
as follows: ticular make, model, and series air-
(a) The certificate holder’s planned craft (or variant).
hours of training, evaluation, and su- (2) A list of and text describing the
pervised operating experience. knowledge requirements, subject mate-
(b) For crewmembers, aircraft dis- rials, job skills, and qualification
patchers, and other operations per- standards of each procedure and pro-
sonnel, the following: ficiency objective to be trained and
(1) Training, evaluation, and certifi- evaluated.
cation activities that are aircraft- and (3) A list of and text describing eval-
equipment-specific to qualify a person uation/remediation strategies, stand-
for a particular duty position on, or du- ardization policies and recency require-
ties related to the operation of, a spe- ments.
cific make, model, series, or variant
aircraft. § 121.915 Continuing qualification cur-
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(2) A list of and text describing the riculum.


knowledge requirements, subject mate- Each continuing qualification cur-
rials, job skills, and qualification riculum must contain training and

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§ 121.915 14 CFR Ch. I (1–1–16 Edition)

evaluation activities, as applicable for their duties in flight: ground training


specific positions subject to the AQP, including a general review of knowl-
as follows: edge and skills covered in qualification
(a) Continuing qualification cycle. A training, updated information on newly
continuing qualification cycle that en- developed procedures, safety related in-
sures that during each cycle each per- formation, and, if applicable, a line ob-
son qualified under an AQP, including servation program.
instructors and evaluators, will receive (v) For instructors and evaluators:
a mix that will ensure training and Proficiency training in the type flight
evaluation on all events and subjects training device or the type flight simu-
necessary to ensure that each person lator, as appropriate, regarding train-
maintains proficiency in knowledge, ing equipment operation. For instruc-
technical skills, and cognitive skills tors and evaluators who are limited to
required for initial qualification in ac- conducting their duties in flight sim-
cordance with the approved continuing ulators or flight training devices:
qualification AQP, evaluation/remedi- Training in operational flight proce-
ation strategies, and provisions for spe- dures and maneuvers (normal, abnor-
cial tracking. Each continuing quali- mal, and emergency).
fication cycle must include at least the (b) Evaluation of performance. Con-
following: tinuing qualification must include
(1) Evaluation period. Initially the evaluation of performance on a sample
continuing qualification cycle is com- of those events and major subjects
prised of two or more evaluation peri- identified as diagnostic of competence
ods of equal duration. Each person and approved for that purpose by the
qualified under an AQP must receive FAA. The following evaluation require-
ground training and flight training, as ments apply:
appropriate, and an evaluation of pro- (1) Evaluation of proficiency as fol-
ficiency during each evaluation period lows:
at a training facility. The number and (i) For pilots in command, seconds in
frequency of training sessions must be command, and flight engineers: An
approved by the FAA. evaluation of proficiency, portions of
(2) Training. Continuing qualification which may be conducted in an aircraft,
must include training in all tasks, pro- flight simulator, or flight training de-
cedures and subjects required in ac- vice as approved in the certificate
cordance with the approved program holder’s curriculum that must be com-
documentation, as follows: pleted during each evaluation period.
(i) For pilots in command, seconds in (ii) For any other persons covered by
command, and flight engineers, First an AQP, a means to evaluate their pro-
Look in accordance with the certifi- ficiency in the performance of their du-
cate holder’s FAA-approved program ties in their assigned tasks in an oper-
documentation. ational setting.
(ii) For pilots in command, seconds (2) Line checks as follows:
in command, flight engineers, flight at- (i) Except as provided in paragraph
tendants, instructors and evaluators: (b)(2)(ii) of this section, for pilots in
Ground training including a general re- command: A line check conducted in
view of knowledge and skills covered in an aircraft during actual flight oper-
qualification training, updated infor- ations under part 121 or part 135 of this
mation on newly developed procedures, chapter or during operationally (line)
and safety information. oriented flights, such as ferry flights or
(iii) For crewmembers, instructors, proving flights. A line check must be
evaluators, and other operational per- completed in the calendar month at
sonnel who conduct their duties in the midpoint of the evaluation period.
flight: Proficiency training in an air- (ii) With the FAA’s approval, a no-
craft, flight training device, flight sim- notice line check strategy may be used
ulator, or other equipment, as appro- in lieu of the line check required by
priate, on normal, abnormal, and emer- paragraph (b)(2)(i) of this section. The
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gency flight procedures and maneuvers. certificate holder who elects to exer-
(iv) For dispatchers and other oper- cise this option must ensure the ‘‘no-
ational personnel who do not conduct notice’’ line checks are administered so

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Federal Aviation Administration, DOT § 121.919

the flight crewmembers are not noti- erations personnel, instructor, or eval-
fied before the evaluation. In addition, uator who has not maintained con-
the AQP certificate holder must ensure tinuing qualification.
that each pilot in command receives at
least one ‘‘no-notice’’ line check every § 121.917 Other requirements.
24 months. As a minimum, the number In addition to the requirements of
of ‘‘no-notice’’ line checks adminis- §§ 121.913 and 121.915, each AQP quali-
tered each calendar year must equal at fication and continuing qualification
least 50% of the certificate holder’s curriculum must include the following
pilot-in-command workforce in accord- requirements:
ance with a strategy approved by the (a) Integrated Crew Resource Man-
FAA for that purpose. In addition, the agement (CRM) or Dispatcher Resource
line checks to be conducted under this Management (DRM) ground and if ap-
paragraph must be conducted over all propriate flight training applicable to
geographic areas flown by the certifi- each position for which training is pro-
cate holder in accordance with a sam- vided under an AQP.
pling methodology approved by the
(b) Approved training on and evalua-
FAA for that purpose.
tion of skills and proficiency of each
(iii) During the line checks required
person being trained under AQP to use
under paragraph (b)(2)(i) and (ii) of this
his or her resource management skills
section, each person performing duties
and his or her technical (piloting or
as a pilot in command, second in com-
other) skills in an actual or simulated
mand, or flight engineer for that flight,
operations scenario. For flight crew-
must be individually evaluated to de-
members this training and evaluation
termine whether the person remains
must be conducted in an approved
adequately trained and currently pro-
flight training device, flight simulator,
ficient with respect to the particular
or, if approved under this subpart, in
aircraft, crew position, and type of op-
an aircraft.
eration in which he or she serves; and
the person has sufficient knowledge (c) Data collection and analysis proc-
and skills to operate effectively as part esses acceptable to the FAA that will
of a crew. The evaluator must be a ensure the certificate holder provides
check airman, an APD, or an FAA in- performance information on its crew-
spector and must hold the certificates members, dispatchers, instructors,
and ratings required of the pilot in evaluators, and other operations per-
command. sonnel that will enable the certificate
(c) Recency of experience. For pilots in holder and the FAA to determine
command, seconds in command, flight whether the form and content of train-
engineers, aircraft dispatchers, instruc- ing and evaluation activities are satis-
tors, evaluators, and flight attendants, factorily accomplishing the overall ob-
approved recency of experience require- jectives of the curriculum.
ments appropriate to the duty position.
§ 121.919 Certification.
(d) Duration of cycles and periods. Ini-
tially, the continuing qualification A person subject to an AQP is eligi-
cycle approved for an AQP must not ble to receive a commercial or airline
exceed 24 calendar months in duration, transport pilot, flight engineer, or air-
and must include two or more evalua- craft dispatcher certificate or appro-
tion periods of equal duration. After priate rating based on the successful
that, upon demonstration by a certifi- completion of training and evaluation
cate holder that an extension is war- events accomplished under that pro-
ranted, the FAA may approve an exten- gram if the following requirements are
sion of the continuing qualification met:
cycle to a maximum of 36 calendar (a) Training and evaluation of re-
months in duration. quired knowledge and skills under the
(e) Requalification. Each continuing AQP must meet minimum certification
qualification curriculum must include and rating criteria established by the
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a curriculum segment that covers the FAA in parts 61, 63, or 65 of this chap-
requirements for requalifying a crew- ter. The FAA may approve alternatives
member, aircraft dispatcher, other op- to the certification and rating criteria

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§ 121.921 14 CFR Ch. I (1–1–16 Edition)

of parts 61, 63, or 65 of this chapter, in- (3) Each training device approved for
cluding practical test requirements, if use in an AQP must be part of a con-
it can be demonstrated that the newly tinuing program to provide for its serv-
established criteria or requirements iceability and fitness to perform its in-
represent an equivalent or better meas- tended function as approved by the
ure of crewmember or dispatcher com- FAA.
petence, operational proficiency, and
safety. § 121.923 Approval of training, quali-
(b) The applicant satisfactorily com- fication, or evaluation by a person
pletes the appropriate qualification who provides training by arrange-
curriculum. ment.
(c) The applicant shows competence (a) A certificate holder operating
in required technical knowledge and under part 121 or part 135 of this chap-
skills (e.g., piloting or other) and crew ter may arrange to have AQP training,
resource management (e.g., CRM or qualification, evaluation, or certifi-
DRM) knowledge and skills in sce- cation functions performed by another
narios (i.e., LOE) that test both types person (a ‘‘training provider’’) if the
of knowledge and skills together. following requirements are met:
(d) The applicant is otherwise eligi- (1) The training provider is certifi-
ble under the applicable requirements
cated under part 119 or 142 of this chap-
of part 61, 63, or 65 of this chapter.
ter.
(e) The applicant has been trained to
(2) The training provider’s AQP
proficiency on the certificate holder’s
approved AQP Qualification Standards training and qualification curriculums,
as witnessed by an instructor, check curriculum segments, or portions of
airman, or APD and has passed an LOE curriculum segments must be provi-
administered by an APD or the FAA. sionally approved by the FAA. A train-
ing provider may apply for provisional
§ 121.921 Training devices and simula- approval independently or in conjunc-
tors. tion with a certificate holder’s applica-
(a) Each flight training device or air- tion for AQP approval. Application for
plane simulator that will be used in an provisional approval must be made,
AQP for one of the following purposes through the FAA office directly re-
must be evaluated by the FAA for as- sponsible for oversight of the training
signment of a flight training device or provider, to the Manager of the Ad-
flight simulator qualification level: vanced Qualification Program.
(1) Required evaluation of individual (3) The specific use of provisionally
or crew proficiency. approved curriculums, curriculum seg-
(2) Training to proficiency or train- ments, or portions of curriculum seg-
ing activities that determine if an indi- ments in a certificate holder’s AQP
vidual or crew is ready for an evalua- must be approved by the FAA as set
tion of proficiency. forth in § 121.909.
(3) Activities used to meet recency of (b) An applicant for provisional ap-
experience requirements. proval of a curriculum, curriculum seg-
(4) Line Operational Simulations ment, or portion of a curriculum seg-
(LOS). ment under this paragraph must show
(b) Approval of other training equip- the following requirements are met:
ment. (1) The applicant must have a cur-
(1) Any training equipment that is riculum for the qualification and con-
intended to be used in an AQP for pur- tinuing qualification of each instructor
poses other than those set forth in and evaluator used by the applicant.
paragraph (a) of this section must be (2) The applicant’s facilities must be
approved by the FAA for its intended found by the FAA to be adequate for
use.
any planned training, qualification, or
(2) An applicant for approval of train- evaluation for a certificate holder op-
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ing equipment under this paragraph


erating under part 121 or part 135 of
must identify the device by its nomen-
this chapter.
clature and describe its intended use.

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Federal Aviation Administration, DOT § 121.1003

(3) Except for indoctrination curricu- (4) Storage incidental to transport;


lums, the curriculum, curriculum seg- (5) Packaging of company material;
ment, or portion of a curriculum seg- or
ment must identify the specific make, (6) Loading.
model, and series aircraft (or variant) (b) Definitions. For purposes of this
and crewmember or other positions for subpart, the following definitions
which it is designed.
apply:
(c) A certificate holder who wants ap-
proval to use a training provider’s pro- (1) Company material (COMAT)—Mate-
visionally approved curriculum, cur- rial owned or used by a certificate
riculum segment, or portion of a cur- holder.
riculum segment in its AQP, must (2) Initial hazardous materials train-
show the following requirements are ing—The basic training required for
met: each newly hired person, or each per-
(1) Each instructor or evaluator used son changing job functions, who per-
by the training provider must meet all forms or directly supervises any of the
the qualification and continuing quali- job functions specified in paragraph (a)
fication requirements that apply to of this section.
employees of the certificate holder (3) Recurrent hazardous materials
that has arranged for the training, in- training—The training required every
cluding knowledge of the certificate 24 months for each person who has sat-
holder’s operations. isfactorily completed the certificate
(2) Each provisionally approved cur-
holder’s approved initial hazardous ma-
riculum, curriculum segment, or por-
terials training program and performs
tion of a curriculum segment must be
approved by the FAA for use in the cer- or directly supervises any of the job
tificate holder’s AQP. The FAA will ei- functions specified in paragraph (a) of
ther provide approval or require modi- this section.
fications to ensure that each cur-
riculum, curriculum segment, or por- § 121.1003 Hazardous materials train-
ing: General.
tion of a curriculum segment is appli-
cable to the certificate holder’s AQP. (a) Each certificate holder must es-
tablish and implement a hazardous ma-
§ 121.925 Recordkeeping requirements. terials training program that:
Each certificate holder conducting (1) Satisfies the requirements of Ap-
an approved AQP must establish and pendix O of this part;
maintain records in sufficient detail to (2) Ensures that each person per-
demonstrate the certificate holder is in forming or directly supervising any of
compliance with all the requirements the job functions specified in
of the AQP and this subpart. § 121.1001(a) is trained to comply with
all applicable parts of 49 CFR parts 171
Subpart Z—Hazardous Materials through 180 and the requirements of
Training Program this subpart; and
(3) Enables the trained person to rec-
SOURCE: Docket No. FAA–2003–15085, 70 FR ognize items that contain, or may con-
58823, Nov. 7, 2005, unless otherwise noted. tain, hazardous materials regulated by
49 CFR parts 171 through 180.
§ 121.1001 Applicability and defini-
tions. (b) Each certificate holder must pro-
vide initial hazardous materials train-
(a) This subpart prescribes the re-
ing and recurrent hazardous materials
quirements applicable to each certifi-
training to each crewmember and per-
cate holder for training each crew-
member and person performing or di- son performing or directly supervising
rectly supervising any of the following any of the job functions specified in
job functions involving any item for § 121.1001(a).
transport on board an aircraft: (c) Each certificate holder’s haz-
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(1) Acceptance; ardous materials training program


(2) Rejection; must be approved by the FAA prior to
(3) Handling; implementation.

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§ 121.1005 14 CFR Ch. I (1–1–16 Edition)

§ 121.1005 Hazardous materials train- (2) The certificate holder who trained
ing required. the person has the same operations
(a) Training requirement. Except as specifications regarding the accept-
provided in paragraphs (b), (c) and (f) of ance, handling, and transport of haz-
this section, no certificate holder may ardous materials as the certificate
use any crewmember orperson to per- holder using this exception.
form any of the job functions or direct (d) Recurrent hazardous materials
supervisory responsibilities, and no training—Completion date. A person who
person may perform any of the job satisfactorily completes recurrent haz-
functions or direct supervisory respon- ardous materials training in the cal-
sibilities, specified in § 121.1001(a) un- endar month before, or the calendar
less that person has satisfactorily com- month after, the month in which the
pleted the certificate holder’s FAA-ap- recurrent training is due, is considered
proved initial or recurrent hazardous to have taken that training during the
materials training program within the month in which it is due. If the person
past 24 months. completes this training earlier than
(b) New hire or new job function. A per- the month before it is due, the month
son who is a new hire and has not yet of the completion date becomes his or
satisfactorily completed the required her new anniversary month.
initial hazardous materials training, or (e) Repair stations. A certificate hold-
a person who is changing job functions er must ensure that each repair station
and has not received initial or recur- performing work for, or on the certifi-
rent training for a job function involv- cate holder’s behalf is notified in writ-
ing storage incidental to transport, or ing of the certificate holder’s policies
loading of items for transport on an and operations specification authoriza-
aircraft, may perform those job func- tion permitting or prohibition against
tions for not more than 30 days from the acceptance, rejection, handling,
the date of hire or a change in job func- storage incidental to transport, and
tion, if the person is under the direct transportation of hazardous materials,
visual supervision of a person who is including company material. This noti-
authorized by the certificate holder to fication requirement applies only to re-
supervise that person and who has suc- pair stations that are regulated by 49
cessfully completed the certificate CFR parts 171 through 180.
holder’s FAA-approved initial or recur- (f) Certificate holders operating at for-
rent training program within the past eign locations. This exception applies if
24 months. a certificate holder operating at a for-
(c) Persons who work for more than one eign location where the country re-
certificate holder. A certificate holder quires the certificate holder to use per-
that uses or assigns a person to per- sons working in that country to load
form or directly supervise a job func- aircraft. In such a case, the certificate
tion specified in § 121.1001(a), when that holder may use those persons even if
person also performs or directly super- they have not been trained in accord-
vises the same job function for another ance with the certificate holder’s FAA
certificate holder, need only train that approved hazardous materials training
person in its own policies and proce- program. Those persons, however, must
dures regarding those job functions, if be under the direct visual supervision
all of the following are met: of someone who has successfully com-
(1) The certificate holder using this pleted the certificate holder’s approved
exception receives written verification initial or recurrent hazardous mate-
from the person designated to hold the rials training program in accordance
training records representing the other with this part. This exception applies
certificate holder that the person has only to those persons who load air-
satisfactorily completed hazardous ma- craft.
terials training for the specific job
function under the other certificate § 121.1007 Hazardous materials train-
lpowell on DSK54DXVN1OFR with $$_JOB

holder’s FAA approved hazardous ma- ing records.


terial training program under Appen- (a) General requirement. Each certifi-
dix O of this part; and cate holder must maintain a record of

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Federal Aviation Administration, DOT § 121.1105

all training required by this part re- son performs or directly supervises the
ceived within the preceding three years job function specified in § 121.1001(a).
for each person who performs or di- Records may be maintained electroni-
rectly supervises a job function speci- cally and provided on location elec-
fied in § 121.1001(a). The record must be tronically. The record must include the
maintained during the time that the following:
person performs or directly supervises (1) A signed statement from an au-
any of those job functions, and for 90 thorized representative of the certifi-
days thereafter. These training records cate holder authorizing the use of the
must be kept for direct employees of person in accordance with the excep-
the certificate holder, as well as inde- tion;
pendent contractors, subcontractors, (2) The date of hire or change in job
and any other person who performs or function;
directly supervises these job functions (3) The person’s name and assigned
for or on behalf of the certificate hold- job function;
er. (4) The name of the supervisor of the
(b) Location of records. The certificate job function; and
holder must retain the training records (5) The date the person is to complete
required by paragraph (a) of this sec- hazardous materials training in accord-
tion for all initial and recurrent train- ance with appendix O of this part.
ing received within the preceding 3
years for all persons performing or di- Subpart AA—Continued Airworthi-
rectly supervising the job functions ness and Safety Improve-
listed in Appendix O at a designated lo- ments
cation. The records must be available
upon request at the location where the SOURCE: Amdt. 121–336, 72 FR 63411, Nov. 8,
trained person performs or directly su- 2007, unless otherwise noted.
pervises the job function specified in
§ 121.1001(a). Records may be main- § 121.1101 Purpose and definition.
tained electronically and provided on (a) This subpart requires persons
location electronically. When the per- holding an air carrier or operating cer-
son ceases to perform or directly super- tificate under part 119 of this chapter
vise a hazardous materials job func- to support the continued airworthiness
tion, the certificate holder must retain of each airplane. These requirements
the hazardous materials training may include, but are not limited to, re-
records for an additional 90 days and vising the maintenance program, incor-
make them available upon request at porating design changes, and incor-
the last location where the person porating revisions to Instructions for
worked. Continued Airworthiness.
(c) Content of records. Each record (b) For purposes of this subpart, the
must contain the following: ‘‘FAA Oversight Office’’ is the aircraft
(1) The individual’s name; certification office or office of the
(2) The most recent training comple- Transport Airplane Directorate with
tion date; oversight responsibility for the rel-
(3) A description, copy or reference to evant type certificate or supplemental
training materials used to meet the type certificate, as determined by the
training requirement; Administrator.
(4) The name and address of the orga-
nization providing the training; and § 121.1103 [Reserved]
(5) A copy of the certification issued
when the individual was trained, which § 121.1105 Aging airplane inspections
shows that a test has been completed and records reviews.
satisfactorily. (a) Applicability. This section applies
(d) New hire or new job function. Each to all airplanes operated by a certifi-
certificate holder using a person under cate holder under this part, except for
the exception in § 121.1005(b) must those airplanes operated between any
lpowell on DSK54DXVN1OFR with $$_JOB

maintain a record for that person. The point within the State of Alaska and
records must be available upon request any other point within the State of
at the location where the trained per- Alaska.

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§ 121.1107 14 CFR Ch. I (1–1–16 Edition)

(b) Operation after inspection and (2) Total time in service of the air-
records review. After the dates specified frame;
in this paragraph, a certificate holder (3) Total flight cycles of the air-
may not operate an airplane under this frame;
part unless the Administrator has noti- (4) Date of the last inspection and
fied the certificate holder that the Ad- records review required by this section;
ministrator has completed the aging (5) Current status of life-limited
airplane inspection and records review parts of the airframe;
required by this section. During the in- (6) Time since the last overhaul of all
spection and records review, the cer- structural components required to be
tificate holder must demonstrate to overhauled on a specific time basis;
the Administrator that the mainte- (7) Current inspection status of the
nance of age-sensitive parts and com- airplane, including the time since the
ponents of the airplane has been ade- last inspection required by the inspec-
quate and timely enough to ensure the tion program under which the airplane
highest degree of safety. is maintained;
(1) Airplanes exceeding 24 years in serv- (8) Current status of applicable air-
ice on December 8, 2003; initial and repet- worthiness directives, including the
itive inspections and records reviews. For date and methods of compliance, and if
an airplane that has exceeded 24 years the airworthiness directive involves re-
in service on December 8, 2003, no later curring action, the time and date when
than December 5, 2007, and thereafter the next action is required;
at intervals not to exceed 7 years. (9) A list of major structural alter-
(2) Airplanes exceeding 14 years in serv- ations; and
ice but not 24 years in service on Decem- (10) A report of major structural re-
ber 8, 2003; initial and repetitive inspec- pairs and the current inspection status
tions and records reviews. For an air- for those repairs.
(e) Notification to Administrator. Each
plane that has exceeded 14 years in
certificate holder must notify the Ad-
service but not 24 years in service on
ministrator at least 60 days before the
December 8, 2003, no later than Decem-
date on which the airplane and air-
ber 4, 2008, and thereafter at intervals
plane records will be made available
not to exceed 7 years.
for the inspection and records review.
(3) Airplanes not exceeding 14 years in
service on December 8, 2003; initial and re- [Doc. No. FAA–1999–5401, 67 FR 72761, Dec. 6,
petitive inspections and records reviews. 2002, as amended by Amdt. 121–284, 70 FR
5532, Feb. 2, 2005; Amdt. 121–310, 70 FR 23936,
For an airplane that has not exceeded
May 6, 2005. Redesignated by Amdt. 121–336,
14 years in service on December 8, 2003, 72 FR 63412, Nov. 8, 2007]
no later than 5 years after the start of
the airplane’s 15th year in service and § 121.1107 Repairs assessment for pres-
thereafter at intervals not to exceed 7 surized fuselages.
years. (a) No certificate holder may operate
(c) Unforeseen schedule conflict. In the an Airbus Model A300 (excluding the
event of an unforeseen scheduling con- –600 series), British Aerospace Model
flict for a specific airplane, the Admin- BAC 1–11, Boeing Model 707, 720, 727,
istrator may approve an extension of 737, or 747, McDonnel Douglas Model
up to 90 days beyond an interval speci- DC–8, DC–9/MD–80 or DC–10, Fokker
fied in paragraph (b) of this section. Model F28, or Lockheed Model L–1011
(d) Airplane and records availability. airplane beyond the applicable flight
The certificate holder must make cycle implementation time specified
available to the Administrator each below, or May 25, 2001, whichever oc-
airplane for which an inspection and curs later, unless operations specifica-
records review is required under this tions have been issued to reference re-
section, in a condition for inspection pair assessment guidelines applicable
specified by the Administrator, to- to the fuselage pressure boundary (fu-
gether with records containing the fol- selage skin, door skin, and bulkhead
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lowing information: webs), and those guidelines are incor-


(1) Total years in service of the air- porated in its maintenance program.
plane; The repair assessment guidelines must

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Federal Aviation Administration, DOT § 121.1109

be approved by the FAA Aircraft Cer- § 121.1109 Supplemental inspections.


tification Office (ACO), or office of the
(a) Applicability. Except as specified
Transport Airplane Directorate, having in paragraph (b) of this section, this
cognizance over the type certificate for section applies to transport category,
the affected airplane. turbine powered airplanes with a type
(1) For the Airbus Model A300 (ex- certificate issued after January 1, 1958,
cluding the –600 series), the flight cycle that as a result of original type certifi-
implementation time is: cation or later increase in capacity
(i) Model B2: 36,000 flights. have—
(ii) Model B4–100 (including Model (1) A maximum type certificated pas-
B4–2C): 30,000 flights above the window senger seating capacity of 30 or more;
line, and 36,000 flights below the win- or
dow line. (2) A maximum payload capacity of
(iii) Model B4–200: 25,500 flights above 7,500 pounds or more.
the window line, and 34,000 flights (b) Exception. This section does not
below the window line. apply to an airplane operated by a cer-
(2) For all models of the British Aero- tificate holder under this part between
space BAC 1–11, the flight cycle imple- any point within the State of Alaska
mentation time is 60,000 flights. and any other point within the State of
Alaska.
(3) For all models of the Boeing 707,
(c) General requirements. After Decem-
the flight cycle implementation time is
ber 20, 2010, a certificate holder may
15,000 flights.
not operate an airplane under this part
(4) For all models of the Boeing 720, unless the following requirements have
the flight cycle implementation time is been met:
23,000 flights. (1) Baseline Structure. The certificate
(5) For all models of the Boeing 727, holder’s maintenance program for the
the flight cycle implementation time is airplane includes FAA-approved dam-
45,000 flights. age-tolerance-based inspections and
(6) For all models of the Boeing 737, procedures for airplane structure sus-
the flight cycle implementation time is ceptible to fatigue cracking that could
60,000 flights. contribute to a catastrophic failure.
(7) For all models of the Boeing 747, For the purpose of this section, this
the flight cycle implementation time is structure is termed ‘‘fatigue critical
15,000 flights. structure.’’
(8) For all models of the McDonnell (2) Adverse effects of repairs, alter-
Douglas DC–8, the flight cycle imple- ations, and modifications. The mainte-
mentation time is 30,000 flights. nance program for the airplane in-
(9) For all models of the McDonnell cludes a means for addressing the ad-
Douglas DC–9/MD–80, the flight cycle verse effects repairs, alterations, and
modifications may have on fatigue
implementation time is 60,000 flights.
critical structure and on inspections
(10) For all models of the McDonnell required by paragraph (c)(1) of this sec-
Douglas DC–10, the flight cycle imple- tion. The means for addressing these
mentation time is 30,000 flights. adverse effects must be approved by
(11) For all models of the Lockheed the FAA Oversight Office.
L–1011, the flight cycle implementation (3) Changes to maintenance program.
time is 27,000 flights. The changes made to the maintenance
(12) For the Fokker F–28 Mark 1000, program required by paragraphs (c)(1)
2000, 3000, and 4000, the flight cycle im- and (c)(2) of this section, and any later
plementation time is 60,000 flights. revisions to these changes, must be
(b) [Reserved] submitted to the Principal Mainte-
nance Inspector for review and ap-
[Doc. No. 29104, 65 FR 24125, Apr. 25, 2000; 65
proval.
FR 50744, Aug. 21, 2000, as amended by Amdt.
121–282, 66 FR 23130, May 7, 2001; ; Amdt. 121– [Doc. No. FAA–1999–5401, 70 FR 5532, Feb. 2,
lpowell on DSK54DXVN1OFR with $$_JOB

305, 69 FR 45942, July 30, 2004. Redesignated 2005. Redesignated by Amdt. 121–336, 72 FR
and amended by Amdt. 121–336, 72 FR 63412, 63412, Nov. 8, 2007; Amdt. 121–337, 72 FR 70508,
Nov. 8, 2007] Dec. 12, 2007]

247

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§ 121.1111 14 CFR Ch. I (1–1–16 Edition)

§ 121.1111 Electrical wiring inter- (6) deHavilland D.H. 106 Comet 4C


connection systems (EWIS) mainte- (7) VFW-Vereinigte Flugtechnische
nance program. Werk VFW–614
(a) Except as provided in paragraph (8) Illyushin Aviation IL 96T
(f) of this section, this section applies (9) Bristol Aircraft Britannia 305
to transport category, turbine-powered (10) Handley Page Herald Type 300
airplanes with a type certificate issued (11) Avions Marcel Dassault—Breguet
after January 1, 1958, that, as a result Aviation Mercure 100C
of original type certification or later (12) Airbus Caravelle
increase in capacity, have— (13) Lockheed L–300
(1) A maximum type-certificated pas-
senger capacity of 30 or more, or § 121.1113 Fuel tank system mainte-
nance program.
(2) A maximum payload capacity of
7500 pounds or more. (a) Except as provided in paragraph
(b) After March 10, 2011, no certifi- (g) of this section, this section applies
cate holder may operate an airplane to transport category, turbine-powered
identified in paragraph (a) of this sec- airplanes with a type certificate issued
tion unless the maintenance program after January 1, 1958, that, as a result
for that airplane includes inspections of original type certification or later
and procedures for electrical wiring increase in capacity, have—
interconnection systems (EWIS). (1) A maximum type-certificated pas-
(c) The proposed EWIS maintenance senger capacity of 30 or more, or
program changes must be based on (2) A maximum payload capacity of
EWIS Instructions for Continued Air- 7500 pounds or more.
worthiness (ICA) that have been devel- (b) For each airplane on which an
oped in accordance with the provisions auxiliary fuel tank is installed under a
of Appendix H of part 25 of this chapter field approval, before June 16, 2008, the
applicable to each affected airplane (in- certificate holder must submit to the
cluding those ICA developed for supple- FAA Oversight Office proposed mainte-
mental type certificates installed on nance instructions for the tank that
each airplane) and that have been ap- meet the requirements of Special Fed-
proved by the FAA Oversight Office. eral Aviation Regulation No. 88 (SFAR
(1) For airplanes subject to § 26.11 of 88) of this chapter.
this chapter, the EWIS ICA must com- (c) After December 16, 2008, no certifi-
ply with paragraphs H25.5(a)(1) and (b). cate holder may operate an airplane
(2) For airplanes subject to § 25.1729 of identified in paragraph (a) of this sec-
this chapter, the EWIS ICA must com- tion unless the maintenance program
ply with paragraph H25.4 and all of for that airplane has been revised to in-
paragraph H25.5. clude applicable inspections, proce-
(d) After March 10, 2011, before re- dures, and limitations for fuel tanks
turning an airplane to service after any systems.
alterations for which EWIS ICA are de- (d) The proposed fuel tank system
veloped, the certificate holder must in- maintenance program revisions must
clude in the airplane’s maintenance be based on fuel tank system Instruc-
program inspections and procedures for tions for Continued Airworthiness
EWIS based on those ICA. (ICA) that have been developed in ac-
(e) The EWIS maintenance program cordance with the applicable provisions
changes identified in paragraphs (c) of SFAR 88 of this chapter or § 25.1529
and (d) of this section and any later and part 25, Appendix H, of this chap-
EWIS revisions must be submitted to ter, in effect on June 6, 2001 (including
the Principal Inspector for review and those developed for auxiliary fuel
approval. tanks, if any, installed under supple-
(f) This section does not apply to the mental type certificates or other de-
following airplane models: sign approval) and that have been ap-
(1) Lockheed L–188 proved by the FAA Oversight Office.
(2) Bombardier CL–44 (e) After December 16, 2008, before re-
lpowell on DSK54DXVN1OFR with $$_JOB

(3) Mitsubishi YS–11 turning an aircraft to service after any


(4) British Aerospace BAC 1–11 alteration for which fuel tank ICA are
(5) Concorde developed under SFAR 88 or under

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Federal Aviation Administration, DOT § 121.1115

§ 25.1529 in effect on June 6, 2001, the (1) Include an LOV approved under
certificate holder must include in the § 25.571 or § 26.21 of this chapter, as ap-
maintenance program for the airplane plicable, except as provided in para-
inspections and procedures for the fuel graph (f) of this section; and
tank system based on those ICA. (2) Be clearly distinguishable within
(f) The fuel tank system maintenance its maintenance program.
program changes identified in para- (c) Operation of airplanes excluded
graphs (d) and (e) of this section and from § 26.21. No certificate holder may
any later fuel tank system revisions operate an airplane identified in
must be submitted to the Principal In- § 26.21(g) of this chapter after July 14,
spector for review and approval. 2013, unless an Airworthiness Limita-
(g) This section does not apply to the tions section approved under Appendix
following airplane models: H to part 25 or § 26.21 of this chapter is
(1) Bombardier CL–44
incorporated into its maintenance pro-
(2) Concorde
gram. The ALS must—
(3) deHavilland D.H. 106 Comet 4C
(4) VFW–Vereinigte Flugtechnische (1) Include an LOV approved under
Werk VFW–614 § 25.571 or § 26.21 of this chapter, as ap-
(5) Illyushin Aviation IL 96T plicable, except as provided in para-
(6) Bristol Aircraft Britannia 305 graph (f) of this section; and
(7) Handley Page Herald Type 300 (2) Be clearly distinguishable within
(8) Avions Marcel Dassault—Breguet its maintenance program.
Aviation Mercure 100C (d) Extended limit of validity. No cer-
(9) Airbus Caravelle tificate holder may operate an airplane
(10) Lockheed L–300 beyond the LOV, or extended LOV,
specified in paragraph (b)(1), (c), (d), or
§ 121.1115 Limit of validity. (f) of this section, as applicable, unless
(a) Applicability. This section applies the following conditions are met:
to certificate holders operating any (1) An ALS must be incorporated into
transport category, turbine-powered its maintenance program that—
airplane with a maximum takeoff gross (i) Includes an extended LOV and any
weight greater than 75,000 pounds and a widespread fatigue damage airworthi-
type certificate issued after January 1, ness limitation items approved under
1958, regardless of whether the max- § 26.23 of this chapter; and
imum takeoff gross weight is a result (ii) Is approved under § 26.23 of this
of an original type certificate or a chapter.
later design change. This section also
(2) The extended LOV and the air-
applies to certificate holders operating
worthiness limitation items pertaining
any transport category, turbine-pow-
ered airplane with a type certificate to widespread fatigue damage must be
issued after January 1, 1958, regardless clearly distinguishable within its
of the maximum takeoff gross weight, maintenance program.
for which a limit of validity of the en- (e) Principal Maintenance Inspector ap-
gineering data that supports the struc- proval. Certificate holders must submit
tural maintenance program (hereafter the maintenance program revisions re-
referred to as LOV) is required in ac- quired by paragraphs (b), (c), and (d) of
cordance with § 25.571 or § 26.21 of this this section to the Principal Mainte-
chapter after January 14, 2011. nance Inspector for review and ap-
(b) Limit of validity. No certificate proval.
holder may operate an airplane identi- (f) Exception. For any airplane for
fied in paragraph (a) of this section which an LOV has not been approved as
after the applicable date identified in of the applicable compliance date spec-
Table 1 of this section unless an Air- ified in paragraph (c) or Table 1 of this
worthiness Limitations section ap- section, instead of including an ap-
proved under Appendix H to part 25 or proved LOV in the ALS, an operator
§ 26.21 of this chapter is incorporated must include the applicable default
into its maintenance program. The LOV specified in Table 1 or Table 2 of
lpowell on DSK54DXVN1OFR with $$_JOB

ALS must— this section, as applicable, in the ALS.

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§ 121.1115 14 CFR Ch. I (1–1–16 Edition)

TABLE 1—AIRPLANES SUBJECT TO § 26.21


Compliance date— Default LOV
Airplane model months after January 14, [flight cycles (FC)
2011 or flight hours (FH)]

Airbus—Existing 1 Models Only:


A300 B2–1A, B2–1C, B2K–3C, B2–203 ....................... 30 ................................... 48,000 FC
A300 B4–2C, B4–103 ................................................... 30 ................................... 40,000 FC
A300 B4–203 ................................................................ 30 ................................... 34,000 FC
A300–600 Series ........................................................... 60 ................................... 30,000 FC/67,500 FH
A310–200 Series ........................................................... 60 ................................... 40,000 FC/60,000 FH
A310–300 Series ........................................................... 60 ................................... 35,000 FC/60,000 FH
A318 Series ................................................................... 60 ................................... 48,000 FC/60,000 FH
A319 Series ................................................................... 60 ................................... 48,000 FC/60,000 FH
A320–100 Series ........................................................... 60 ................................... 48,000 FC/48,000 FH
A320–200 Series ........................................................... 60 ................................... 48,000 FC/60,000 FH
A321 Series ................................................................... 60 ................................... 48,000 FC/60,000 FH
A330–200, –300 Series (except WV050 family) (non 60 ................................... 40,000 FC/60,000 FH
enhanced).
A330–200, –300 Series WV050 family (enhanced) ..... 60 ................................... 33,000 FC/100,000 FH
A330–200 Freighter Series ........................................... 60 ................................... See NOTE.
A340–200, –300 Series (except WV 027 and WV050 60 ................................... 20,000 FC/80,000 FH
family) (non enhanced).
A340–200, –300 Series WV 027 (non enhanced) ........ 60 ................................... 30,000 FC/60,000 FH
A340–300 Series WV050 family (enhanced) ................ 60 ................................... 20,000 FC/100,000 FH
A340–500, –600 Series ................................................ 60 ................................... 16,600 FC/100,000 FH
A380–800 Series ........................................................... 72 ................................... See NOTE.
Boeing—Existing 1 Models Only:
717 ................................................................................ 60 ................................... 60,000 FC/60,000 FH
727 (all series) .............................................................. 30 ................................... 60,000 FC
737 (Classics): 737–100, –200, –200C, –300, –400, 30 ................................... 75,000 FC
–500.
737 (NG): 737–600, –700, –700C, –800, –900, 60 ................................... 75,000 FC
–900ER.
747 (Classics): 747–100, –100B, –100B SUD, –200B, 30 ................................... 20,000 FC
–200C, –200F, –300, 747SP, 747SR.
747–400: 747–400, –400D, –400F ............................... 60 ................................... 20,000 FC
757 ................................................................................ 60 ................................... 50,000 FC
767 ................................................................................ 60 ................................... 50,000 FC
777–200, –300 .............................................................. 60 ................................... 40,000 FC
777–200LR, 777–300ER ............................................... 72 ................................... 40,000 FC
777F .............................................................................. 72 ................................... 11,000 FC
Bombardier—Existing 1 Models Only:
CL–600: 2D15 (Regional Jet Series 705), 2D24 (Re- 72 ................................... 60,000 FC
gional Jet Series 900).
Embraer—Existing 1 Models Only:
ERJ 170 ........................................................................ 72 ................................... See NOTE.
ERJ 190 ........................................................................ 72 ................................... See NOTE.
Fokker—Existing 1 Models Only:
F.28 Mark 0070, Mark 0100 ......................................... 30 ................................... 90,000 FC
Lockheed—Existing 1 Models Only:
L–1011 .......................................................................... 30 ................................... 36,000 FC
188 ................................................................................ 30 ................................... 26,600 FC
382 (all series) .............................................................. 30 ................................... 20,000 FC/50,000 FH
McDonnell Douglas—Existing 1 Models Only:
DC–8, –8F ..................................................................... 30 ................................... 50,000 FC/50,000 FH
DC–9 (except for MD–80 models) ................................ 30 ................................... 100,000 FC/100,000 FH
MD–80 (DC–9–81, –82, –83, –87, MD–88) .................. 30 ................................... 50,000 FC/50,000 FH
MD–90 ........................................................................... 60 ................................... 60,000 FC/90,000 FH
DC–10–10, –15 ............................................................. 30 ................................... 42,000 FC/60,000 FH
DC–10–30, –40, –10F, –30F, –40F .............................. 30 ................................... 30,000 FC/60,000 FH
MD–10–10F ................................................................... 60 ................................... 42,000 FC/60,000 FH
MD–10–30F ................................................................... 60 ................................... 30,000 FC/60,000 FH
MD–11, MD–11F ........................................................... 60 ................................... 20,000 FC/60,000 FH
Maximum Takeoff Gross Weight Changes:
All airplanes whose maximum takeoff gross weight 30, or within 12 months Not applicable.
has been decreased to 75,000 pounds or below after the LOV is ap-
lpowell on DSK54DXVN1OFR with $$_JOB

after January 14, 2011, or increased to greater than proved, or before op-
75,000 pounds at any time by an amended type erating the airplane,
certificate or supplemental type certificate. whichever occurs lat-
est.

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Federal Aviation Administration, DOT § 121.1117

TABLE 1—AIRPLANES SUBJECT TO § 26.21—Continued


Compliance date— Default LOV
Airplane model months after January 14, [flight cycles (FC)
2011 or flight hours (FH)]

All Other Airplane Models (TCs and amended TCs) not Listed 72, or within 12 months Not applicable.
in Table 2. after the LOV is ap-
proved, or before op-
erating the airplane,
whichever occurs lat-
est.
1 Type certificated as of January 14, 2011.
Note: Airplane operation limitation is stated in the Airworthiness Limitation section.

NOTE: Airplane operation limitation is stated in the Airworthiness Limitation section.

TABLE 2—AIRPLANES EXCLUDED FROM § 26.21


Default LOV
Airplane model [flight cycles (FC)
or flight hours (FH)]

Airbus:
Caravelle .......................................................................................................................... 15,000 FC/24,000 FH
Avions Marcel Dassault:
Breguet Aviation Mercure 100C ....................................................................................... 20,000 FC/16,000 FH
Boeing:
Boeing 707 (-100 Series and –200 Series) ..................................................................... 20,000 FC
Boeing 707 (-300 Series and –400 Series) ..................................................................... 20,000 FC
Boeing 720 ....................................................................................................................... 30,000 FC
Bombardier:
CL–44D4 and CL–44J ..................................................................................................... 20,000 FC
BD–700 ............................................................................................................................ 15,000 FH
Bristol Aeroplane Company:
Britannia 305 .................................................................................................................... 10,000 FC
British Aerospace Airbus, Ltd.:
BAC 1–11 (all models) ..................................................................................................... 85,000 FC
British Aerospace (Commercial Aircraft) Ltd.:
Armstrong Whitworth Argosy A.W. 650 Series 101 ........................................................ 20,000 FC
BAE Systems (Operations) Ltd.:
BAe 146–100A (all models) ............................................................................................. 50,000 FC
BAe 146–200–07 ............................................................................................................. 50,000 FC
BAe 146–200–07 Dev ...................................................................................................... 50,000 FC
BAe 146–200–11 ............................................................................................................. 50,000 FC
BAe 146–200–07A ........................................................................................................... 47,000 FC
BAe 146–200–11 Dev ...................................................................................................... 43,000 FC
BAe 146–300 (all models) ............................................................................................... 40,000 FC
Avro 146–RJ70A (all models) .......................................................................................... 40,000 FC
Avro 146–RJ85A and 146–RJ100A (all models) ............................................................. 50,000 FC
D & R Nevada, LLC:
Convair Model 22 ............................................................................................................. 1,000 FC/1,000 FH
Convair Model 23M .......................................................................................................... 1,000 FC/1,000 FH
deHavilland Aircraft Company, Ltd.:
D.H. 106 Comet 4C ......................................................................................................... 8,000 FH
Gulfstream:
GV .................................................................................................................................... 40,000 FH
GV–SP ............................................................................................................................. 40,000 FH
Ilyushin Aviation Complex:
IL–96T .............................................................................................................................. 10,000 FC/30,000 FH
Lockheed:
300–50A01 (USAF C 141A) ............................................................................................ 20,000 FC

[Doc. No. FAA–2006–24281, 75 FR 69785, Nov. 15, 2010, as amended by Amdt. 121–360, 77 FR 30878,
May 24, 2012; Admt. 121–360A, 77 FR 55105, Sept. 7, 2012]

§ 121.1117 Flammability reduction turbine-powered airplanes with a type


means. certificate issued after January 1, 1958,
that, as a result of original type cer-
lpowell on DSK54DXVN1OFR with $$_JOB

(a) Applicability. Except as provided


in paragraph (o) of this section, this tification or later increase in capacity
section applies to transport category, have:

251

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§ 121.1117 14 CFR Ch. I (1–1–16 Edition)

(1) A maximum type-certificated pas- (2) Except in accordance with


senger capacity of 30 or more, or § 121.628, the IMM, FRM or FIMM, as
(2) A maximum payload capacity of applicable, are operational.
7,500 pounds or more. (e) Compliance Times. Except as pro-
(b) New Production Airplanes. Except vided in paragraphs (k) and (l) of this
in accordance with § 121.628, no certifi- section, the installations required by
cate holder may operate an airplane paragraph (d) of this section must be
identified in Table 1 of this section (in- accomplished no later than the appli-
cluding all-cargo airplanes) for which cable dates specified in paragraph
the State of Manufacture issued the (e)(1), (e)(2), or (e)(3) of this section.
original certificate of airworthiness or (1) Fifty percent of each certificate
export airworthiness approval after De- holder’s fleet identified in paragraph
cember 27, 2010 unless an Ignition Miti- (d)(1) of this section must be modified
gation Means (IMM) or Flammability no later than December 26, 2014.
Reduction Means (FRM) meeting the (2) One hundred percent of each cer-
requirements of § 26.33 of this chapter is tificate holder’s fleet identified in
operational. paragraph (d)(1) of this section must be
modified no later than December 26,
TABLE 1 2017.
(3) For those certificate holders that
Model—Boeing Model—Airbus
have only one airplane of a model iden-
747 Series A318, A319, A320, A321 Series tified in Table 1 of this section, the air-
737 Series A330, A340 Series plane must be modified no later than
777 Series December 26, 2017.
767 Series
(f) Compliance After Installation. Ex-
cept in accordance with § 121.628, no
(c) Auxiliary Fuel Tanks. After the ap-
certificate holder may—
plicable date stated in paragraph (e) of
(1) Operate an airplane on which IMM
this section, no certificate holder may
or FRM has been installed before the
operate any airplane subject to § 26.33
dates specified in paragraph (e) of this
of this chapter that has an Auxiliary
section unless the IMM or FRM is oper-
Fuel Tank installed pursuant to a field ational, or
approval, unless the following require-
(2) Deactivate or remove an IMM or
ments are met:
FRM once installed unless it is re-
(1) The certificate holder complies placed by a means that complies with
with 14 CFR 26.35 by the applicable paragraph (d) of this section.
date stated in that section.
(g) Maintenance Program Revisions. No
(2) The certificate holder installs certificate holder may operate an air-
Flammability Impact Mitigation plane for which airworthiness limita-
Means (FIMM), if applicable, that is tions have been approved by the FAA
approved by the FAA Oversight Office. Oversight Office in accordance with
(3) Except in accordance with §§ 26.33, 26.35, or 26.37 of this chapter
§ 121.628, the FIMM, if applicable, is after the airplane is modified in ac-
operational. cordance with paragraph (d) of this sec-
(d) Retrofit. Except as provided in tion unless the maintenance program
paragraphs (j), (k), and (l) of this sec- for that airplane is revised to include
tion, after the dates specified in para- those applicable airworthiness limita-
graph (e) of this section, no certificate tions.
holder may operate an airplane to (h) After the maintenance program is
which this section applies unless the revised as required by paragraph (g) of
requirements of paragraphs (d)(1) and this section, before returning an air-
(d)(2) of this section are met. plane to service after any alteration
(1) IMM, FRM or FIMM, if required for which airworthiness limitations are
by §§ 26.33, 26.35, or 26.37 of this chapter, required by §§ 25.981, 26.33, or 26.37 of
that are approved by the FAA Over- this chapter, the certificate holder
lpowell on DSK54DXVN1OFR with $$_JOB

sight Office, are installed within the must revise the maintenance program
compliance times specified in para- for the airplane to include those air-
graph (e) of this section. worthiness limitations.

252

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Federal Aviation Administration, DOT §§ 121.1400–121.1499

(i) The maintenance program paragraph (k)(2) of this section on each


changes identified in paragraphs (g) airplane subject to the extension.
and (h) of this section must be sub- (m) After the date by which any per-
mitted to the operator’s Principal son is required by this section to mod-
Maintenance Inspector responsible for ify 100 percent of the affected fleet, no
review and approval prior to incorpora- certificate holder may operate in pas-
tion. senger service any airplane model spec-
(j) The requirements of paragraph (d) ified in Table 2 of this section unless
of this section do not apply to air- the airplane has been modified to com-
planes operated in all-cargo service, ply with § 26.33(c) of this chapter.
but those airplanes are subject to para- (n) No certificate holder may operate
graph (f) of this section.
any airplane on which an auxiliary fuel
(k) The compliance dates specified in tank is installed after December 26,
paragraph (e) of this section may be ex-
2017 unless the FAA has certified the
tended by one year, provided that—
tank as compliant with § 25.981 of this
(1) No later than March 26, 2009, the
chapter, in effect on December 26, 2008.
certificate holder notifies its assigned
Flight Standards Office or Principal (o) Exclusions. The requirements of
Inspector that it intends to comply this section do not apply to the fol-
with this paragraph; lowing airplane models:
(2) No later than June 24, 2009, the (1) Convair CV–240, 340, 440, including
certificate holder applies for an amend- turbine powered conversions.
ment to its operations specification in (2) Lockheed L–188 Electra.
accordance with § 119.51 of this chapter (3) Vickers VC–10.
and revises the manual required by (4) Douglas DC–3, including turbine
§ 121.133 to include a requirement for powered conversions.
the airplane models specified in Table 2 (5) Bombardier CL–44.
of this section to use ground air condi- (6) Mitsubishi YS–11.
tioning systems for actual gate times (7) BAC 1–11.
of more than 30 minutes, when avail- (8) Concorde.
able at the gate and operational, when-
(9) deHavilland D.H. 106 Comet 4C.
ever the ambient temperature exceeds
(10) VFW—Vereinigte Flugtechnische
60 degrees Fahrenheit; and
VFW–614.
(3) Thereafter, the certificate holder
uses ground air conditioning systems (11) Illyushin Aviation IL 96T.
as described in paragraph (k)(2) of this (12) Bristol Aircraft Britannia 305.
section on each airplane subject to the (13) Handley Page Herald Type 300.
extension. (14) Avions Marcel Dassault—Breguet
Aviation Mercure 100C.
TABLE 2 (15) Airbus Caravelle.
Model—Boeing Model—Airbus
(16) Fokker F–27/Fairchild Hiller FH–
227.
747 Series A318, A319, A320, A321 Series (17) Lockheed L–300.
737 Series A300, A310 Series
777 Series A330, A340 Series [Doc. No. FAA–2005–22997, 73 FR 42501, July
767 Series 21, 2008, as amended by Amdt. 121–345, 74 FR
757 Series 31619, July 2, 2009]

(l) For any certificate holder for Subpart BB [Reserved]


which the operating certificate is
issued after December 26, 2008, the com- §§ 121.1200–121.1399 [Reserved]
pliance date specified in paragraph (e)
of this section may be extended by one
year, provided that the certificate Subpart CC [Reserved]
holder meets the requirements of para-
§§ 121.1400–121.1499 [Reserved]
graph (k)(2) of this section when its ini-
lpowell on DSK54DXVN1OFR with $$_JOB

tial operations specifications are


issued and, thereafter, uses ground air
conditioning systems as described in

253

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§ 121.1500 14 CFR Ch. I (1–1–16 Edition)

Subpart DD—Special Federal (4) An applicant for a type certificate


Aviation Regulations or change to a type certificate may ob-
tain a design approval without showing
§ 121.1500 SFAR No. 111—Lavatory Ox- compliance with § 25.1447(c)(1) of this
ygen Systems. chapter for lavatory oxygen systems,
in accordance with this SFAR.
(a) Applicability. This SFAR applies
(5) Each person covered by paragraph
to the following persons:
(a) of this section may inform pas-
(1) All operators of transport cat- sengers that the lavatories are not
egory airplanes that are required to equipped with supplemental oxygen.
comply with AD 2012–11–09, but only for (c) Return to service documentation.
airplanes on which the actions required When a person described in paragraph
by that AD have not been accom- (a) of this section has modified air-
plished. planes as required by Airworthiness Di-
(2) Applicants for airworthiness cer- rective 2011–04–09, the affected air-
tificates. planes must be returned to service with
(3) Holders of production certificates. a note in the airplane maintenance
(4) Applicants for type certificates, records that the modification was done
including changes to type certificates. under the provisions of this SFAR.
(b) Regulatory relief. Except as noted (d) Expiration. This SFAR expires on
in paragraph (d) of this section and September 10, 2015, except this SFAR
contrary provisions of 14 CFR part 21, will continue to apply to any airplane
and 14 CFR 25.1447, 119.51, 121.329, for which the FAA approves an exten-
121.333 and 129.13, notwithstanding, for sion of the AD compliance time for the
the duration of this SFAR: duration of the extension.
(1) A person described in paragraph [Doc. No. FAA–2011–0186, 78 FR 5710, Jan. 28,
(a) of this section may conduct flight 2013]
operations and add airplanes to oper-
ations specifications with disabled lav- APPENDIX A TO PART 121—FIRST AID
atory oxygen systems, modified in ac- KITS AND EMERGENCY MEDICAL KITS
cordance with FAA Airworthiness Di-
Approved first-aid kits, at least one ap-
rective 2011–04–09, subject to the fol- proved emergency medical kit, and at least
lowing limitations: one approved automated external
(i) This relief is limited to regulatory defibrillator required under § 121.803 of this
compliance of lavatory oxygen sys- part must be readily accessible to the crew,
tems. stored securely, and kept free from dust,
(ii) Within 30 days of March 29, 2013, moisture, and damaging temperatures.
all oxygen masks must be removed FIRST-AID KITS
from affected lavatories, and the mask
1. The minimum number of first aid kits
stowage location must be reclosed.
required is set forth in the following table:
(iii) Within 60 days of March 29, 2013
each affected operator must verify that No. of
No. of passenger seats first-aid
crew emergency procedures specifically kits
include a visual check of the lavatory
as a priority when checking the cabin 0–50 ....................................................................... 1
51–150 ................................................................... 2
following any event where oxygen 151–250 ................................................................. 3
masks were deployed in the cabin. More than 250 ....................................................... 4
(2) An applicant for an airworthiness
certificate may obtain an airworthi- 2. Except as provided in paragraph (3), each
ness certificate for airplanes to be op- approved first-aid kit must contain at least
the following appropriately maintained con-
erated by a person described in para-
tents in the specified quantities:
graph (a) of this section, although the
airplane lavatory oxygen system is dis- Contents Quantity
abled. Adhesive bandage compresses, 1-inch ................ 16
(3) A holder of a production certifi- Antiseptic swabs .................................................... 20
cate may apply for an airworthiness Ammonia inhalants ................................................ 10
lpowell on DSK54DXVN1OFR with $$_JOB

certificate or approval for airplanes to Bandage compresses, 4-inch ................................ 8


Triangular bandage compresses, 40-inch ............. 5
be operated by a person described in Arm splint, noninflatable ........................................ 1
paragraph (a) of this section. Leg splint, noninflatable ......................................... 1

254

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Federal Aviation Administration, DOT Pt. 121, App. B

Contents Quantity Contents Quantity

Roller bandage, 4-inch .......................................... 4 Protective nonpermeable gloves or equivalent ... 1 pair
Adhesive tape, 1-inch standard roll ....................... 2 Needles (2–18 ga., 2–20 ga., 2–22 ga., or sizes 6
Bandage scissors .................................................. 1 necessary to administer required medications).
Syringes (1–5 cc, 2–10 cc, or sizes necessary 4
3. Arm and leg splints which do not fit to administer required medications).
within a first-aid kit may be stowed in a Analgesic, non-narcotic, tablets, 325 mg ............ 4
readily accessible location that is as near as Antihistamine tablets, 25 mg ............................... 4
practicable to the kit. Antihistamine injectable, 50 mg, (single dose 2
ampule or equivalent).
EMERGENCY MEDICAL KITS Atropine, 0.5 mg, 5 cc (single dose ampule or 2
equivalent).
1. Until April 12, 2004, at least one approved Aspirin tablets, 325 mg ........................................ 4
emergency medical kit that must contain at Bronchodilator, inhaled (metered dose inhaler or 1
least the following appropriately maintained equivalent).
contents in the specified quantities: Dextrose, 50%/50 cc injectable, (single dose 1
ampule or equivalent).
Contents Quantity Epinephrine 1:1000, 1 cc, injectable, (single 2
dose ampule or equivalent).
Sphygmomanometer ........................................... 1 Epinephrine 1:10,000, 2 cc, injectable, (single 2
Stethoscope ......................................................... 1 dose ampule or equivalent).
Airways, cropharyngeal (3 sizes) ........................ 3 Lidocaine, 5 cc, 20 mg/ml, injectable (single 2
Syringes (sizes necessary to administer re- 4 dose ampule or equivalent).
quired drugs). Nitroglycerin tablets, 0.4 mg ................................ 10
Needles (sizes necessary to administer required 6 Basic instructions for use of the drugs in the kit 1
drugs).
50% Dextrose injection, 50cc .............................. 1
3. If all of the above-listed items do not fit
Epinephrine 1:1000, single dose ampule or 2
equivalent). into one container, more than one container
Diphenhydramine HC1 injection, single dose 2 may be used.
ampule or equivalent.
Nitroglycerin tablets ............................................. 10 AUTOMATED EXTERNAL DEFIBRILLATORS
Basic instructions for use of the drugs in the kit 1
protective nonpermeable gloves or equivalent ... 1 pair At least one approved automated external
defibrillator, legally marketed in the United
2. As of April 12, 2004, at least one approved States in accordance with Food and Drug
emergency medical kit that must contain at Administration requirements, that must:
least the following appropriately maintained 1. Be stored in the passenger cabin.
contents in the specified quantities: 2. After April 30, 2005:
(a) Have a power source that meets FAA
Contents Quantity Technical Standard Order requirements for
power sources for electronic devices used in
Sphygmonanometer ............................................ 1
aviation as approved by the Administrator;
Stethoscope ......................................................... 1
Airways, oropharyngeal (3 sizes): 1 pediatric, 1 3 or
small adult, 1 large adult or equivalent. (b) Have a power source that was manufac-
Self-inflating manual resuscitation device with 3 1:3 masks tured before July 30, 2004, and been found by
masks (1 pediatric, 1 small adult, 1 large adult the FAA to be equivalent to a power source
or equivalent). that meets the Technical Standard Order re-
CPR mask (3 sizes), 1 pediatric, 1 small adult, 1 3
quirements of paragraph (a) of this section.
large adult, or equivalent.
IV Admin Set: Tubing w/ 2 Y connectors ............ 1 3. Be maintained in accordance with the
Alcohol sponges .................................... 2 manufacturer’s specifications.
Adhesive tape, 1-inch standard roll ad- 1
hesive. [Doc. No. FAA–2000–7119, 66 FR 19044, Apr. 12,
Tape scissors ........................................ 1 pair 2001, as amended by Amdt. 121–280, 69 FR
Tourniquet ............................................. 1 19762, Apr. 14, 2004; Amdt. 121–309, 70 FR 15196,
Saline solution, 500 cc ........................................ 1 Mar. 24, 2005]

APPENDIX B TO PART 121—AIRPLANE FLIGHT RECORDER SPECIFICATION


Accuracy sensor input to Sampling inter- Resolution 4
Parameters Range DFDR readout val (per second) readout

Time (GMT or Frame 24 Hrs ............................. ±0.125% Per Hour ................ 0.25 (1 per 4 1 sec.
Counter) (range 0 to 4095, seconds).
sampled 1 per frame).
Altitude .................................... ¥1,000 ft to max certifi- ±100 to ±700 ft (See Table 1, 1 ........................ 5′ to 35′ 1
lpowell on DSK54DXVN1OFR with $$_JOB

cated altitude of air- TSO-C51a).


craft.
Airspeed ................................. 50 KIAS to V so, and V so ±5%, ±3% .............................. 1 ........................ 1 kt.
to 1.2VD.

255

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Pt. 121, App. B 14 CFR Ch. I (1–1–16 Edition)

Accuracy sensor input to Sampling inter- Resolution 4


Parameters Range DFDR readout val (per second) readout

Heading .................................. 360° ................................ ±2° ......................................... 1 ........................ 0.5°


Normal Acceleration (Vertical) ¥3g to + 6g ................... ±1% of max range excluding 8 ........................ 0.01g.
datum error of ±5%.
Pitch Attitude .......................... ±75° ................................ ±2° ......................................... 1 ........................ 0.5°
Roll Attitude ............................ ±180° .............................. ±2° ......................................... 1 ........................ 0.5°
Radio Transmitter Keying ....... On-Off (Discrete) ............ ±2° ......................................... ±2% ..................
Thrust/Power on Each Engine Full Range Forward ........ ±2° ......................................... 1 (per engine) ... 0.2% 2
Trailing Edge Flap or Cockpit Full Range or Each Dis- ±3° or as Pilot’s Indicator ...... 0.5 ..................... 0.5% 2
Control Selection. crete Position.
Leading Edge Flap or Cockpit Full Range or Each Dis- ±3° or as Pilot’s Indicator ...... 0.5 ..................... 0.5% 2
Control Selection. crete Position.
Thrust Reverser Position ........ Stowed, In Transit, and ................................................ 1 (per 4 sec-
Reverse (Discrete). onds per en-
gine).
Ground Spoiler Position/ Full Range or Each Dis- ±2% Unless Higher Accuracy 1 ........................ 0.2% 2.
Speed Brake Selection. crete Position. Uniquely Required.
Marker Beacon Passage ........ Discrete .......................... ................................................ 1 ........................
Autopilot Engagement ............ Discrete .......................... ................................................ 1 ........................
Longitudinal Acceleration ....... ±1g .................................. ±1.5% max range excluding 4 ........................ 0.01g.
datum error of ±5%.
Pilot Input and/or Surface Po- Full Range ...................... ±2° Unless Higher Accuracy 1 ........................ 0.2% 2.
sition—Primary Controls Uniquely Required.
(Pitch, Roll, Yaw) 3.
Lateral Acceleration ................ ±1g .................................. ±1.5% max range excluding 4 ........................ 0.01g.
datum error of ±5%.
Pitch Trim Position ................. Full Range ...................... ±3% Unless Higher Accuracy 1 ........................ 0.3% 2.
Uniquely Required.
Glideslope Deviation .............. ±400 Microamps ............. ±3% ....................................... 1 ........................ 0.3% 2.
Localizer Deviation ................. ±400 Microamps ............. ±3% ....................................... 1 ........................ 0.3% 2.
AFCS Mode and Engagement Discrete .......................... ................................................ 1 ........................
Status.
Radio Altitude ......................... ¥20 ft to 2,500 ft ........... ±2 Ft or ±3% Whichever is 1 ........................ 1 ft + 5% 2
Greater Below 500 Ft and above 500′.
±5% Above 500 Ft.
Master Warning ...................... Discrete .......................... ................................................ 1 ........................
Main Gear Squat Switch Sta- Discrete .......................... ................................................ 1 ........................
tus.
Angle of Attack (if recorded di- As installed ..................... As installed ............................ 2 ........................ 0.3% 2
rectly)..
Outside Air Temperature or ¥50 °C to + 90 °C ......... ±2 °c ...................................... 0.5 ..................... 0.3 °c
Total Air Temperature..
Hydraulics, Each System Low Discrete .......................... ................................................ 0.5 ..................... or 0.5% 2
Pressure.
Groundspeed. ......................... As installed ..................... Most Accurate Systems In- 1 ........................ 0.2% 2
stalled (IMS Equipped Air-
craft Only).

If additional recording capacity is available, recording of the following parameters is recommended. The parameters are listed in
order of significance:

Drift Angle ............................... When available, As in- As installed ............................ 4 ........................


stalled.
Wind Speed and Direction ..... When available, As in- As installed ............................ 4 ........................
stalled.
Latitude and Longitude ........... When available, As in- As installed ............................ 4 ........................
stalled.
Brake pressure/Brake pedal As installed ..................... As installed ............................ 1 ........................
position.
Additional engine parameters:
EPR ................................. As installed ..................... As installed ............................ 1 (per engine). ..
N1 .................................... As installed ..................... As installed ............................ 1 (per engine). ..
N2 .................................... As installed ..................... As installed ............................ 1 (per engine). ..
EGT ................................. As installed ..................... As installed ............................ 1 (per engine). ..
Throttle Lever Position ........... As installed ..................... As installed ............................ 1 (per engine). ..
Fuel Flow ................................ As installed ..................... As installed ............................ 1 (per engine). ..
TCAS:
TA .................................... As installed ..................... As installed ............................ 1 ........................
RA ................................... As installed ..................... As installed ............................ 1 ........................
Sensitivity level (as se- As installed ..................... As installed ............................ 2 ........................
lected by crew).
lpowell on DSK54DXVN1OFR with $$_JOB

GPWS (ground proximity Discrete .......................... ................................................ 1 ........................


warning system).
Landing gear or gear selector Discrete .......................... ................................................ 0.25 (1 per 4
position. seconds).

256

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Federal Aviation Administration, DOT Pt. 121, App. C

Accuracy sensor input to Sampling inter- Resolution 4


Parameters Range DFDR readout val (per second) readout

DME 1 and 2 Distance ........... 0–200 NM; ...................... As installed ............................ 0.25 ................... 1 mi.
Nav 1 and 2 Frequency Se- Full range ....................... As installed ............................ 0.25 ...................
lection.
1 When altitude rate is recorded. Altitude rate must have sufficient resolution and sampling to permit the derivation of altitude to
5 feet.
2 Per cent of full range.
3 For airplanes that can demonstrate the capability of deriving either the control input on control movement (one from the
other) for all modes of operation and flight regimes, the ‘‘or’’ applies. For airplanes with non-mechanical control systems (fly-by-
wire) the ‘‘and’’ applies. In airplanes with split surfaces, suitable combination of inputs is acceptable in lieu of recording each sur-
face separately.
4 This column applies to aircraft manufactured after October 11, 1991.

[Doc. No. 25530, 53 FR 26147, July 11, 1988; 53 FR 30906, Aug. 16, 1988]

APPENDIX C TO PART 121—C–46 worthiness requirements of §§ 121.215 through


NONTRANSPORT CATEGORY AIRPLANES 121.281.
3. Susceptibility of material to fire. [Deleted
Cargo Operations as unnecessary]
4. Cabin interiors. C–46 crew compartments
1. Required engines. (a) Except as provided must meet all the requirements of § 121.215,
in paragraph (b) of this section, the engines and, as required in § 121.221, the door between
specified in subparagraphs (1) or (2) of this the crew compartment and main cabin
section must be installed in C–46 non- (cargo) compartment must be flame resist-
transport category airplanes operated at ant.
gross weights exceeding 45,000 pounds: 5. Internal doors. Internal doors, including
(1) Pratt and Whitney R2800–51–M1 or the crew to main cabin door, must meet all
R2800–75–M1 engines (engines converted from the requirements of § 121.217.
basic model R2800–51 or R2800–75 engines in 6. Ventilation. Standard C–46 crew compart-
accordance with FAA approved data) that— ments meet the ventilation requirements of
(i) Conform to Engine Specification 5E–8; § 121.219 if a means of ventilation for control-
(ii) Conform to the applicable portions of ling the flow of air is available between the
the operator’s manual; crew compartment and main cabin. The ven-
(iii) Comply with all the applicable air- tilation requirement may be met by use of a
worthiness directives; and door between the crew compartment and
(iv) Are equipped with high capacity oil main cabin. The door need not have louvers
pump drive gears in accordance with FAA installed; however, if louvers are installed,
approved data. they must be controllable.
(2) Other engines found acceptable by the 7. Fire precautions. Compliance is required
FAA Regional Flight Standards Division with all the provisions of § 121.221.
having type certification responsibility for (a) In establishing compliance with this
the C–46 airplane. section, the C–46 main cabin is considered as
(b) Upon application by an operator con- a Class A compartment if—
ducting cargo operations with nontransport (1) The operator utilizes a standard system
category C–46 airplanes between points with- of cargo loading and tiedown that allows
in the State of Alaska, the appropriate FAA easy access in flight to all cargo in such
Flight Standards District Office, Alaskan compartment, and, such system is included
Region, may authorize the operation of such in the appropriate portion of the operator’s
airplanes, between points within the State of manual; and
Alaska; without compliance with paragraph (2) A cargo barrier is installed in the for-
(a) of this section if the operator shows that, ward end of the main cabin cargo compart-
in its area of operation, installation of the ment. The barrier must—
modified engines is not necessary to provide (i) Establish the most forward location be-
adequate cooling for single-engine oper- yond which cargo cannot be carried;
ations. Such authorization and any condi- (ii) Protect the components and systems of
tions or limitations therefor is made a part the airplane that are essential to its safe op-
of the Operations Specifications of the oper- eration from cargo damage; and
ator. (iii) Permit easy access, in flight, to cargo
2. Minimum acceptable means of complying in the main cabin cargo compartment.
with the special airworthiness requirements. The barrier may be a cargo net or a network
Unless otherwise authorized under § 121.213, of steel cables or other means acceptable to
the data set forth in sections 3 through 34 of the Administrator which would provide
lpowell on DSK54DXVN1OFR with $$_JOB

this appendix, as correlated to the C–46 non- equivalent protection to that of a cargo net.
transport category airplane, is the minimum The barrier need not meet crash load re-
means of compliance with the special air- quirements of FAR § 25.561; however, it must

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Pt. 121, App. C 14 CFR Ch. I (1–1–16 Edition)
be attached to the cargo retention fittings (a) Engine compartment. The engine fire-
and provide the degree of cargo retention walls of the C–46 airplane must—
that is required by the operators’ standard (1) Conform to type design, and all applica-
system of cargo loading and tiedown. ble airworthiness directives;
(b) C–46 forward and aft baggage compart- (2) Be constructed of stainless steel or ap-
ments must meet, as a minimum, Class B re- proved equivalent; and
quirements of this section or be placarded in (3) Have fireproof shields over the fairleads
a manner to preclude their use as cargo or used for the engine control cables that pass
baggage compartments. through each firewall.
8. Proof of compliance. The demonstration (b) Combustion heater compartment. C–46 air-
of compliance required by § 121.223 is not re- planes must have a combustion heater fire
quired for C–46 airplanes in which— extinguishing system which complies with
(1) The main cabin conforms to Class A AD–49–18–1 or an FAA approved equivalent.
cargo compartment requirements of § 121.219; 18. Cowling. Standard C–46 engine cowling
and (cowling of aluminum construction employ-
(2) Forward and aft baggage compartments ing stainless steel exhaust shrouds) which
conform to Class B requirements of § 121.221, conforms to the type design and cowling con-
or are placarded to preclude their use as figurations which conform to the C–46 trans-
cargo or baggage compartments. port category requirements meet the re-
quirements of § 121.249.
9. Propeller deicing fluid. No change from
19. Engine accessory section diaphragm. C–46
the requirements of § 121.225. Isopropyl alco-
engine nacelles which conform to the C–46
hol is a combustible fluid within the mean-
transport category requirements meet the
ing of this section.
requirements of § 121.251. As provided for in
10. Pressure cross-feed arrangements, location that section, a means of equivalent protec-
of fuel tanks, and fuel system lines and fittings. tion which does not require provision of a di-
C–46 fuel systems which conform to all appli- aphragm to isolate the engine power section
cable Curtiss design specifications and which and exhaust system from the engine acces-
comply with the FAA type certification re- sory compartment is the designation of the
quirements are in compliance with the provi- entire engine compartment forward of and
sions of §§ 121.227 through 121.231. including the firewall as a designated fire
11. Fuel lines and fittings in designated fire zone, and the installation of adequate fire
zones. No change from the requirements of detection and fire extinguishing systems
§ 121.233. which meet the requirements of § 121.263 and
12. Fuel valves. Compliance is required with § 121.273, respectively, in such zone.
all the provisions of § 121.235. Compliance can 20. Powerplant fire protection. C–46 engine
be established by showing that the fuel sys- compartments and combustion heater com-
tem conforms to all the applicable Curtiss partments are considered as designated fire
design specifications, the FAA type certifi- zones within the meaning of § 121.253.
cation requirements, and, in addition, has 21. Flammable fluids—
explosion-proof fuel booster pump electrical (a) Engine compartment. C–46 engine com-
selector switches installed in lieu of the open partments which conform to the type design
contact type used originally. and which comply with all applicable air-
13. Oil lines and fittings in designated fire worthiness directives meet the requirements
zones. No change from the requirements of of § 121.255.
§ 121.237. (b) Combustion heater compartment. C–46
14. Oil valves. C–46 oil shutoff valves must combustion heater compartments which con-
conform to the requirements of § 121.239. In form to type design and which meet all the
addition, C–46 airplanes using Hamilton requirements of AD–49–18–1 or an FAA ap-
Standard propellers must provide, by use of proved equivalent meet the requirements of
stand pipes in the engine oil tanks or other § 121.255.
approved means, a positive source of oil for 22. Shutoff means—
feathering each propeller. (a) Engine compartment. C–46 engine com-
15. Oil system drains. The standard C–46 ‘‘Y’’ partments which comply with AD–62–10–2 or
drains installed in the main oil inlet line for FAA approved equivalent meet the require-
each engine meet the requirements of ments of § 121.257 applicable to engine com-
§ 121.241. partments, if, in addition, a means satisfac-
16. Engine breather line. The standard C–46 tory to the Administrator is provided to shut
engine breather line installation meets the off the flow of hydraulic fluid to the cowl
requirements of § 121.243 if the lower breather flap cylinder in each engine nacelle. The
lines actually extend to the trailing edge of shutoff means must be located aft of the en-
the oil cooler air exit duct. gine firewall. The operator’s manual must
17. Firewalls and firewall construction. Com- include, in the emergency portion, adequate
pliance is required with all of the provisions instructions for proper operation of the addi-
lpowell on DSK54DXVN1OFR with $$_JOB

of §§ 121.245 and 121.247. The following re- tional shutoff means to assure correct se-
quirements must be met in showing compli- quential positioning of engine cowl flaps
ance with these sections: under emergency conditions. In accordance

258

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Federal Aviation Administration, DOT Pt. 121, App. C
with § 121.315, this positioning must also be guishing systems for combustion heater
incorporated in the emergency section of the compartments which conform to the require-
pilot’s checklist. ments of AD–49–18–1 or an FAA approved
(b) Combustion heater compartment. C–46 equivalent also meet the requirements in
heater compartments which comply with paragraph (a).
paragraph (5) of AD–49–18–1 or FAA approved In addition, a fire-extinguishing system for
equivalent meet the requirements of § 121.257 C–46 airplanes meets the adequacy require-
applicable to heater compartments if, in ad- ment of paragraph (a) if it provides the same
dition, a shutoff valve located above the or equivalent protection to that dem-
main cabin floor level is installed in the al- onstrated by the CAA in tests conducted in
cohol supply line or lines between the alco- 1941 and 1942, using a CW–20 type engine na-
hol supply tank and those alcohol pumps lo- celle (without diaphragm). These tests were
cated under the main cabin floor. If all of the conducted at the Bureau of Standards facili-
alcohol pumps are located above the main ties in Washington, DC, and copies of the
cabin floor, the alcohol shutoff valve need test reports are available through the FAA
not be installed. In complying with para- Regional Engineering Offices. In this connec-
graph (5) of AD–49–18–1, a fail-safe electric tion, the flow rates and distribution of extin-
fuel shutoff valve may be used in lieu of the guishing agent substantiated in American
manually operated valve. Airmotive Report No. 128–52–d, FAA ap-
23. Lines and fittings—(a) Engine compart- proved February 9, 1953, provides protection
ment. C–46 engine compartments which com- equivalent to that demonstrated by the CAA
ply with all applicable airworthiness direc- in the CW–20 tests. In evaluating any C–46
tives, including AD–62–10–2, by using FAA fire-extinguishing system with respect to the
approved fire-resistant lines, hoses, and end aforementioned CW–20 tests, the Administra-
fittings, and engine compartments which tion would require data in a narrative form,
meet the C–46 transport category require- utilizing drawings or photographs to show at
ments, meet the requirements of § 121.259. least the following:
(b) Combustion heater compartments All
Installation of containers; installation and
lines, hoses, and end fittings, and couplings
routing of plumbing; type, number, and loca-
which carry fuel to the heaters and heater
tion of outlets or nozzles; type, total volume,
controls, must be of FAA approved fire-re-
and distribution of extinguishing agent;
sistant construction.
length of time required for discharging;
24. Vent and drain lines—(a)
means for thermal relief, including type and
Enginecompartment. C–46 engine compart-
location of discharge indicators; means of
ments meet the requirements of § 121.261 if—
(1) The compartments conform to type de- discharging, e.g., mechanical cutterheads,
sign and comply with all applicable air- electric cartridge, or other method; and
worthiness directives or FAA approved whether a one- or two-shot system is used;
equivalent; and and if the latter is used, means of cross-feed-
(2) Drain lines from supercharger case, en- ing or otherwise selecting distribution of ex-
gine-driven fuel pump, and engine-driven hy- tinguishing agent; and types of materials
draulic pump reach into the scupper drain lo- used in makeup of plumbing.
cated in the lower cowling segment. High rate discharge (HRD) systems using
(b) Combustion heater compartment. C–46 agents such as bromotrifluoromethane,
heater compartments meet the requirements dibrodifluoromethane and
of § 121.261 if they conform to AD–49–18–1 or chlorobromomethane (CB), may also meet
FAA approved equivalent. the requirements of paragraph (a).
25. Fire-extinguishing system. (a) To meet 26. Fire-extinguishing agents, Extinguishing
the requirements of § 121.263, C–46 airplanes agent container pressure relief, Extinguishing
must have installed fire extinguishing sys- agent container compartment temperatures, and
tems to serve all designated fire zones. The Fire-extinguishing system materials. No change
fire-extinguishing systems, the quantity of from the requirements of §§ 121.265 through
extinguishing agent, and the rate of dis- 121.271.
charge shall be such as to provide a min- 27. Fire-detector system. Compliance with
imum of one adequate discharge for each the requirements of § 121.273 requires that C–
designated fire zone. Compliance with this 46 fire detector systems conform to:
provision requires the installation of a sepa- (a) AD–62–10–2 or FAA approved equivalent
rate fire extinguisher for each engine com- for engine compartments; and
partment. Insofar as the engine compart- (b) AD–49–18–1 or FAA approved equivalent
ment is concerned, the system shall be capa- for combustion heater compartments
ble of protecting the entire compartment 28. Fire detectors. No change from the re-
against the various types of fires likely to quirements of § 121.275.
occur in the compartment. 29. Protection of other airplane components
(b) Fire-extinguishing systems which con- against fire. To meet the requirements of
lpowell on DSK54DXVN1OFR with $$_JOB

form to the C–46 transport category require- § 121.277, C–46 airplanes must—
ments meet the requirements set forth in (a) Conform to the type design and all ap-
paragraph (a). Furthermore, fire-extin- plicable airworthiness directives; and

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Pt. 121, App. C 14 CFR Ch. I (1–1–16 Edition)
(b) Be modified or have operational proce- [Distance in feet]
dures established to provide additional fire
Airplane weight in pounds
protection for the wheel well door aft of each Standard altitude in feet
engine compartment. Modifications may 39,000 42,000 45,000 1
consist of improvements in sealing of the
main landing gear wheel well doors. An oper- 6,000 .................................... 5,420 5,730 6,120
ational procedure which is acceptable to the 7,000 .................................... 5,680 6,000 6,440
8,000 .................................... 5,940 6,280 (1)
Agency is one requiring the landing gear
1 Ref. Fig. 1(a)(1) for weight and distance for altitudes
control to be placed in the up position in
case of in-flight engine fire. In accordance above 7,000′.
with § 121.315, such procedure must be set (2) Actual length of runway required when
forth in the emergency portion of the opera- effective length, considering obstacles, is not
tor’s emergency checklist pertaining to in- determined (distance to accelerate to 93
flight engine fire. knots TIAS and stop, divided by the factor
30. Control of engine rotation. C–46 propeller 0.85).
feathering systems which conform to the [Distance in feet]
type design and all applicable airworthiness
directives meet the requirements of § 121.279. Airplane weight in pounds
31. Fuel system independence. C–46 fuel sys- Standard altitude in feet
39,000 42,000 45,000 1
tems which conform to the type design and
all applicable airworthiness directives meet S.L ....................................... 4,830 5,050 5,370
the requirements of § 121.281. 1,000 .................................... 5,000 5,230 5,550
32. Induction system ice prevention. The C–46 2,000 .................................... 5,170 5,410 5,740
carburetor anti-icing system which conforms 3,000 .................................... 5,470 5,740 6,100
to the type design and all applicable air- 4,000 .................................... 5,770 6,080 6,470
5,000 .................................... 6,070 6,410 6,830
worthiness directives meets the require- 6,000 .................................... 6,380 6,740 7,200
ments of § 121.283. 7,000 .................................... 6,680 7,070 7,570
33. Carriage of cargo in passenger compart- 8,000 .................................... 6,990 7,410 (1)
ments. Section 121.285 is not applicable to 1 Ref. Fig. 1(a)(2) for weight and distance for altitudes
nontransport category C–46 cargo airplanes. above 7,000′.
34. Carriage of cargo in cargo compartments.
A standard cargo loading and tiedown ar- (b) Curtiss C–46 certificated for maximum
rangement set forth in the operator’s man- weight 48,000 pounds.
ual and found acceptable to the Adminis- (1) Effective length of runway required when
trator must be used in complying with effective length is determined in accordance
§ 121.287. with § 121.171 (distance to accelerate to 93
35. Performance data. Performance data on knots TIAS and stop, with zero wind and
Curtiss model C–46 airplane certificated for zero gradient). (Factor = 1.00)
maximum weight of 45,000 and 48,000 pounds [Distance in feet]
for cargo-only operations.
1. The following performance limitation Airplane weight in pounds
Standard altitude
data, applicable to the Curtiss model C–46 in feet 39,000 42,000 45,000 48,000 1
airplane for cargo-only operation, must be
used in determining compliance with S.L ..................... 4,110 4,290 4,570 4,950
§§ 121.199 through 121.205. These data are pre- 1,000 .................. 4,250 4,440 4,720 5,130
sented in the tables and figures of this ap- 2,000 .................. 4,400 4,600 4,880 5,300
3,000 .................. 4,650 4,880 5,190 5,670
pendix.
4,000 .................. 4,910 5,170 5,500 6,050
5,000 .................. 5,160 5,450 5,810 6,420
TABLE 1—TAKEOFF LIMITATIONS
6,000 .................. 5,420 5,730 6,120 6,800
(a) Curtiss C–46 certificated for maximum 7,000 .................. 5,680 6,000 6,440 (1)
weight of 45,000 pounds. 8,000 .................. 5,940 6,280 6,750 (1)
(1) Effective length of runway required when 1 Ref. Fig. 1(b)(1) for weight and distance for altitudes

effective length is determined in accordance above 6,000′.


with § 121.171 (distance to accelerate to 93 (2) Actual length of runway required when
knots TIAS and stop, with zero wind and effective length, considering obstacles, is not
zero gradient). (Factor = 1.00) determined (distance to accelerate to 93
[Distance in feet] knots TIAS and stop, divided by the factor
0.85).
Airplane weight in pounds
Standard altitude in feet [Distance in feet]
39,000 42,000 45,000 1
Airplane weight in pounds
S.L ....................................... 4,110 4,290 4,570 Standard altitude
in feet
1,000 .................................... 4,250 4,440 4,720 39,000 42,000 45,000 48,000 1
lpowell on DSK54DXVN1OFR with $$_JOB

2,000 .................................... 4,400 4,600 4,880


3,000 .................................... 4,650 4,880 5,190 S.L ..................... 4,830 5,050 5,370 5,830
4,000 .................................... 4,910 5,170 5,500 1,000 .................. 5,000 5,230 5,550 6,030
5,000 .................................... 5,160 5,450 5,810 2,000 .................. 5,170 5,410 5,740 6,230

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Federal Aviation Administration, DOT Pt. 121, App. C
[Distance in feet] (b) Curtiss model C–46 certificated for max-
imum weight of 48,000 pounds or with engine
Airplane weight in pounds installation approved for 2,550 revolutions
Standard altitude
in feet per minute (1,700 brake horsepower). Max-
39,000 42,000 45,000 48,000 1
imum continuous power in low blower (based
3,000 .................. 5,470 5,740 6,100 6,670 on a climb speed of 113 knots (TIAS)).
4,000 .................. 5,770 6,080 6,470 7,120
5,000 .................. 6,070 6,410 6,830 7,560 Terrain Blower set-
6,000 .................. 6,380 6,740 7,200 8,010 Weight (pounds) clearance ting
7,000 .................. 6,680 7,070 7,570 (1) (feet) 1
8,000 .................. 6,990 7,410 7,940 (1)
48,000 ............................................ 5,850 Low.
1 Ref. Fig. 1(b)(2) for weight and distance for altitudes
47,000 ............................................ 6,300 Do.
above 6,000′. 46,000 ............................................ 6,700 Do.
45,000 ............................................ 7,200 Do.
TABLE 2—EN ROUTE LIMITATIONS 44,500 ............................................ 7,450 Do.
44,250 ............................................ 8,000 High.
(a) Curtiss model C–46 certificated for max-
44,000 ............................................ 8,550 Do.
imum weight of 45,000 pounds (based on a 43,000 ............................................ 10,800 Do.
climb speed of 113 knots (TIAS)). 42,000 ............................................ 12,500 Do.
41,000 ............................................ 13,000 Do.
Terrain Blower set- 1 Highest altitude of terrain over which airplanes may be op-
Weight (pounds) clearance ting erated in compliance with § 121.201.
(feet) 1
Ref. Fig. 2(b).
45,000 ............................................ 6,450 Low.
44,000 ............................................ 7,000 Do. TABLE 3—LANDING LIMITATIONS
43,000 ............................................ 7,500 Do.
42,200 ............................................ 8,000 High.
(a) Intended Destination.
41,000 ............................................ 9,600 Do. Effective length of runway required for in-
40,000 ............................................ 11,000 Do. tended destination when effective length is
39,000 ............................................ 12,300 Do. determined in accordance with § 121.171 with
1 Highest altitude of terrain over which airplanes may be op-
zero wind and zero gradient.
erated in compliance with § 121.201. (1) Curtiss model C–46 certificated for max-
Ref. Fig. 2(a). imum weight of 45,000 pounds. (0.60 factor)
Distance in feet

Airplane weight in pounds and approach speeds 1 in knots


Standard altitude in feet
40,000 V50 42,000 V50 44,000 V50 45,000 V50

S.L ......................................................................................... 4,320 86 4,500 88 4,700 90 4,800 91


1,000 ..................................................................................... 4,440 86 4,620 88 4,830 90 4,930 91
2,000 ..................................................................................... 4,550 86 4,750 88 4,960 90 5,050 91
3,000 ..................................................................................... 4,670 86 4,880 88 5,090 90 5,190 91
4,000 ..................................................................................... 4,800 86 5,000 88 5,220 90 5,320 91
5,000 ..................................................................................... 4,920 86 5,140 88 5,360 90 5,460 91
6,000 ..................................................................................... 5,040 86 5,270 88 5,550 90 5,600 91
7,000 ..................................................................................... 5,170 86 5,410 88 5,650 90 5,750 91
8,000 ..................................................................................... 5,310 86 5,550 88 5,800 90 5,900 91
1 Steady approach speed through 50–foot height TIAS denoted by symbol V .
50
Ref. Fig. 3(a)(1).

(2) Curtiss model C–46 certificated for maximum weight of 48,000 pounds. 1 (0.60 factor.)
Distance in feet

Airplane weight in pounds and approach speeds 2 in knots


Standard altitude in feet
42,000 V50 44,000 V50 46,000 V50 43,000 V50

S.L ......................................................................................... 3,370 80 3,490 82 3,620 84 3,740 86


1,000 ..................................................................................... 3,460 80 3,580 82 3,710 84 3,830 86
2,000 ..................................................................................... 3,540 80 3,670 82 3,800 84 3,920 86
3,000 ..................................................................................... 3,630 80 3,760 82 3,890 84 4,020 86
4,000 ..................................................................................... 3,720 80 3,850 82 3,980 84 4,110 86
5,000 ..................................................................................... 3,800 80 3,940 82 4,080 84 4,220 86
6,000 ..................................................................................... 3,890 80 4,040 82 4,180 84 4,320 86
7,000 ..................................................................................... 3,980 80 4,140 82 4,280 84 4,440 86
8,000 ..................................................................................... 4,080 80 4,240 82 4,390 84 4,550 86
1 Foruse with Curtiss model C–46 airplanes when approved for this weight.
lpowell on DSK54DXVN1OFR with $$_JOB

2 Steady approach speed through 50 height knots TIAS denoted by symbol V503.
Ref. Fig. 3(a)(2).

(b) Alternate Airports.

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Pt. 121, App. C 14 CFR Ch. I (1–1–16 Edition)
Effective length of runway required when effective length is determined in accordance with
§ 121.171 with zero wind and zero gradient.
(1) Curtiss model C–46 certificated for maximum weight of 45,000 pounds. (0.70 factor.)
Distance in feet

Airplane weight in pounds and approach speeds 1 in knots


Standard altitude in feet
40,000 V50 42,000 V50 44,000 V50 45,000 V50

S.L ......................................................................................... 3,700 86 3,860 88 4,030 90 4,110 91


1,000 ..................................................................................... 3,800 86 3,960 88 4,140 90 4,220 91
2,000 ..................................................................................... 3,900 86 4,070 88 4,250 90 4,340 91
3,000 ..................................................................................... 4,000 86 4,180 88 4,360 90 4,450 91
4,000 ..................................................................................... 4,110 86 4,290 88 4,470 90 4,560 91
5,000 ..................................................................................... 4,210 86 4,400 88 4,590 90 4,680 91
6,000 ..................................................................................... 4,330 86 4,510 88 4,710 90 4,800 91
7,000 ..................................................................................... 4,430 86 4,630 88 4,840 90 4,930 91
8,000 ..................................................................................... 4,550 86 4,750 88 4,970 90 5,060 91
1 Steady approach speed through 50 foot-height-knots TIAS denoted by symbol V .
50
Ref. Fig. 3(b)(1).

(2) Curtiss model C–46 certificated for maximum weight of 48,000 pounds. 1 (0.70 factor.)
Distance in feet

Airplane weight in pounds and approach speeds 2 in knots


Standard altitude in feet
42,000 V50 44,000 V50 46,000 V50 48,000 V50

S.L ......................................................................................... 2,890 80 3,000 82 3,110 84 3,220 86


1,000 ..................................................................................... 2,960 80 3,070 82 3,180 84 3,280 86
2,000 ..................................................................................... 3,040 80 3,150 82 3,260 84 3,360 86
3,000 ..................................................................................... 3,110 80 3,220 82 3,340 84 3,440 86
4,000 ..................................................................................... 3,180 80 3,300 82 3,410 84 3,520 86
5,000 ..................................................................................... 3,260 80 3,380 82 3,500 84 3,610 86
6,000 ..................................................................................... 3,330 80 3,460 82 3,580 84 3,700 86
7,000 ..................................................................................... 3,420 80 3,540 82 3,670 84 3,800 86
8,000 ..................................................................................... 3,500 80 3,630 82 3,760 84 3,900 86
1 For use with Curtiss model C–46 airplanes when approved for this weight.
2 Steady approach speed through 50 foot-height-knots TIAS denoted by symbol V .
50
Ref. Fig. 3(b)(2).

(c) Actual length of runway required when effective length, considering obstacles, is not de-
termined in accordance with § 121.171.
(1) Curtiss model C–46 certificated for maximum weight of 45,000 pounds. (0.55 factor.)
Distance in feet

Airplane weight in pounds and approach speeds 1 in knots


Standard altitude in feet
40,000 V50 42,000 V50 44,000 V50 45,000 V50

S.L ......................................................................................... 4,710 86 4,910 88 5,130 90 5,230 91


1,000 ..................................................................................... 4,840 86 5,050 88 5,270 90 5,370 91
2,000 ..................................................................................... 4,960 86 5,180 88 5,410 90 5,510 91
3,000 ..................................................................................... 5,090 86 5,320 88 5,550 90 5,660 91
4,000 ..................................................................................... 5,230 86 5,460 88 5,700 90 5,810 91
5,000 ..................................................................................... 5,360 86 5,600 88 5,850 90 5,960 91
6,000 ..................................................................................... 5,500 86 5,740 88 6,000 90 6,110 91
7,000 ..................................................................................... 5,640 86 5,900 88 6,170 90 6,280 91
8,000 ..................................................................................... 5,790 86 6,050 88 6,340 90 6,450 91
1 Steady approach speed through 50 foot-height-knots TIAS denoted by symbol V .
50
Ref. Fig. 3(c)(1).

(2) Curtiss C–46 certificated for maximum weight of 48,000 pounds. 1 (0.55 factor.)
Distance in feet

Airplane weight in pounds and approach speeds 2 in knots


Standard altitude in feet
42,000 V50 44,000 V50 46,000 V50 48,000 V50

S.L ......................................................................................... 3,680 80 3,820 82 3,960 84 4,090 86


1,000 ..................................................................................... 3,770 80 3,910 82 4,050 84 4,180 86
lpowell on DSK54DXVN1OFR with $$_JOB

2,000 ..................................................................................... 3,860 80 4,000 82 4,140 84 4,280 86


3,000 ..................................................................................... 3,960 80 4,090 82 4,240 84 4,380 86
4,000 ..................................................................................... 4,050 80 4,190 82 4,340 84 4,490 86
5,000 ..................................................................................... 4,150 80 4,290 82 4,450 84 4,600 86

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Federal Aviation Administration, DOT Pt. 121, App. C
Distance in feet

Airplane weight in pounds and approach speeds 2 in knots


Standard altitude in feet
42,000 V50 44,000 V50 46,000 V50 48,000 V50

6,000 ..................................................................................... 4,240 80 4,400 82 4,560 84 4,710 86


7,000 ..................................................................................... 4,350 80 4,510 82 4,670 84 4,840 86
8,000 ..................................................................................... 4,450 80 4,620 82 4,790 84 4,960 86
1 For use with Curtiss model C–46 airplanes when approved for this weight.
2 Steady approach speed through 50 foot-height-knots TIAS denoted by symbol V .
50
Ref. Fig. 3(c)(2).
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Pt. 121, App. C 14 CFR Ch. I (1–1–16 Edition)

[Doc. No. 4080, 30 FR 258, Jan. 3, 1965; 30 FR 481, Jan. 14, 1965, as amended by Amdt. 121–207,
54 FR 39293, Sept. 25, 1989]
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Federal Aviation Administration, DOT Pt. 121, App. D

APPENDIX D TO PART 121—CRITERIA FOR (11) The seating density and arrangement
DEMONSTRATION OF EMERGENCY of the airplane must be representative of the
EVACUATION PROCEDURES UNDER highest capacity passenger version of that
airplane the certificate holder operates or
§ 121.291 proposes to operate.
(a) Aborted takeoff demonstration. (1) The (12) Each crewmember must be a member
demonstration must be conducted either dur- of a regularly scheduled line crew, except
ing the dark of the night or during daylight that flight crewmembers need not be mem-
with the dark of the night simulated. If the bers of a regularly scheduled line crew, pro-
demonstration is conducted indoors during vided they have knowledge of the airplane.
daylight hours, it must be conducted with Each crewmember must be seated in the seat
each window covered and each door closed to the crewmember is normally assigned for
minimize the daylight effect. Illumination takeoff, and must remain in that seat until
on the floor or ground may be used, but it the signal for commencement of the dem-
onstration is received.
must be kept low and shielded against shin-
(13) No crewmember or passenger may be
ing into the airplane’s windows or doors.
given prior knowledge of the emergency
(2) The airplane must be a normal ground
exits available for the demonstration.
attitude with landing gear extended.
(14) The certificate holder may not prac-
(3) Unless the airplane is equipped with an
tice, rehearse, or describe the demonstration
off-wing descent means, stands or ramps may for the participants nor may any participant
be used for descent from the wing to the have taken part in this type of demonstra-
ground. Safety equipment such as mats or tion within the preceding 6 months.
inverted life rafts may be placed on the floor (15) The pretakeoff passenger briefing re-
or ground to protect participants. No other quired by § 121.571 may be given in accord-
equipment that is not part of the emergency ance with the certificate holder’s manual.
evacuation equipment of the airplane may be The passengers may also be warned to follow
used to aid the participants in reaching the directions of crewmembers, but may not be
ground. instructed on the procedures to be followed
(4) The airplane’s normal electrical power in the demonstration.
sources must be deenergized. (16) If safety equipment as allowed by item
(5) All emergency equipment for the type (3) of this section is provided, either all pas-
of passenger-carrying operation involved senger and cockpit windows must be blacked
must be installed in accordance with the cer- out or all of the emergency exits must have
tificate holder’s manual. safety equipment in order to prevent disclo-
(6) Each external door and exit, and each sure of the available emergency exits.
internal door or curtain must be in position (17) Not more than 50 percent of the emer-
to simulate a normal takeoff. gency exits in the sides of the fuselage of an
(7) A representative passenger load of per- airplane that meet all of the requirements
sons in normal health must be used. At least applicable to the required emergency exits
40 percent of the passenger load must be fe- for that airplane may be used for the dem-
males. At least 35 percent of the passenger onstration. Exits that are not to be used in
load must be over 50 years of age. At least 15 the demonstration must have the exit handle
percent of the passenger load must be female deactivated or must be indicated by red
and over 50 year of age. Three life-size dolls, lights, red tape, or other acceptable means,
not included as part of the total passenger placed outside the exits to indicate fire or
load, must be carried by passengers to simu- other reason that they are unusable. The
late live infants 2 years old or younger. exits to be used must be representative of all
Crewmembers, mechanics, and training per- of the emergency exits on the airplane and
sonnel, who maintain or operate the airplane must be designated by the certificate holder,
in the normal course of their duties, may not subject to approval by the Administrator. At
be used as passengers. least one floor level exit must be used.
(8) No passenger may be assigned a specific (18) Except as provided in paragraph (a)(3)
seat except as the Administrator may re- of this appendix, all evacuees must leave the
quire. Except as required by item (12) of this airplane by a means provided as part of the
paragraph, no employee of the certificate airplane’s equipment.
holder may be seated next to an emergency (19) The certificate holder’s approved pro-
exit. cedures and all of the emergency equipment
(9) Seat belts and shoulder harnesses (as that is normally available, including slides,
required) must be fastened. ropes, lights, and megaphones, must be fully
(10) Before the start of the demonstration, utilized during the demonstration, except
approximately one-half of the total average that the flightcrew must take no active role
amount of carry-on baggage, blankets, pil- in assisting others inside the cabin during
lows, and other similar articles must be dis- the demonstration.
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tributed at several locations in the aisles (20) The evacuation time period is com-
and emergency exit access ways to create pleted when the last occupant has evacuated
minor obstructions. the airplane and is on the ground. Evacuees

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Pt. 121, App. E 14 CFR Ch. I (1–1–16 Edition)
using stands or ramps allowed by item (3) plane, to accommodate all persons partici-
above are considered to be on the ground pating in the demonstration.
when they are on the stand or ramp: Pro-
[Doc. No. 2033, 30 FR 3206, Mar. 9, 1965, as
vided, That the acceptance rate of the stand
amended by Amdt. 121–30, 32 FR 13268, Sept.
or ramp is no greater than the acceptance
20, 1967; Amdt. 121–41, 33 FR 9067, June 20,
rate of the means available on the airplane
1968; Amdt. 121–46, 34 FR 5545, Mar. 22, 1969;
for descent from the wing during an actual
Amdt. 121–47, 34 FR 11489, July 11, 1969;
crash situation.
Amdt. 121–233, 58 FR 45230, Aug. 26, 1993]
(b) Ditching demonstration. The demonstra-
tion must assume that daylight hours exist
APPENDIX E TO PART 121—FLIGHT
outside the airplane, and that all required
crewmembers are available for the dem- TRAINING REQUIREMENTS
onstration. The maneuvers and procedures required by
(1) If the certificate holder’s manual re- § 121.424 of this part for pilot initial, transi-
quires the use of passengers to assist in the tion, and upgrade flight training are set
launching of liferafts, the needed passengers forth in the certificate holder’s approved
must be aboard the airplane and participate low-altitude windshear flight training pro-
in the demonstration according to the man- gram, § 121.423 extended envelope training,
ual. and in this appendix. All required maneuvers
(2) A stand must be placed at each emer- and procedures must be performed inflight
gency exit and wing, with the top of the plat- except that windshear and extended envelope
form at a height simulating the water level training maneuvers and procedures must be
of the airplane following a ditching. performed in an airplane simulator in which
(3) After the ditching signal has been re- the maneuvers and procedures are specifi-
ceived, each evacuee must don a life vest ac- cally authorized to be accomplished. Certain
cording to the certificate holder’s manual. other maneuvers and procedures may be per-
(4) Each liferaft must be launched and in- formed in an airplane simulator with a vis-
flated, according to the certificate holder’s ual system (visual simulator), an airplane
manual, and all other required emergency simulator without a visual system (non-
equipment must be placed in rafts. visual simulator), a training device, or a
(5) Each evacuee must enter a liferaft, and static airplane as indicated by the appro-
the crewmembers assigned to each liferaft priate symbol in the respective column oppo-
must indicate the location of emergency site the maneuver or procedure.
equipment aboard the raft and describe its Whenever a maneuver or procedure is au-
use. thorized to be performed in a nonvisual sim-
(6) Either the airplane, a mockup of the ulator, it may be performed in a visual simu-
airplane or a floating device simulating a lator; when authorized in a training device,
passenger compartment must be used. it may be performed in a visual or nonvisual
(i) If a mockup of the airplane is used, it simulator, and in some cases, a static air-
must be a life-size mockup of the interior plane. Whenever the requirement may be
and representative of the airplane currently performed in either a training device or a
used by or proposed to be used by the certifi- static airplane, the appropriate symbols are
cate holder, and must contain adequate seats entered in the respective columns.
for use of the evacuees. Operation of the For the purpose of this appendix, the fol-
emergency exits and the doors must closely lowing symbols mean—
simulate those on the airplane. Sufficient P = Pilot in Command (PIC).
wing area must be installed outside the over- S = Second in Command (SIC).
the-wing exits to demonstrate the evacu- B = PIC and SIC.
ation. F = Flight Engineer.
(ii) If a floating device simulating a pas- PJ = PIC transition Jet to Jet.
senger compartment is used, it must be rep- PP = PIC transition Prop. to Prop.
resentative, to the extent possible, of the SJ = SIC transition Jet to Jet.
passenger compartment of the airplane used
SP = SIC transition Prop. to Prop.
in operations. Operation of the emergency
AT = All transition categories (PJ, PP, SJ,
exits and the doors must closely simulate op-
SP).
eration on that airplane. Sufficient wing
PS = SIC upgrading to PIC (same airplane).
area must be installed outside the over-the-
wing exits to demonstrate the evacuation. SF = Flight Engineer upgrading to SIC (same
The device must be equipped with the same airplane).
survival equipment as is installed on the air- BU = Both SIC and Flight Engineer upgrad-
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FLIGHT TRAINING REQUIREMENTS
Initial training Transition training Upgrade training

16:12 Feb 04, 2016


Simulator Simulator Simulator
Maneuvers/Procedures A/P A/P A/P
Non- Non- Non-
Visual Train- Visual Train- Visual Train-
visual visual visual
simu- ing de- simu- ing de- simu- ing de-
simu- simu- simu-
lator vice lator vice lator vice

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Inflight Static lator Inflight Static lator Inflight Static lator

As appropriate to the airplane and the operation ............ .......... .......... .......... ........... ............ .......... .......... .......... ........... ............ .......... .......... ..........
involved, flight training for pilots must include
the following maneuvers and procedures..

PO 00000
I. Preflight:
(a) Visual inspection of the exterior and inte- ............ B ....... .......... .......... ........... ............ AT ..... .......... .......... ........... ............ BU .... .......... ..........
rior of the airplane, the location of each
item to be inspected, and the purpose for
inspecting it. If a flight engineer is a re-
quired crewmember for the particular type

Frm 00289
of airplane, the visual inspection may be
replaced by using an approved pictorial
means that realistically portrays the loca-
Federal Aviation Administration, DOT

tion and detain of preflight inspection

Fmt 8010
items..
(b) Use of the prestart check list, appro- ............ .......... .......... B ....... ........... ............ .......... .......... AT ..... ........... ............ .......... .......... BU ....

279
priate control system checks, starting pro-
cedures, radio and electronic equipment
checks, and the selection of proper navi-
gation and communications radio facilities

Sfmt 8002
and frequencies prior to flight.
(c)(1) Before March 12, 2019, taxiing, sail- B ........ .......... .......... .......... ........... AT ...... .......... .......... .......... ........... BU ...... .......... .......... ..........
ing, and docking procedures in compli-
ance with instructions issued by the ap-
propriate Traffic Control Authority or by
the person conducting the training.
(2) Taxiing. Beginning March 12, 2019,

Q:\14\14V3.TXT
this maneuver includes the following:.
(i) Taxiing, sailing, and docking B ........ .......... .......... .......... ........... AT ...... .......... .......... .......... ........... BU ...... .......... .......... ..........

31
procedures in compliance
with instructions issued by
the appropriate Traffic Con-
trol Authority or by the per-
son conducting the training.
(ii) Use of airport diagram (sur-
face movement chart).
(iii) Obtaining appropriate
clearance before crossing or
entering active runways.
Pt. 121, App. E
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VerDate Sep<11>2014
FLIGHT TRAINING REQUIREMENTS—Continued
Initial training Transition training Upgrade training

16:12 Feb 04, 2016


Simulator Simulator Simulator
Maneuvers/Procedures A/P A/P A/P
Non- Non- Non-
Visual Train- Visual Train- Visual Train-
visual visual visual
simu- ing de- simu- ing de- simu- ing de-
simu- simu- simu-
Pt. 121, App. E

lator vice lator vice lator vice

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Inflight Static lator Inflight Static lator Inflight Static lator

(iv) Observation of all surface


movement guidance control
markings and lighting.

PO 00000
(d)(1) Before March 12, 2019, pre-takeoff ............ .......... .......... B ....... ........... ............ .......... .......... AT ..... ........... ............ .......... .......... BU ....
checks that include power-plant checks.
(2) Beginning March 12, 2019, pre-take- ............ .......... B ....... .......... ........... ............ .......... AT ..... .......... ........... ............ .......... BU .... ..........
off procedures that include power-
plant checks, receipt of takeoff clear-
ance and confirmation of aircraft loca-

Frm 00290
tion, and FMS entry (if appropriate)
for departure runway prior to crossing
hold short line for takeoff.
II. Takeoffs:

Fmt 8010
(a) Normal takeoffs which, for the purpose B ........ .......... .......... .......... ........... AT ...... .......... .......... .......... ........... BU ...... .......... .......... ..........
of this maneuver, begin when the airplane

280
is taxied into position on the runway to be
used.
(b) Takeoffs with instrument conditions sim- ............ .......... B ....... .......... ........... ............ .......... AT ..... .......... ........... ............ .......... BU .... ..........

Sfmt 8002
ulated at or before reaching an altitude of
100′ above the airport elevation.
(c)(1) Crosswind takeoffs .............................. B ........ .......... .......... .......... ........... AT ...... .......... .......... .......... ........... BU ...... .......... .......... ..........
(2) Beginning March 12, 2019, cross- B ........ .......... .......... .......... ........... AT ...... .......... .......... .......... ........... BU ...... .......... .......... ..........
wind takeoffs including crosswind
takeoffs with gusts if practicable
under the existing meteorological, air-
port, and traffic conditions.

Q:\14\14V3.TXT
(d) Takeoffs with a simulated failure of the ............ .......... B ....... .......... ........... ............ .......... AT ..... .......... ........... ............ .......... BU .... ..........
most critical powerplant—.

31
(1) At a point after V1 and before V2 ............ .......... .......... .......... ........... ............ .......... .......... .......... ........... ............ .......... .......... ..........
that in the judgment of the person
conducting the training is appropriate
to the airplane type under the pre-
vailing conditions; or.
(2) At a point as close as possible after ............ .......... .......... .......... ........... ............ .......... .......... .......... ........... ............ .......... .......... ..........
V1 when V1 and V2 or V1 and VR are
identical; or.
(3) At the appropriate speed for non- ............ .......... .......... .......... ........... ............ .......... .......... .......... ........... ............ .......... .......... ..........
transport category airplanes.
14 CFR Ch. I (1–1–16 Edition)
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VerDate Sep<11>2014
For transition training in an airplane group with ............ .......... .......... .......... ........... ............ .......... .......... .......... ........... ............ .......... .......... ..........
engines mounted in similar positions, or from
wing-mounted engines to aft fuselage-mount-

16:12 Feb 04, 2016


ed engines, the maneuver may be performed
in a nonvisual simulator.
(e) Rejected takeoffs accomplished during a ............ .......... .......... B ....... ........... ............ .......... .......... AT ..... ........... ............ .......... .......... BU ....
normal takeoff run after reaching a rea-
sonable speed determined by giving due

Jkt 238048
consideration to aircraft characteristics,
runway length, surface conditions, wind
direction and velocity, brake heat energy,
and any other pertinent factors that may
adversely affect safety or the airplane.
Training in at least one of the above take- ............ .......... .......... .......... ........... ............ .......... .......... .......... ........... ............ .......... .......... ..........

PO 00000
offs must be accomplished at night. For
transitioning pilots this requirement may
be met during the operating experience
required under § 121.434 of this part by
performing a normal takeoff at night when

Frm 00291
a check airman serving as pilot-in-com-
mand is occupying a pilot station.
III. Flight Maneuvers and Procedures:
Federal Aviation Administration, DOT

(a) Turns with and without spoilers ............... ............ .......... .......... B ....... ........... ............ .......... .......... AT ..... ........... ............ .......... .......... BU ....
(b) Tuck and Mach buffet .............................. ............ .......... .......... B ....... ........... ............ .......... .......... AT ..... ........... ............ .......... .......... BU ....

Fmt 8010
(c) Maximum endurance and maximum ............ .......... .......... B ....... ........... ............ .......... .......... AT ..... ........... ............ .......... .......... BU ....

281
range procedures.
(d) Operation of systems and controls at the ............ .......... .......... B ....... ........... ............ .......... .......... AT ..... ........... ............ .......... .......... PS ....
flight engineer station.
(e) Runaway and jammed stabilizer ............. ............ .......... .......... B ....... ........... ............ .......... .......... AT ..... ........... ............ .......... .......... BU ....

Sfmt 8002
(f) Normal and abnormal or alternate oper-
ation of the following systems and proce-
dures:
(1) Pressurization ................................... ............ .......... .......... .......... B ....... ............ .......... .......... .......... AT ..... ............ .......... .......... .......... BU
(2) Pneumatic ......................................... ............ .......... .......... .......... B ....... ............ .......... .......... .......... AT ..... ............ .......... .......... .......... BU
(3) Air conditioning ................................. ............ .......... .......... .......... B ....... ............ .......... .......... .......... AT ..... ............ .......... .......... .......... BU
(4) Fuel and oil ....................................... ............ B ....... .......... .......... B ....... ............ AT ..... .......... .......... AT ..... ............ BU .... .......... .......... BU

Q:\14\14V3.TXT
(5) Electrical ........................................... ............ B ....... .......... .......... B ....... ............ AT ..... .......... .......... AT ..... ............ BU .... .......... .......... BU
(6) Hydraulic ........................................... ............ B ....... .......... .......... B ....... ............ AT ..... .......... .......... AT ..... ............ BU .... .......... .......... BU

31
(7) Flight control ..................................... ............ B ....... .......... .......... B ....... ............ AT ..... .......... .......... ........... ............ BU .... .......... .......... BU
(8) Anti-icing and deicing ....................... ............ .......... .......... B ....... ........... ............ .......... .......... AT ..... ........... ............ .......... .......... BU ....
(9) Auto-pilot .......................................... ............ .......... .......... B ....... ........... ............ .......... .......... AT ..... ........... ............ .......... .......... BU ....
(10) Automatic or other approach aids .. B ........ .......... .......... B ....... ........... ............ .......... .......... AT ..... ........... SF ...... .......... .......... BU ....
(11) Stall warning devices, stall avoid- B ........ .......... .......... B ....... ........... ............ .......... .......... AT ..... ........... SF ...... .......... .......... BU ....
ance devices, and stability augmenta-
tion devices.
(12) Airborne radar devices ................... ............ .......... .......... B ....... ........... ............ .......... .......... AT ..... ........... ............ .......... .......... BU ....
(13) Any other systems, devices, or ............ .......... .......... B ....... ........... ............ .......... .......... AT ..... ........... ............ .......... .......... BU ....
Pt. 121, App. E

aids available.
lpowell on DSK54DXVN1OFR with $$_JOB

VerDate Sep<11>2014
FLIGHT TRAINING REQUIREMENTS—Continued
Initial training Transition training Upgrade training

16:12 Feb 04, 2016


Simulator Simulator Simulator
Maneuvers/Procedures A/P A/P A/P
Non- Non- Non-
Visual Train- Visual Train- Visual Train-
visual visual visual
simu- ing de- simu- ing de- simu- ing de-
simu- simu- simu-
Pt. 121, App. E

lator vice lator vice lator vice

Jkt 238048
Inflight Static lator Inflight Static lator Inflight Static lator

(14) Electrical, hydraulic, flight control, ............ B ....... .......... .......... B ....... ............ AT ..... .......... .......... AT ..... ............ BU .... .......... .......... BU
and flight instrument system malfunc-
tioning or failure.

PO 00000
(15) Landing gear and flap systems fail- ............ B ....... .......... .......... B ....... ............ AT ..... .......... .......... AT ..... ............ BU .... .......... .......... BU
ure or malfunction.
(16) Failure of navigation or commu- ............ .......... .......... B ....... ........... ............ .......... .......... AT ..... ........... ............ .......... .......... BU ....
nications equipment.
(g) Flight emergency procedures that in-
clude at least the following:

Frm 00292
(1) Powerplant, heater, cargo compart- ............ B ....... .......... .......... B ....... ............ AT ..... .......... .......... AT ..... ............ BU .... .......... .......... BU
ment, cabin, flight deck, wing, and
electrical fires.
(2) Smoke control .................................. ............ B ....... .......... .......... B ....... ............ AT ..... .......... .......... AT ..... ............ BU .... .......... BU .... BU
(3) Powerplant failures ........................... ............ .......... .......... B ....... ........... ............ .......... .......... AT ..... ........... ............ .......... .......... .......... BU

Fmt 8010
(4) Fuel jettisoning ................................. ............ B ....... .......... .......... B ....... ............ B ....... .......... .......... B ....... ............ BU .... .......... .......... BU

282
(5) Any other emergency procedures ............ .......... .......... B ....... ........... ............ .......... .......... AT ..... ........... ............ .......... .......... BU ....
outlined in the appropriate flight man-
ual.
(h) Steep turns in each direction. Each ............ .......... .......... P ....... ........... ............ .......... .......... PJ ..... ........... ............ .......... .......... PS ....

Sfmt 8002
steep turn must involve a bank angle of
45° with a heading change of at least
180° but not more than 360°.
(i) Stall Prevention. For the purpose of this ............ .......... .......... B ....... ........... ............ .......... .......... AT ..... ........... ............ .......... .......... BU ....
training the approved recovery procedure
must be initiated at the first indication of
an impending stall (buffet, stick shaker,

Q:\14\14V3.TXT
aural warning). Stall prevention training
must be conducted in at least the fol-

31
lowing configurations:.
(1) Takeoff configuration (except where
the airplane uses only a zero-flap
takeoff configuration).
(2) Clean configuration.
(3) Landing configuration.
(j) Recovery from specific flight characteris- ............ .......... .......... B ....... ........... ............ .......... .......... AT ..... ........... ............ .......... .......... BU ....
tics that are peculiar to the airplane type.
(k) Instrument procedures that include the
following:
14 CFR Ch. I (1–1–16 Edition)

(1) Area departure and arrival ............... ............ .......... .......... B ....... ........... ............ .......... .......... AT ..... ........... ............ .......... .......... BU ....
lpowell on DSK54DXVN1OFR with $$_JOB

VerDate Sep<11>2014
(2) Use of navigation systems including ............ .......... .......... B ....... ........... ............ .......... .......... AT ..... ........... ............ .......... .......... BU ....
adherence to assigned radials.
(3) Holding ............................................. ............ .......... .......... B ....... ........... ............ .......... .......... AT ..... ........... ............ .......... .......... BU ....

16:12 Feb 04, 2016


(l) ILS instrument approaches that include
the following:
(1) Normal ILS approaches ................... B ........ .......... .......... .......... ........... AT ...... .......... .......... .......... ........... BU ...... .......... .......... ..........
(2) Manually controlled ILS approaches B ........ .......... .......... .......... ........... ............ .......... AT ..... .......... ........... ............ .......... BU .... ..........
with a simulated failure of one
powerplane which occurs before initi-

Jkt 238048
ating the final approach course and
continues to touchdown or through
the missed approach procedure.
(m) Instrument approaches and missed ap-
proaches other than ILS which include the

PO 00000
following:
(1) Nonprecision approaches that the ............ .......... .......... .......... B ....... ............ .......... .......... .......... AT ..... ............ .......... BU .... ..........
trainee is likely to use.
(2) In addition to subparagraph (1) of ............ .......... B ....... .......... ........... ............ .......... AT ..... .......... ........... ............ .......... BU .... ..........
this paragraph, at least one other

Frm 00293
nonprecision approach and missed
approach procedure that the trainee
is likely to use.
Federal Aviation Administration, DOT

In connection with paragraphs III(k) and III(l), ............ .......... .......... .......... ........... ............ .......... .......... .......... ........... ............ .......... .......... ..........
each instrument approach must be performed

Fmt 8010
according to any procedures and limitations
approved for the approach facility used. The

283
instrument approach begins when the airplane
is over the initial approach fix for the approach
procedure being used (or turned over to the

Sfmt 8002
final approach controller in the case of GCA
approach) and ends when the airplane touch-
es down on the runway or when transition to a
missed approach configuration is completed.
(n) Circling approaches which include the B ........ .......... .......... .......... ........... AT ...... .......... .......... .......... ........... BU ...... .......... .......... ..........
following:
(1) That portion of the circling approach ............ .......... .......... .......... ........... ............ .......... .......... .......... ........... ............ .......... .......... ..........
to the authorized minimum altitude for

Q:\14\14V3.TXT
the procedure being used must be
made under simulated instrument

31
conditions.
(2) The circling approach must be made ............ .......... .......... .......... ........... ............ .......... .......... .......... ........... ............ .......... .......... ..........
to the authorized minimum circling
approach altitude followed by a
change in heading and the necessary
maneuvering (by visual reference) to
maintain a flight path that permits a
normal landing on a runway at least
90° from the final approach course of
the simulated instrument portion of
Pt. 121, App. E

the approach.
lpowell on DSK54DXVN1OFR with $$_JOB

VerDate Sep<11>2014
FLIGHT TRAINING REQUIREMENTS—Continued
Initial training Transition training Upgrade training

16:12 Feb 04, 2016


Simulator Simulator Simulator
Maneuvers/Procedures A/P A/P A/P
Non- Non- Non-
Visual Train- Visual Train- Visual Train-
visual visual visual
simu- ing de- simu- ing de- simu- ing de-
simu- simu- simu-
Pt. 121, App. E

lator vice lator vice lator vice

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Inflight Static lator Inflight Static lator Inflight Static lator

(3) The circling approach must be per- ............ .......... .......... .......... ........... ............ .......... .......... .......... ........... ............ .......... .......... ..........
formed without excessive maneu-
vering, and without exceeding the

PO 00000
normal operating limits of the air-
plane. The angle of bank should not
exceed 30°.
Training in the circling approach maneuver is not ............ .......... .......... .......... ........... ............ .......... .......... .......... ........... ............ .......... .......... ..........
required for a pilot employed by a certificate
holder subject to the operating rules of Part

Frm 00294
121 of this chapter if the certificate holder’s
manual prohibits a circling approach in weath-
er conditions below 1000–3 (ceiling and visi-
bility); for a SIC if the certificate holder’s man-
ual prohibits the SIC from performing a circling

Fmt 8010
approach in operations under this part.

284
(o) Zero-flap approaches. Training in this P ........ .......... .......... .......... ........... ............ .......... PP, .......... ........... ............ .......... PS .... ..........
maneuver is not required for a particular PJ.
airplane type if the Administrator has de-
termined that the probability of flap exten-

Sfmt 8002
sion failure on that type airplane is ex-
tremely remote due to system design. In
making this determination, the Adminis-
trator determines whether training on slats
only and partial flap approaches is nec-
essary.
(p) Missed approaches which include the
following:

Q:\14\14V3.TXT
(1) Missed approaches from ILS ap- ............ .......... B ....... .......... ........... ............ .......... AT ..... .......... ........... ............ .......... BU .... ..........
proaches.

31
(2) Other missed approaches ................ ............ .......... .......... .......... B ....... ............ .......... .......... .......... AT ..... ............ .......... .......... .......... BU
(3) Missed approaches that include a ............ .......... .......... .......... B ....... ............ .......... .......... .......... AT ..... ............ .......... .......... .......... BU
complete approved missed approach
procedure.
(4) Missed approaches that include a ............ .......... B ....... .......... ........... ............ .......... AT ..... .......... ........... ............ .......... BU .... ..........
powerplant failure.
IV. Landings and Approaches to Landings:
(a) Normal landings ....................................... B ........ .......... .......... .......... ........... AT ...... .......... .......... .......... ........... BU ...... .......... .......... ..........
(b) Landing and go around with the hori- P ........ .......... .......... .......... ........... ............ .......... PJ, .......... ........... ............ .......... .......... .......... PS
14 CFR Ch. I (1–1–16 Edition)

zontal stabilizer out of trim. PP.


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VerDate Sep<11>2014
(c) Landing in sequence from an ILS instru- B ........ .......... .......... .......... ........... AT ...... .......... AT ..... .......... ........... ............ .......... BU .... ..........
ment approach.
(d)(1) Cross wind landing .............................. B ........ .......... .......... .......... ........... AT ...... .......... .......... .......... ........... BU ...... .......... .......... ..........

16:12 Feb 04, 2016


(2) Beginning March 12, 2019, cross- B ........ .......... .......... .......... ........... AT ...... .......... .......... .......... ........... BU ...... .......... .......... ..........
wind landing, including crosswind
landings with gusts if practicable
under the existing meteorological, air-
port, and traffic conditions.

Jkt 238048
(e) Maneuvering to a landing with simulated
powerplant failure, as follows:
(1) Except as provided in subparagraph P ........ .......... .......... .......... ........... ............ .......... PJ, .......... ........... ............ .......... PS .... ..........
(3) of this paragraph in the case of 3– PP.
engine airplanes, maneuvering to a

PO 00000
landing with an approved procedure
that approximates the loss of two
powerplants (center and one out-
board engine).
(2) Except as provided in subparagraph P ........ .......... .......... .......... ........... ............ .......... PJ, .......... ........... ............ .......... PS .... ..........
(3) of this paragraph, in the case of PP.

Frm 00295
other multiengine airplanes, maneu-
vering to a landing with a simulated
failure of 50 percent of available pow-
Federal Aviation Administration, DOT

erplants with the simulated loss of


power on one side of the airplane.

Fmt 8010
(3) Notwithstanding the requirements of

285
subparagraphs (1) and (2) of this
paragraph, flight crewmembers who
satisfy those requirements in a visual
simulator must also:

Sfmt 8002
(i) Take inflight training in one-en- ............ .......... .......... .......... ........... ............ .......... .......... .......... ........... ............ .......... .......... ..........
gine inoperative landings; and.
(ii) In the case of a second-in-com- ............ .......... .......... .......... ........... ............ .......... .......... .......... ........... ............ .......... .......... ..........
mand up-grading to a pilot-in-
command and who has not pre-
viously performed the maneuvers
required by this paragraph in

Q:\14\14V3.TXT
flight, meet the requirements of
this paragraph applicable to ini-

31
tial training for pilots-in-command.
(4) In the case of flight crewmembers ............ .......... .......... .......... ........... ............ .......... .......... .......... ........... ............ .......... .......... ..........
other than the pilot-in-command, per-
form the maneuver with the simulated
loss of power of the most critical pow-
erplant only.
(f) Landing under simulated circling ap- B ........ .......... .......... .......... ........... ............ .......... AT ..... .......... ........... ............ .......... BU .... ..........
proach conditions (exceptions under III(n)
applicable to this requirement).
Pt. 121, App. E
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VerDate Sep<11>2014
FLIGHT TRAINING REQUIREMENTS—Continued
Initial training Transition training Upgrade training

16:12 Feb 04, 2016


Simulator Simulator Simulator
Maneuvers/Procedures A/P A/P A/P
Non- Non- Non-
Visual Train- Visual Train- Visual Train-
visual visual visual
simu- ing de- simu- ing de- simu- ing de-
simu- simu- simu-
lator vice lator vice lator vice
Pt. 121, App. E

Jkt 238048
Inflight Static lator Inflight Static lator Inflight Static lator

(g) Rejected landings that include a normal B ........ .......... .......... .......... ........... ............ .......... AT ..... .......... ........... ............ .......... BU .... ..........
missed approach procedure after the
landing is rejected. For the purpose of this
maneuver the landing should be rejected

PO 00000
at approximately 50 feet and approxi-
mately over the runway threshold.
(h) Zero-flap landings if the Administrator P ........ .......... .......... .......... ........... ............ .......... PP, .......... ........... ............ .......... PS .... ..........
finds that maneuver appropriate for train- PJ.
ing in the airplane.

Frm 00296
(i) Manual reversion (if appropriate) ............. ............ .......... B ....... .......... ........... ............ .......... AT ..... .......... ........... ............ .......... BU .... ..........
Training in landings and approaches to ............ .......... .......... .......... ........... ............ .......... .......... .......... ........... ............ .......... .......... ..........
landings must include the types and con-
ditions provided in IV(a) through (i) but
more than one type may be combined

Fmt 8010
where appropriate.

286
Training in one of the above landings must B ........ .......... .......... .......... ........... AT ...... .......... .......... .......... ........... BU ...... .......... .......... ..........
be accomplished at night. For
transitioning pilots, this requirement may
be met during the operating experience

Sfmt 8027
required under § 121.434 of this part by
performing a normal landing when a
check pilot serving as pilot-in-command is
occupying a pilot station.

[Doc. No. 9509, 35 FR 97, Jan. 3, 1970, as amended by Amdt. 121–91, 37 FR 10730, May 27, 1972; Amdt. 121–108, 38 FR 35446, Dec. 28, 1973;
Amdt. 121–159, 45 FR 41595, June 19, 1980; Amdt. 121–199, 53 FR 37697, Sept. 27, 1988; Amdt. 121–366, 78 FR 67841, Nov. 12, 2013]

Q:\14\14V3.TXT
31
14 CFR Ch. I (1–1–16 Edition)
Federal Aviation Administration, DOT Pt. 121, App. F

APPENDIX F TO PART 121—PROFICIENCY P = Pilot in Command.


CHECK REQUIREMENTS B = Both Pilot in Command and Second in
Command.
The maneuvers and procedures required by * = A symbol and asterisk (B*) indicates that
§ 121.441 for pilot proficiency checks are set a particular condition is specified in the
forth in this appendix and must be performed maneuvers and procedures column.
inflight except to the extent that certain
# = When a maneuver is preceded by this
maneuvers and procedures may be performed
symbol it indicates the maneuver may be
in an airplane simulator with a visual sys-
required in the airplane at the discretion
tem (visual simulator), an airplane simu-
lator without a visual system (nonvisual of the person conducting the check.
simulator), or a training device as indicated Throughout the maneuvers prescribed in
by the appropriate symbol in the respective this appendix, good judgment commensurate
column opposite the maneuver or procedure. with a high level of safety must be dem-
Whenever a maneuver or procedure is au- onstrated. In determining whether such
thorized to be performed in a nonvisual sim- judgment has been shown, the person con-
ulator, it may also be performed in a visual ducting the check considers adherence to ap-
simulator; when authorized in a training de- proved procedures, actions based on analysis
vice, it may be performed in a visual or non- of situations for which there is no prescribed
visual simulator. procedure or recommended practice, and
For the purpose of this appendix, the fol- qualities of prudence and care in selecting a
lowing symbols mean— course of action.

Required Permitted

Simu- Non-
Maneuvers/Procedures lated in- Visual Train- Waiver provi-
visual
strument Inflight simu- ing de- sions of
simu-
condi- lator vice § 121.441(d)
lator
tions

The procedures and maneuvers set forth in this appendix must


be performed in a manner that satisfactorily demonstrates
knowledge and skill with respect to—
(1) The airplane, its systems and components; .................. ............... ............ .......... .......... ........... .......................
(2) Proper control of airspeed, configuration, direction, alti-
tude, and attitude in accordance with procedures and
limitations contained in the approved Airplane Flight
Manual, the certificate holder’s operations Manual,
check lists, or other approved material appropriate to
the airplane type; and ....................................................... ............... ............ .......... .......... ........... .......................
(3) Compliance with approach, ATC, or other applicable
procedures ........................................................................ ............... ............ .......... .......... ........... .......................
I. Preflight:
(a) Equipment examination (oral or written). As part of the
practical test the equipment examination must be close-
ly coordinated with, and related to, the flight maneuvers
portion but may not be given during the flight maneu-
vers portion. The equipment examination must cover— ............... ............ .......... .......... B .......................
(1) Subjects requiring a practical knowledge of the air-
plane, its powerplants, systems, components, oper-
ational, and performance factors; ............................. ............... ............ .......... .......... ........... .......................
(2) Normal, abnormal, and emergency procedures,
and the operations and limitations relating thereto;
and ............................................................................. ............... ............ .......... .......... ........... .......................
(3) The appropriate provisions of the approved Air-
plane Flight Manual ................................................... ............... ............ .......... .......... ........... .......................
The person conducting the check may accept, as equal to this
equipment test, an equipment test given to the pilot in the
certificate holder’s ground school within the preceding 6 cal-
endar months
(b) Preflight inspection. The pilot must— ............................ ............... ............ .......... .......... B B*
(1) Conduct an actual visual inspection of the exterior
and interior of the airplane, locating each item and
explaining briefly the purpose for inspecting it; and ............... ............ .......... .......... ........... .......................
(2) Demonstrate the use of the prestart check list, ap-
propriate control system checks, starting proce-
dures, radio and electronic equipment checks, and
lpowell on DSK54DXVN1OFR with $$_JOB

the selection of proper navigation and communica-


tions radio facilities and frequencies prior to flight ... ............... ............ .......... .......... ........... .......................

287

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Pt. 121, App. F 14 CFR Ch. I (1–1–16 Edition)

Required Permitted

Simu- Non-
Maneuvers/Procedures lated in- Visual Train- Waiver provi-
visual
strument Inflight simu- ing de- sions of
simu-
condi- lator vice § 121.441(d)
lator
tions

Except for flight checks required by § 121.424(d)(1)(ii), an ap-


proved pictorial means that realistically portrays the location
and detail of preflight inspection items and provides for the
portrayal of abnormal conditions may be substituted for the
preflight inspection. If a flight engineer is a required flight
crewmember for the particular type airplane, the visual in-
spection may be waived under § 121.441(d)
(c)(1) Taxiing. Before March 12, 2019, this maneuver in-
cludes taxiing (in the case of a second in command pro-
ficiency check to the extent practical from the second in
command crew position), sailing, or docking procedures
in compliance with instructions issued by the appropriate
traffic control authority or by the person conducting the
checks ............................................................................... ............... B .......... .......... ...........
(c)(2) Taxiing. Beginning March 12, 2019, this maneuver
includes the following: (i) Taxiing (in the case of a sec-
ond in command proficiency check to the extent prac-
tical from the second in command crew position), sail-
ing, or docking procedures in compliance with instruc-
tions issued by the appropriate traffic control authority or
by the person conducting the checks. (ii) Use of airport
diagram (surface movement chart). (iii) Obtaining appro-
priate clearance before crossing or entering active run-
ways. (iv) Observation of all surface movement guid-
ance control markings and lighting .................................. ............... B .......... .......... ...........
(d)(1) Power-plant checks. As appropriate to the airplane
type ................................................................................... ............... ............ .......... B ........... .......................
(d)(2) Beginning March 12, 2019, pre-takeoff procedures
that include power-plant checks, receipt of takeoff clear-
ance and confirmation of aircraft location, and FMS
entry (if appropriate), for departure runway prior to
crossing hold short line for takeoff ................................... ............... ............ B .......... ...........
II. Takeoff:
(a) Normal. One normal takeoff which, for the purpose of
this maneuver, begins when the airplane is taxied into
position on the runway to be used ................................... ............... B* .......... .......... ........... .......................
(b) Instrument. One takeoff with instrument conditions sim-
ulated at or before reaching an altitude of 100′ above
the airport elevation .......................................................... B ............ B* .......... ........... .......................
(c)(1) Crosswind. Before March 12, 2019, one crosswind
takeoff, if practicable, under the existing meteorological,
airport, and traffic conditions ............................................ ............... B* .......... .......... ...........
(c)(2) Beginning March 12, 2019, one crosswind takeoff
with gusts, if practicable, under the existing meteorolog-
ical, airport, and traffic conditions .................................... ............... B* .......... .......... ...........
#(d) Powerplant failure. One takeoff with a simulated fail-
ure of the most critical powerplant— ............................... ............... ............ B .......... ........... .......................
(1) At a point after V1 and before V2 that in the judg-
ment of the person conducting the check is appro-
priate to the airplane type under the prevailing con-
ditions; ....................................................................... ............... ............ .......... .......... ........... .......................
(2) At a point as close as possible after V1 when V1
and V2 or V1 and Vr are identical; or ........................ ............... ............ .......... .......... ........... .......................
(3) At the appropriate speed for non-transport cat-
egory airplanes .......................................................... ............... ............ .......... .......... ........... .......................
In an airplane group with aft fuselage-mounted engines this
maneuver may be performed in a non-visual simulator ............... ............ .......... .......... ........... .......................
(e) Rejected. A rejected takeoff may be performed in an air-
plane during a normal takeoff run after reaching a reason-
able speed determined by giving due consideration to air-
craft characteristics, runway length, surface conditions, wind
direction and velocity, brake heat energy, and any other per-
tinent factors that may adversely affect safety or the airplane ............... ............ .......... B* ........... B
III. Instrument procedures:
(a) Area departure and area arrival. During each of these
lpowell on DSK54DXVN1OFR with $$_JOB

maneuvers the applicant must— ...................................... B ............ .......... B ........... B*


(1) Adhere to actual or simulated ATC clearances (in-
cluding assigned radials); and .................................. ............... ............ .......... .......... ........... .......................
(2) Properly use available navigation facilities ............. ............... ............ .......... .......... ........... .......................

288

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Federal Aviation Administration, DOT Pt. 121, App. F

Required Permitted

Simu- Non-
Maneuvers/Procedures lated in- Visual Train- Waiver provi-
visual
strument Inflight simu- ing de- sions of
simu-
condi- lator vice § 121.441(d)
lator
tions

Either area arrival or area departure, but not both, may be


waived under § 121.441(d)
(b) Holding. This maneuver includes entering, maintaining,
and leaving holding patterns. It may be performed in
connection with either area departure or area arrival ...... B ............ .......... B ........... B
(c) ILS and other instrument approaches. There must be
the following:
(1) At least one normal ILS approach .......................... B ............ B .......... ........... .......................
(2) At least one manually controlled ILS approach with
a simulated failure of one powerplant. The simu-
lated failure should occur before initiating the final
approach course and must continue to touchdown
or through the missed approach procedure .............. B ............ .......... .......... ........... .......................
(3) At least one nonprecision approach procedure that
is representative of the nonprecision approach pro-
cedures that the certificate holder is likely to use .... B ............ B .......... ........... .......................
(4) Demonstration of at least one nonprecision ap-
proach procedure on a letdown aid other than the
approach procedure performed under subparagraph
(3) of this paragraph that the certificate holder is
approved to use. ....................................................... B ............ .......... .......... B .......................
Each instrument approach must be performed according to any
procedures and limitations approved for the approach facility
used. The instrument approach begins when the airplane is
over the initial approach fix for the approach procedure
being used (or turned over to the final approach controller in
the case of GCA approach) and ends when the airplane
touches down on the runway or when transition to a missed
approach configuration is completed. Instrument conditions
need not be simulated below 100′ above touchdown zone
elevation
(d) Circling approaches. If the certificate holder is ap-
proved for circling minimums below 1000–3, at least one
circling approach must be made under the following
conditions— ...................................................................... ............... ............ B* .......... ........... B*
(1) The portion of the approach to the authorized min-
imum circling approach altitude must be made
under simulated instrument conditions ..................... B ............ .......... .......... ........... .......................
(2) The approach must be made to the authorized
minimum circling approach altitude followed by a
change in heading and the necessary maneuvering
(by visual reference) to maintain a flight path that
permits a normal landing on a runway at least 90°
from the final approach course of the simulated in-
strument portion of the approach .............................. ............... ............ .......... .......... ........... .......................
(3) The circling approach must be performed without
excessive maneuvering, and without exceeding the
normal operating limits of the airplane. The angle of
bank should not exceed 30° ..................................... ............... ............ .......... .......... ........... .......................
If local conditions beyond the control of the pilot prohibit the
maneuver or prevent it from being performed as required, it
may be waived as provided in § 121.441(d): Provided, how-
ever, That the maneuver may not be waived under this pro-
vision for two successive proficiency checks. The circling ap-
proach maneuver is not required for a second-in-command if
the certificate holder’s manual prohibits a second-in-com-
mand from performing a circling approach in operations
under this part
(e) Missed approach ............................................................ ............... ............ .......... .......... ........... .......................
(1) Each pilot must perform at least one missed ap-
proach from an ILS approach ................................... ............... ............ B* .......... ........... .......................
(2) Each pilot in command must perform at least one
additional missed approach ...................................... ............... ............ P* .......... ........... .......................
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289

VerDate Sep<11>2014 16:12 Feb 04, 2016 Jkt 238048 PO 00000 Frm 00299 Fmt 8010 Sfmt 8002 Q:\14\14V3.TXT 31
Pt. 121, App. F 14 CFR Ch. I (1–1–16 Edition)

Required Permitted

Simu- Non-
Maneuvers/Procedures lated in- Visual Train- Waiver provi-
visual
strument Inflight simu- ing de- sions of
simu-
condi- lator vice § 121.441(d)
lator
tions

A complete approved missed approach procedure must be ac-


complished at least once. At the discretion of the person
conducting the check a simulated powerplant failure may be
required during any of the missed approaches. These ma-
neuvers may be performed either independently or in con-
junction with maneuvers required under Sections III or V of
this appendix. At least one missed approach must be per-
formed in flight
IV. Inflight Maneuvers:
(a) Steep turns. At least one steep turn in each direction
must be performed. Each steep turn must involve a
bank angle of 45° with a heading change of at least
180° but not more than 360° ............................................ P ............ .......... P ........... P
(b) Stall Prevention. For the purpose of this maneuver the
approved recovery procedure must be initiated at the
first indication of an impending stall (buffet, stick shaker,
aural warning). Except as provided below there must be
at least three stall prevention recoveries as follows: ....... B ............ .......... B ........... B*
(1) One in the takeoff configuration (except where the
airplane uses only a zero-flap takeoff configuration).
(2) One in a clean configuration.
(3) One in a landing configuration.
At the discretion of the person conducting the check, one stall
prevention recovery must be performed in one of the above
configurations while in a turn with the bank angle between
15° and 30°. Two out of the three stall prevention recoveries
required by this paragraph may be waived.
If the certificate holder is authorized to dispatch or flight re-
lease the airplane with a stall warning device inoperative the
device may not be used during this maneuver
(c) Specific flight characteristics. Recovery from specific
flight characteristics that are peculiar to the airplane
type ................................................................................... ............... ............ .......... B ........... B
(d) Powerplant failures. In addition to specific requirements
for maneuvers with simulated powerplant failures, the
person conducting the check may require a simulated
powerplant failure at any time during the check .............. ............... ............ .......... B ........... .......................
V. Landings and Approaches to Landings:
Notwithstanding the authorizations for combining and waiving
maneuvers and for the use of a simulator, at least two actual
landings (one to a full stop) must be made for all pilot-in-
command and initial second-in-command proficiency checks.
Landings and approaches to landings must include the types
listed below, but more than one type may be combined
where appropriate:
(a) Normal landing ............................................................... ............... B .......... .......... ........... .......................
(b) Landing in sequence from an ILS instrument approach
except that if circumstances beyond the control of the
pilot prevent an actual landing, the person conducting
the check may accept an approach to a point where in
his judgment a landing to a full stop could have been
made ................................................................................. ............... B* .......... .......... ........... .......................
(c)(1) Crosswind landing, if practical under existing mete-
orological, airport, and traffic conditions .......................... ............... B* .......... .......... ........... .......................
(c)(2) Beginning March 12, 2019, crosswind landing with
gusts, if practical under existing meteorological, airport,
and traffic conditions ........................................................ ............... B* .......... .......... ...........
(d) Maneuvering to a landing with simulated powerplant
failure as follows:
(1) In the case of 3–engine airplanes, maneuvering to
a landing with an approved procedure that approxi-
mates the loss of two powerplants (center and one
outboard engine); or .................................................. ............... ............ B* .......... ........... .......................
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(2) In the case of other multiengine airplanes, maneu-


vering to a landing with a simulated failure of 50
percent of available powerplants, with the simulated
loss of power on one side of the airplane ................ ............... ............ B* .......... ........... .......................

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Federal Aviation Administration, DOT Pt. 121, App. F

Required Permitted

Simu- Non-
Maneuvers/Procedures lated in- Visual Train- Waiver provi-
visual
strument Inflight simu- ing de- sions of
simu-
condi- lator vice § 121.441(d)
lator
tions

Notwithstanding the requirements of subparagraphs (d) (1) and


(2) of this paragraph, in a proficiency check for other than a
pilot-in-command, the simulated loss of power may be only
the most critical powerplant. However, if a pilot satisfies the
requirements of subparagraphs (d) (1) or (2) of this para-
graph in a visual simulator, he also must maneuver in flight
to a landing with a simulated failure of the most critical pow-
erplant. In addition, a pilot-in-command may omit the maneu-
ver required by subparagraph (d)(1) or (d)(2) of this para-
graph during a required proficiency check or simulator
course of training if he satisfactorily performed that maneu-
ver during the preceding proficiency check, or during the
preceding approved simulator course of training under the
observation of a check airman, whichever was completed
later
(e) Except as provided in paragraph (f) of this section, if
the certificate holder is approved for circling minimums
below 1000–3, a landing under simulated circling ap-
proach conditions. However, when performed in an air-
plane, if circumstances beyond the control of the pilot
prevent a landing, the person conducting the check may
accept an approach to a point where, in his judgment, a
landing to a full stop could have been made ................... ............... ............ B* .......... ........... .......................
#(f) A rejected landing, including a normal missed ap-
proach procedure, that is rejected approximately 50′
over the runway and approximately over the runway
threshold. This maneuver may be combined with instru-
ment, circling, or missed approach procedures, but in-
strument conditions need not be simulated below 100
feet above the runway ...................................................... ............... ............ B .......... ........... .......................
VI. Normal and Abnormal Procedures:
Each applicant must demonstrate the proper use of as many of
the systems and devices listed below as the person con-
ducting the check finds are necessary to determine that the
person being checked has a practical knowledge of the use
of the systems and devices appropriate to the airplane type:
(a) Anti-icing and de-icing systems ...................................... ............... ............ .......... B ........... .......................
(b) Auto-pilot systems .......................................................... ............... ............ .......... B ........... .......................
(c) Automatic or other approach aid systems ...................... ............... ............ .......... B ........... .......................
(d) Stall warning devices, stall avoidance devices, and sta-
bility augmentation devices .............................................. ............... ............ .......... B ........... .......................
(e) Airborne radar devices ................................................... ............... ............ .......... B ........... .......................
(f) Any other systems, devices, or aids available ................ ............... ............ .......... B ........... .......................
(g) Hydraulic and electrical system failures and malfunc-
tions .................................................................................. ............... ............ .......... .......... B .......................
(h) Landing gear and flap systems failure or malfunction ... ............... ............ .......... .......... B
(i) Failure of navigation or communications equipment ....... ............... ............ .......... B ........... .......................
VII. Emergency Procedures:
Each applicant must demonstrate the proper emergency proce-
dures for as many of the emergency situations listed below
as the person conducting the check finds are necessary to
determine that the person being checked has an adequate
knowledge of, and ability to perform, such procedure:
(a) Fire in flight ..................................................................... ............... ............ .......... B ........... .......................
(b) Smoke control ................................................................. ............... ............ .......... B ........... .......................
(c) Rapid decompression ..................................................... ............... ............ .......... B ........... .......................
(d) Emergency descent ........................................................ ............... ............ .......... B ........... .......................
(e) Any other emergency procedures outlined in the appro-
priate approved Airplane Flight Manual ........................... ............... ............ .......... B ........... .......................

[Doc. No. 9509, 35 FR 99, Jan. 3, 1970, as amended by Amdt. 121–80, 36 FR 19362, Oct. 5, 1971;
Amdt. 121–91, 37 FR 10730, May 27, 1972; Amdt. 121–92, 37 FR 12717, June 28, 1972; Amdt. 121–
108, 38 FR 35448, Dec. 28, 1973; Amdt. 121–136, 42 FR 43389, Aug. 29, 1977; Amdt. 121–366, 78 FR
lpowell on DSK54DXVN1OFR with $$_JOB

67844, Nov. 12, 2013]

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Pt. 121, App. G 14 CFR Ch. I (1–1–16 Edition)

APPENDIX G TO PART 121—DOPPLER (d) A probable failure or malfunction with-


RADAR AND INERTIAL NAVIGATION in the system must not result in loss of the
SYSTEM (INS): REQUEST FOR EVAL- aircraft’s required navigation capability.
(e) The alignment, updating, and naviga-
UATION; EQUIPMENT AND EQUIPMENT tion computer functions of the system must
INSTALLATION; TRAINING PROGRAM; not be invalidated by normal aircraft power
EQUIPMENT ACCURACY AND RELI- interruptions and transients.
ABILITY; EVALUATION PROGRAM (f) The system must not be the source of
cause of objectionable radio frequency inter-
1. Application authority. (a) An applicant for ference, and must not be adversely affected
authority to use a Doppler Radar or Inertial by radio frequency interference from other
Navigation System must submit a request aircraft systems.
for evaluation of the system to the Flight (g) The FAA-approved airplane flight man-
Standards District Office or International ual, or supplement thereto, must include
Field Office charged with the overall inspec- pertinent material as required to define the
tion of its operations 30 days prior to the normal and emergency operating procedures
start of evaluation flights. and applicable operating limitations associ-
(b) The application must contain: ated with INS and Doppler performance
(1) A summary of experience with the sys- (such as maximum latitude at which ground
tem showing to the satisfaction of the Ad- alignment capability is provided, or devi-
ministrator a history of the accuracy and re- ations between systems).
3. Equipment and equipment installation—In-
liability of the system proposed to be used.
ertial Navigation Systems (INS). (a) If an appli-
(2) A training program curriculum for ini- cant elects to use an Inertial Navigation
tial approval under § 121.405. System it must be at least a dual system (in-
(3) A maintenance program for compliance cluding navigational computers and ref-
with subpart L of this part. erence units). At least two systems must be
(4) A description of equipment installation. operational at takeoff. The dual system may
(5) Proposed revisions to the Operations consist of either two INS units, or one INS
Manual outlining all normal and emergency unit and one Doppler Radar unit.
procedures relative to use of the proposed (b) Each Inertial Navigation System must
system, including detailed methods for con- incorporate the following:
tinuing the navigational function with par- (1) Valid ground alignment capability at
tial or complete equipment failure, and all latitudes appropriate for intended use of
methods for determining the most accurate the installation.
system when an unusually large divergence (2) A display of alignment status or a ready
between systems occurs. For the purpose of to navigate light showing completed align-
this appendix, a large divergence is a diver- ment to the flight crew.
gence that results in a track that falls be- (3) The present position of the airplane in
yond clearance limits. suitable coordinates.
(6) Any proposed revisions to the minimum (4) Information relative to destinations or
equipment list with adequate justification waypoint positions:
therefor. (i) The information needed to gain and
(7) A list of operations to be conducted maintain a desired track and to determine
deviations from the desired track.
using the system, containing an analysis of
(ii) The information needed to determine
each with respect to length, magnetic com-
distance and time to go to the next waypoint
pass reliability, availability of en route aids,
or destination.
and adequacy of gateway and terminal radio
(c) For INS installations that do not have
facilities to support the system. For the pur-
memory or other inflight alignment means,
pose of this appendix, a gateway is a specific
a separate electrical power source (inde-
navigational fix where use of long range pendent of the main propulsion system) must
navigation commences or terminates. be provided which can supply, for at least 5
2. Equipment and equipment installation—In- minutes, enough power (as shown by analysis
ertial Navigation Systems (INS) or Doppler or as demonstrated in the airplane) to main-
Radar System. (a) Inertial Navigation and tain the INS in such condition that its full
Doppler Radar Systems must be installed in capability is restored upon the reactivation
accordance with applicable airworthiness re- of the normal electrical supply.
quirements. (d) The equipment must provide such vis-
(b) Cockpit arrangement must be visible ual, mechanical, or electrical output signals
and useable by either pilot seated at his duty as may be required to permit the flight crew
station. to detect probable failures or malfunctions
(c) The equipment must provide, by visual, in the system.
mechanical, or electrical output signals, in- 4. Equipment and equipment installation—
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dications of the invalidity of output data Doppler Radar Systems. (a) If an applicant
upon the occurrence of probable failures or elects to use a Doppler Radar System it
malfunctions within the system. must be at least a dual system (including

292

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Federal Aviation Administration, DOT Pt. 121, App. H
dual antennas or a combined antenna de- (c) Each Doppler Radar System must meet
signed for multiple operation), except that: accuracy requirements of ±20 miles cross-
(1) A single operating transmitter with a track and ±25 miles along-track for 95 per-
standby capable of operation may be used in cent of the system flights completed. Updat-
lieu of two operating transmitters. ing is permitted.
(2) Single heading source information to A system that does not meet the require-
all installations may be utilized, provided a ments of this section will be considered a
compass comparator system is installed and failed system.
operational procedures call for frequent 7. Evaluation program. (a) Approval by eval-
cross-checks of all compass heading indica- uation must be requested as a part of the ap-
tors by crewmembers. plication for operational approval of a Dopp-
The dual system may consist of either two ler Radar or Inertial Navigation System.
Doppler Radar units or one Doppler Radar (b) The applicant must provide sufficient
unit and one INS unit. flights which show to the satisfaction of the
(b) At least two systems must be oper- Administrator the applicant’s ability to use
ational at takeoff. cockpit navigation in his operation.
(c) As determined by the Administrator (c) The Administrator bases his evaluation
and specified in the certificate holder’s oper- on the following:
ations specifications, other navigational aids (1) Adequacy of operational procedures.
may be required to update the Doppler Radar (2) Operational accuracy and reliability of
for a particular operation. These may in- equipment and feasibility of the system with
clude Loran, Consol, DME, VOR, ADF, regard to proposed operations.
ground-based radar, and airborne weather (3) Availability of terminal, gateway, area,
radar. When these aids are required, the and en route ground-based aids, if required,
cockpit arrangement must be such that all to support the self-contained system.
controls are accessible to each pilot seated (4) Acceptability of cockpit workload.
at his duty station. (5) Adequacy of flight crew qualifications.
5. Training programs. The initial training (6) Adequacy of maintenance training and
program for Doppler Radar and Inertial availability of spare parts.
Navigation Systems must include the fol- After successful completion of evaluation
lowing: demonstrations, FAA approval is indicated
(a) Duties and responsibilities of flight by issuance of amended operations specifica-
crewmembers, dispatchers, and maintenance tions and en route flight procedures defining
personnel. the new operation. Approval is limited to
(b) For pilots, instruction in the following: those operations for which the adequacy of
(1) Theory and procedures, limitations, de- the equipment and the feasibility of cockpit
tection of malfunctions, preflight and navigation has been satisfactorily dem-
inflight testing, and cross-checking methods. onstrated.
(2) The use of computers, an explanation of
all systems, compass limitations at high [Doc. No. 10204, 37 FR 6464, Mar. 30, 1972, as
latitudes, a review of navigation, flight plan- amended by Amdt. 121–207, 54 FR 39293, Sept.
ning, and applicable meteorology. 25, 1989]
(3) The methods for updating by means of
reliable fixes. APPENDIX H TO PART 121—ADVANCED
(4) The actual plotting of fixes. SIMULATION
(c) Abnormal and emergency procedures.
6. Equipment accuracy and reliability. (a) This appendix provides guidelines and a
Each Inertial Navigation System must meet means for achieving flightcrew training in
the following accuracy requirements, as ap- advanced airplane simulators. The require-
propriate: ments in this appendix are in addition to the
(1) For flights up to 10 hours’ duration, no simulator approval requirements in § 121.407.
greater than 2 nautical miles per hour of cir- Each simulator used under this appendix
cular error on 95 percent of system flights must be approved as a Level B, C, or D simu-
completed is permitted. lator, as appropriate.
(2) For flights over 10 hours’ duration, a
ADVANCED SIMULATION TRAINING PROGRAM
tolerance of ±20 miles cross-track and ±25
miles along-track on 95 percent of system For an operator to conduct Level C or D
flights completed is permitted. training under this appendix all required
(b) Compass heading information to the simulator instruction and checks must be
Doppler Radar must be maintained to an ac- conducted under an advanced simulation
curacy of ±1° and total system deviations training program approved by the Adminis-
must not exceed 2°. When free gyro tech- trator for the operator. This program must
niques are used, procedures shall be utilized also ensure that all instructors and check
lpowell on DSK54DXVN1OFR with $$_JOB

to ensure that an equivalent level of heading airmen used in appendix H training and
accuracy and total system deviation is at- checking are highly qualified to provide the
tained. training required in the training program.

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Pt. 121, App. K 14 CFR Ch. I (1–1–16 Edition)
The advanced simulation training program LEVEL C
must include the following:
1. The operator’s initial, transition, up- Training and Checking Permitted
grade, and recurrent simulator training pro- 1. For all pilots, transition training be-
grams and its procedures for re-establishing tween airplanes in the same group, and for a
recency of experience in the simulator. pilot in command the certification check re-
2. How the training program will integrate quired by § 61.153 of this chapter.
Level B, C, and D simulators with other sim- 2. Upgrade to pilot-in-command training
ulators and training devices to maximize the and the certification check when the pilot—
total training, checking, and certification a. Has previously qualified as second in
functions. command in the equipment to which the
3. Documentation that each instructor and pilot is upgrading;
check airman has served for at least 1 year b. Has at least 500 hours of actual flight
in that capacity in a certificate holder’s ap- time while serving as second in command in
proved program or has served for at least 1 an airplane of the same group; and
c. Is currently serving as second in com-
year as a pilot in command or second in com-
mand in an airplane in this same group.
mand in an airplane of the group in which
3. Initial pilot-in-command training and
that pilot is instructing or checking.
the certification check when the pilot—
4. A procedure to ensure that each instruc- a. Is currently serving as second in com-
tor and check airman actively participates mand in an airplane of the same group;
in either an approved regularly scheduled b. Has a minimum of 2,500 flight hours as
line flying program as a flight crewmember second in command in an airplane of the
or an approved line observation program in same group; and
the same airplane type for which that person c. Has served as second in command on at
is instructing or checking. least two airplanes of the same group.
5. A procedure to ensure that each instruc- 4. For all second-in-command pilot appli-
tor and check airman is given a minimum of cants who meet the aeronautical experience
4 hours of training each year to become fa- requirements of § 61.159 of this chapter in the
miliar with the operator’s advanced simula- airplane, the initial and upgrade training
tion training program, or changes to it, and and checking required by this part, and the
to emphasize their respective roles in the certification check requirements of § 61.153 of
program. Training for simulator instructors this chapter.
and check airmen must include training 5. For all pilots, the extended envelope
policies and procedures, instruction methods training required by § 121.423 of this part.
and techniques, operation of simulator con-
trols (including environmental and trouble LEVEL D
panels), limitations of the simulator, and
Training and Checking Permitted
minimum equipment required for each
course of training. Except for the requirements listed in the
6. A special Line Oriented Flight Training next sentence, all pilot flight training and
(LOFT) program to facilitate the transition checking required by this part and the cer-
from the simulator to line flying. This LOFT tification check requirements of § 61.153(h) of
program must consist of at least a 4-hour this chapter. The line check required by
course of training for each flightcrew. It also § 121.440, the static airplane requirements of
must contain at least two representative appendix E of this part, and the operating
flight segments of the operator’s route. One experience requirements of § 121.434 must
of the flight segments must contain strictly still be performed in the airplane.
normal operating procedures from push back [Doc. No. FAA–2002–12461, 71 FR 63640, Oct.
at one airport to arrival at another. Another 30, 2006, as amended by Amdt. 121–365, 78 FR
flight segment must contain training in ap- 42379, July 15, 2013; Amdt. 121–366, 78 FR
propriate abnormal and emergency flight op- 67846, Nov. 12, 2013]
erations. After March 12, 2019, the LOFT
must provide an opportunity for the pilot to APPENDIXES I–J TO PART 121
demonstrate workload management and [RESERVED]
pilot monitoring skills.

LEVEL B
APPENDIX K TO PART 121—PERFORM-
ANCE REQUIREMENTS FOR CERTAIN
Training and Checking Permitted TURBOPROPELLER POWERED AIR-
PLANES
1. Recency of experience (§ 121.439).
2. Night takeoffs and landings (Part 121, 1. Applicability. This appendix specifies re-
Appendix E). quirements for the following turbopropeller
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3. Landings in a proficiency check without powered airplanes that must comply with
the landing on the line requirements the Airplane Performance Operating Limita-
(§ 121.441). tions in §§ 121.189 through 121.197:

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Federal Aviation Administration, DOT Pt. 121, App. L
a. After December 20, 2010, each airplane egory performance requirements specified in
manufactured before March 20, 1997 and type this appendix, which are included in part 23
certificated in the: of this chapter. Each new revision to a cur-
i. Normal category before July 1, 1970, and rent airplane performance operating limita-
meets special conditions issued by the Ad- tion for an airplane that is or has been dem-
ministrator for airplanes intended for use in onstrated to comply, must also be approved
operations under part 135 of this chapter. by the Administrator. An airplane approved
ii. Normal category before July 19, 1970, to the requirements of section 1.(b) of SFAR
and meets the additional airworthiness No. 41 of 14 CFR part 21, as described in para-
standards in SFAR No. 23 of 14 CFR part 23.
graph 1.a.iv of this appendix, and that has
iii. Normal category, and complies with
been demonstrated to comply with the addi-
the additional airworthiness standards in ap-
pendix A of part 135 of this chapter. tional requirements of section 4.(c) of SFAR
iv. Normal category, and complies with No. 41 of 14 CFR part 21 and International
section 1.(a) or 1.(b) of SFAR No. 41 of 14 CFR Civil Aviation Organization Annex 8 (avail-
part 21. able from the FAA, 800 Independence Avenue
b. After March 20, 1997, each airplane: SW., Washington, DC 20591), will be consid-
i. Type certificated prior to March 29, 1995, ered to be in compliance with the commuter
in the commuter category. category performance requirements.
ii. Manufactured on or after March 20, 1997, b. Each turbopropeller powered airplane
and that was type certificated in the normal subject to this appendix must be dem-
category, and complies with the require- onstrated to comply with the airplane per-
ments described in paragraphs 1.a.i through formance operating limitation requirements
iii of this appendix. of this chapter specified as follows:
2. Background. Sections 121.157 and i. Section 23.45 Performance General.
121.173(b) require that the airplanes operated ii. Section 23.51 Takeoff.
under this part and described in paragraph 1
iii. Section 23.53 Takeoff speeds.
of this appendix, comply with the Airplane
Performance Operating Limitations in iv. Section 23.55 Accelerate stop distance.
§§ 121.189 through 121.197. Airplanes described v. Section 23.57 Takeoff path.
in § 121.157(f) and paragraph 1.a of this appen- vi. Section 23.59 Takeoff distance and take-
dix must comply on and after December 20, off run.
2010. Airplanes described in § 121.157(e) and vii. Section 23.61 Takeoff flight path.
paragraph 1.b of this appendix must comply viii. Section 23.65 Climb: All engines oper-
on and after March 20, 1997. (Airplanes type ating.
certificated in the normal category, and in ix. Section 23.67 Climb: one engine inoper-
accordance with SFAR No. 41 of 14 CFR part ative.
21, as described in paragraph 1.a.iv of this ap- x. Section 23.75 Landing.
pendix, may not be produced after October
xi. Section 23.77 Balked landing.
17, 1991.)
3. References. Unless otherwise specified, xii. Sections 23.1581 through 23.1589 Air-
references in this appendix to sections of plane flight manual and approved manual
part 23 of this chapter are to those sections material.
of 14 CFR part 23, as amended by Amend- 6. Operation. After compliance with the
ment No. 23–45 (August 6, 1993, 58 FR 42156). final airplane performance operating limita-
tions requirements has been demonstrated
Performance and added to the Airplane Flight Manual
4. Interim Airplane Performance Operating performance data of the affected airplane,
Limitations. that airplane must be operated in accordance
a. Until December 20, 2010, airplanes de- with the performance limitations of §§ 121.189
scribed in paragraph 1.a of this appendix may through 121.197.
continue to comply with the requirements in
[Doc. No. 28154, 60 FR 65936, Dec. 20, 1995, as
subpart I of part 135 and § 135.181(a)(2) of this
amended by Doc. No. OST–2002–13435]
chapter that apply to small, nontransport
category airplanes.
b. Until March 20, 1997, airplanes described APPENDIX L TO PART 121—TYPE CER-
in paragraph 1.b.i of this appendix may con- TIFICATION REGULATIONS MADE PRE-
tinue to comply with the requirements in VIOUSLY EFFECTIVE
subpart I of part 135 of this chapter that
apply to commuter category airplanes. Appendix L lists regulations in this part
5. Final Airplane Performance Operating Lim- that require compliance with standards con-
itations. tained in superseded type certification regu-
a. Through an amended type certification lations that continue to apply to certain
program or a supplemental type certification transport category airplanes. The tables set
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program, each airplane described in para- out citations to current CFR section, appli-
graph 1.a and 1.b.ii of this appendix must be cable aircraft, superseded type certification
shown to comply with the commuter cat- regulation and applicable time periods, and

295

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Pt. 121, App. L 14 CFR Ch. I (1–1–16 Edition)
the CFR edition and FEDERAL REGISTER doc- tion Administration Law Library, Room 924,
uments where the regulation having prior ef- 800 Independence Avenue SW., Washington,
fect is found. Copies of all superseded regula- DC.
tions may be obtained at the Federal Avia-

Part 121 section Applicable aircraft Provisions: CFR/FR references

§ 121.312(a)(1)(i) ............ Transport category; or nontransport category Heat release rate testing. 14 CFR 25.853(d) in
type certificated before January 1, 1965; pas- effect March 6, 1995: 14 CFR parts 1 to 59,
senger capacity of 20 or more; manufactured Revised as of January 1, 1995, and amended
prior to August 20, 1990. by Amdt. 25–83, 60 FR 6623, February 2,
1995.
Formerly 14 CFR 25.853(a–1) in effect August
20, 1986: 14 CFR parts 1 to 59, Revised as of
January 1, 1986.
§ 121.312(a)(1)(ii) ........... Transport category; or nontransport category Heat release rate and smoke testing. 14 CFR
type certificated before January 1, 1965; pas- 25.853(d) in effect March 6, 1995: 14 CFR
senger capacity of 20 or more; manufactured parts 1 to 59, Revised as of January 1, 1995,
after August 19, 1990. and amended by Amdt. 25–83, 60 FR 6623,
February 2, 1995.
Formerly 14 CFR 25.853(a–1) in effect Sep-
tember 26, 1988: 14 CFR parts 1 to 59, Re-
vised as of January 1, 1988, and amended by
Amdt. 25–66, 53 FR 32584, August 25, 1988
§ 121.312(a)(2)(i) ............ Transport category; or nontransport category Provisions of 14 CFR 25.853 in effect on April
type certificate before January 1, 1965; appli- 30, 1972: 14 CFR parts 1 to 59, Revised as of
cation for type certificate filed prior to May 1, January 1, 1972.
1972; substantially complete replacement of
cabin interior on or after May 1, 1972.
§ 121.312(a)(3)(i) ............ Transport category type certificated after January Heat release rate testing. 14 CFR 25.853(d) in
1, 1958; nontransport category type certificated effect March 6, 1995: 14 CFR parts 1 to 59,
after January 1, 1958, but before January 1, Revised as of January 1, 1995; and amended
1965; passenger capacity of 20 or more; sub- by \n25–83, 60 FR 6623, February 2, 1995.
stantially complete replacement of the cabin in- Formerly 14 CFR 25.853(a–1) in effect August
terior on or after March 6, 1995. 20, 1986: 14 CFR parts 1 to 59, Revised as of
January 1, 1986.
§ 121.312(a)(3)(ii) ........... Transport category type certificated after January Heat release rate and smoke testing. 14 CFR
1, 1958; nontransport category type certificated 25.853(d) in effect March 6, 1995; 14 CFR
after January 1, 1958, but before January 1, parts 1 to 59, Revised as of January 1, 1995;
1965; passenger capacity of 20 or more; sub- and amended by \n25–83, 60 FR 6623, Feb-
stantially complete replacement of the cabin in- ruary 2, 1995.
terior on or after August 20, 1990. Formerly 14 CFR § 25.853(a–1) in effect Sep-
tember 26, 1988: CFR, Title 14, Parts 1 to 59,
Revised as of January 1, 1988, and amended
by \n25–66, 53 FR 32584, August 25, 1988.
§ 121.312(b) (1) and (2) Transport category airplane type certificated after Seat cushions. 14 CFR 25.853(c) effective on
January 1, 1958; Nontransport category air- November 26, 1984: 14 CFR parts 1 to 59,
plane type certificated after December 31, Revised as of January 1, 1984, and amended
1964. by \n25–59, 49 FR 43188, October 26, 1984.
§ 121.312(c) .................... Airplane type certificated in accordance with Compartment interior requirements. 14 CFR
SFAR No. 41; maximum certificated takeoff 25.853(a) in effect March 6, 1995: 14 CFR
weight in excess of 12,500 pounds. parts 1 to 59, Revised as of January 1, 1995,
and amended by \n25–83, 60 FR 6623, Feb-
ruary 2, 1995.
Formerly 14 CFR 25.853(a), (b–1), (b–2), and
(b–3) in effect on September 26, 1978: 14
CFR parts 1 to 59, Revised as of January 1,
1978.
§ 121.314(a) ................... Transport category airplanes type certificated Class C or D cargo or baggage compartment
after January 1, 1958. definition, 14 CFR 25.857 in effect on June 16,
1986, 14 CFR parts 1 to 59, Revised 1/1/97,
and amended by Amendment 25–60, 51 FR
18243, May 16, 1986.

[Doc. No. 28154, 60 FR 65936, Dec. 20, 1995, as amended by Amdt. 121–269, 63 FR 8049, Feb. 17,
1998]
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Federal Aviation Administration, DOT Pt. 121, App. M

APPENDIX M TO PART 121—AIRPLANE FLIGHT RECORDER SPECIFICATIONS


The recorded values must meet the designated range, resolution and accuracy requirements during static and dynamic condi-
tions. Dynamic condition means the parameter is experiencing change at the maximum rate attainable, including the maximum
rate of reversal. All data recorded must be correlated in time to within one second.

Accuracy (sensor Seconds per


Parameters Range Resolution Remarks
input) sampling interval

1. Time or relative 24 Hrs, 0 to ±0.125% per 4 ........................ 1 sec ................. UTC time preferred when
times counts. 1 4095. hour. available. Count incre-
ments each 4 seconds of
system operation.
2. Pressure Alti- ¥1000 ft to max ±100 to ±700 ft 1 ........................ 5′ to 35′ ............. Data should be obtained
tude. certificated alti- (see table, from the air data computer
tude of aircraft. TSO C124a or when practicable.
+ 5000 ft. TSO C51a).
3. Indicated air- 50 KIAS or min- ±5% and ±3% .... 1 ........................ 1 kt .................... Data should be obtained
speed or Cali- imum value to from the air data computer
brated airspeed. Max Vso to 1.2 when practicable.
V. D.
4. Heading (Pri- 0–360° and Dis- ±2° ..................... 1 ........................ 0.5° .................... When true or magnetic head-
mary flight crew crete ‘‘true’’ or ing can be selected as the
reference). ‘‘mag’’. primary heading reference,
a discrete indicating selec-
tion must be recorded.
5. Normal accel- ¥3g to + 6g ...... ±1% of max 0.125 ................. 0.004g.
eration range exclud-
(vertical) 9. ing datum
error of ±5%.
6. Pitch Attitude .. ±75° ................... ±2° ..................... 1 or 0.25 for air- 0.5° .................... A sampling rate of 0.25 is
planes oper- recommended.
ated under
§ 121.344(f).
7. Roll attitude 2 ... ±180° ................. ±2° ..................... 1 or 0.5 for air- 0.5 ..................... A sampling rate of 0.5 is rec-
planes oper- ommended.
ated under
§ 121.344(f).
8. Manual Radio On-Off (Discrete) ........................... 1 ........................ ........................... Preferably each crew mem-
Transmitter None ber but one discrete ac-
Keying or CVR/ ceptable for all trans-
DFDR synchro- mission provided the CVR/
nization ref- FDR system complies with
erence. TSO C124a CVR synchro-
nization requirements
(paragraph 4.2.1 ED–55).
9. Thrust/power Full range for- ±2% ................... 1 (per engine) ... 0.3% of full Sufficient parameters (e.g.
on each en- ward. range. EPR, N1 or Torque, NP)
gine—primary as appropriate to the par-
flight crew ref- ticular engine being re-
erence. corded to determine power
in forward and reverse
thrust, including potential
overspeed condition.
10. Autopilot En- Discrete ‘‘on’’ or ........................... 1 ........................ ...........................
gagement. ‘‘off’’.
11. Longitudinal ±1g .................... ±1.5% max. 0.25 ................... 0.004g ...............
Acceleration. range exclud-
ing datum
error of ±5%.
12a. Pitch con- Full Range ......... ±2° unless high- 0.5 or 0.25 for 0.5% of full For airplanes that have a
trol(s) position er accuracy airplanes oper- range. flight control breakaway
(nonfly-by-wire uniquely re- ated under capability that allows either
systems). 18 quired. § 121.344(f). pilot to operate the controls
independently, record both
control inputs. The control
inputs may be sampled al-
ternately once per second
to produce the sampling in-
terval of 0.5 or 0.25, as ap-
plicable.
±2° unless high-
lpowell on DSK54DXVN1OFR with $$_JOB

12b. Pitch con- Full Range ......... 0.5 or 0.25 for 0.2% of full
trol(s) position er accuracy airplanes oper- range.
(fly-by-wire sys- uniquely re- ated under
tems). 3,18 quired. § 121.344(f).

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Pt. 121, App. M 14 CFR Ch. I (1–1–16 Edition)
The recorded values must meet the designated range, resolution and accuracy requirements during static and dynamic condi-
tions. Dynamic condition means the parameter is experiencing change at the maximum rate attainable, including the maximum
rate of reversal. All data recorded must be correlated in time to within one second.

Accuracy (sensor Seconds per


Parameters Range Resolution Remarks
input) sampling interval

13a. Lateral con- Full Range ......... ±2° unless high- 0.5 or 0.25 for 0.2% of full For airplanes that have a
trol position(s) er accuracy airplanes oper- range. flight control breakaway
(nonfly-by- uniquely re- ated under capability that allows either
wire). 18 quired. § 121.344(f). pilot to operate the controls
independently, record both
control inputs. The control
inputs may be sampled al-
ternately once per second
to produce the sampling in-
terval of 0.5 or 0.25, as ap-
plicable.
13b. Lateral con- Full Range ......... ±2° unless high- 0.5 or 0.25 for 0.2% of full
trol position(s) er accuracy airplanes oper- range..
(fly-by-wire). 4,18 uniquely re- ated under
quired. § 121.344(f).
14a. Yaw control Full Range ......... ±2° unless high- 0.5 ..................... 0.3% of full For airplanes that have a
position(s) er accuracy range. flight control breakaway
(nonfly-by- uniquely re- capability that allows either
wire). 5,18 quired. pilot to operate the controls
independently, record both
control inputs. The control
inputs may be sampled al-
ternately once per second
to produce the sampling in-
terval of 0.5.
14b. Yaw control Full Range ......... ±2° unless high- 0.5 ..................... 0.2% of full
position(s) (fly- er accuracy range.
by-wire). 18 uniquely re-
quired.
15. Pitch control Full Range ......... ±2° unless high- 0.5 or 0.25 for 0.3% of full For airplanes fitted with mul-
surface(s) posi- er accuracy airplanes oper- range. tiple or split surfaces, a
tion. 6,18 uniquely re- ated under suitable combination of in-
quired. § 121.344(f). puts is acceptable in lieu of
recording each surface
separately. The control
surfaces may be sampled
alternately once per sec-
ond to produce the sam-
pling interval of 0.5 or
0.25, as applicable.
16. Lateral control Full Range ......... ±2° unless high- 0.5 or 0.25 for 0.3% of full A suitable combination of
surface(s) posi- er accuracy airplanes oper- range. surface position sensors is
tion. 7,18 uniquely re- ated under acceptable in lieu of re-
quired. § 121.344(f). cording each surface sepa-
rately. The control surfaces
may be sampled alter-
nately to produce the sam-
pling interval of 0.5 or
0.25, as applicable.
17. Yaw control Full Range ......... ±2° unless high- 0.5 ..................... 0.2% of full For airplanes with multiple or
surface(s) posi- er accuracy range. split surfaces, a suitable
tion. 8,18 uniquely re- combination of surface po-
quired. sition sensors is accept-
able in lieu of recording
each surface separately.
The control surfaces may
be sampled alternately to
produce the sampling inter-
val of 0.5.
18. Lateral Accel- ±1g .................... ±1.5% max. 0.25 ................... 0.004g
eration. range exclud-
ing datum
error of ±5%.
19. Pitch Trim Full Range ......... ±3° Unless High- 1 ........................ 0.6% of full
lpowell on DSK54DXVN1OFR with $$_JOB

Surface Posi- er Accuracy range.


tion. Uniquely Re-
quired.

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Federal Aviation Administration, DOT Pt. 121, App. M
The recorded values must meet the designated range, resolution and accuracy requirements during static and dynamic condi-
tions. Dynamic condition means the parameter is experiencing change at the maximum rate attainable, including the maximum
rate of reversal. All data recorded must be correlated in time to within one second.

Accuracy (sensor Seconds per


Parameters Range Resolution Remarks
input) sampling interval

20. Trailing Edge Full Range or ±3° or as Pilot’s 2 ........................ 0.5% of full Flap position and cockpit
Flap or Cockpit Each Position indicator. range. control may each be sam-
Control Selec- (discrete). pled at 4 second intervals,
tion. 10. to give a data point every
2 seconds.
21. Leading Edge Full Range or ±3° or as Pilot’s 2 ........................ 0.5% of full Left and right sides, or flap
Flap or Cockpit Each Discrete indicator and range. position and cockpit control
Control Selec- Position. sufficient to may each be sampled at 4
tion. 11. determine second intervals, so as to
each discrete give a data point every 2
position. seconds.
22. Each Thrust Stowed, In Tran- ........................... 1 (per engine) ... ........................... Turbo-jet—2 discretes enable
Reverser Posi- sit, and Re- the 3 states to be deter-
tion (or equiva- verse (Dis- mined.
lent for pro- crete). Turbo-prop—discrete.
peller airplane).
23. Ground spoil- Full range or ±2° Unless high- 1 or 0.5 for air- 0.5% of full
er position or each position er accuracy planes oper- range.
brake selec- (discrete). uniquely re- ated under
tion 12. quired. § 121.344(f).
24. Outside Air ¥50 °C to + 90 ±2 °C ................. 2 ........................ 0.3 °C ................
Temperature or °C.
Total Air Tem-
perature. 13.
25. Autopilot/ A suitable com- ........................... 1 ........................ ........................... Discretes should show which
Autothrottle/ bination of systems are engaged and
AFCS Mode discretes. which primary modes are
and Engage- controlling the flight path
ment Status. and speed of the aircraft.
26. Radio Alti- ¥20 ft to 2,500 ±2 ft or ±3% 1 ........................ 1 ft + 5% above For autoland/category 3 op-
tude 14. ft. whichever is 500 ft. erations. Each radio altim-
greater below eter should be recorded,
500 ft and but arranged so that at
±5% above least one is recorded each
500 ft. second.
27. Localizer De- ±400 Microamps As installed ±3% 1 ........................ 0.3% of full For autoland/category 3 op-
viation, MLS or available recommended. range. erations. Each system
Azimuth, or sensor range should be recorded but ar-
GPS Latitude as installed. ranged so that at least one
Deviation. ±62° is recorded each second. It
is not necessary to record
ILS and MLS at the same
time, only the approach aid
in use need be recorded.
28. Glideslope ±400 Microamps As installed + 1 ........................ 0.3% of full For autoland/category 3 op-
Deviation, MLS or available /3¥3% rec- range. erations. Each system
Elevation, or sensor range ommended. should be recorded but ar-
GPS Vertical as installed ranged so that at least one
Deviation. 0.9 to + 30° is recorded each second. It
is not necessary to record
ILS and MLS at the same
time, only the approach aid
in use need be recorded.
29. Marker Bea- Discrete ‘‘on’’ or ........................... 1 ........................ ........................... A single discrete is accept-
con Passage. ‘‘off’’. able for all markers.
30. Master Warn- Discrete ............. ........................... 1 ........................ ........................... Record the master warning
ing. and record each ‘‘red’’
warning that cannot be de-
termined from other pa-
rameters or from the cock-
pit voice recorder.
31. Air/ground Discrete ‘‘air’’ or ........................... 1 (0.25 rec-
sensor (primary ‘‘ground’’. ommended).
airplane system
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reference nose
or main gear).

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Pt. 121, App. M 14 CFR Ch. I (1–1–16 Edition)
The recorded values must meet the designated range, resolution and accuracy requirements during static and dynamic condi-
tions. Dynamic condition means the parameter is experiencing change at the maximum rate attainable, including the maximum
rate of reversal. All data recorded must be correlated in time to within one second.

Accuracy (sensor Seconds per


Parameters Range Resolution Remarks
input) sampling interval

32. Angle of At- As installed ........ As installed ........ 2 or 0.5 for air- 0.3% of full If left and right sensors are
tack (If meas- planes oper- range. available, each may be re-
ured directly). ated under corded at 4 or 1 second in-
§ 121.344(f). tervals, as appropriate, so
as to give a data point at 2
seconds or 0.5 second, as
required.
33. Hydraulic Discrete or avail- ±5% ................... 2 ........................ 0.5% of full
Pressure Low, able sensor range.
Each System. range, ‘‘low’’ or
‘‘normal’’.
34. Groundspeed As Installed ....... Most Accurate 1 ........................ 0.2% of full
Systems In- range.
stalled.
35. GPWS Discrete ‘‘warn- ........................... 1 ........................ ........................... A suitable combination of
(ground prox- ing’’ or ‘‘off’’. discretes unless recorder
imity warning capacity is limited in which
system). case a single discrete for
all modes is acceptable.
36. Landing Gear Discrete ............. ........................... 4 ........................ ........................... A suitable combination of
Position or discretes should be re-
Landing gear corded.
cockpit control
selection.
37. Drift Angle. 15 As installed ........ As installed ........ 4 ........................ 0.1° ....................
38. Wind Speed As installed ........ As installed ........ 4 ........................ 1 knot, and 1.0°.
and Direction.
39. Latitude and As installed ........ As installed ........ 4 ........................ 0.002°, or as in- Provided by the Primary
Longitude. stalled. Navigation System Ref-
erence. Where capacity
permits Latitude/longitude
resolution should be
0.0002°.
40. Stick shaker Discrete(s) ‘‘on’’ ........................... 1 ........................ ........................... A suitable combination of
and pusher acti- or ‘‘off’’. discretes to determine acti-
vation. vation.
41. Windshear Discrete ‘‘warn- ........................... 1.
Detection. ing’’ or ‘‘off’’.
42. Throttle/power Full Range ......... ±2% ................... 1 for each lever 2% of full range For airplanes with non-me-
Leverl posi- chanically linked cockpit
tion. 16. engine controls.
43. Additional En- As installed ........ As installed ........ Each engine 2% of full range Where capacity permits, the
gine Param- each second. preferred priority is indi-
eters. cated vibration level, N2,
EGT, Fuel Flow, Fuel Cut-
off lever position and N3,
unless engine manufac-
turer recommends other-
wise.
44. Traffic Alert Discretes ........... As installed ........ 1 ........................ ........................... A suitable combination of
and Collision discretes should be re-
Avoidance Sys- corded to determine the
tem (TCAS). status of—Combined Con-
trol, Vertical Control, Up
Advisory, and Down Advi-
sory. (ref. ARINC Char-
acteristic 735 Attachment
6E, TCAS VERTICAL RA
DATA OUTPUT WORD.)
45. DME 1 and 2 0–200 NM ......... As installed ........ 4 ........................ 1 NM ................. 1 mile
Distance.
46. Nav 1 and 2 Full Range ......... As installed ........ 4 ........................ ........................... Sufficient to determine se-
Selected Fre- lected frequency
quency.
lpowell on DSK54DXVN1OFR with $$_JOB

47. Selected baro- Full Range ......... ±5% ................... (1 per 64 sec.) .. 0.2% of full
metric setting. range
48. Selected Alti- Full Range ......... ±5% ................... 1 ........................ 100 ft
tude.

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Federal Aviation Administration, DOT Pt. 121, App. M
The recorded values must meet the designated range, resolution and accuracy requirements during static and dynamic condi-
tions. Dynamic condition means the parameter is experiencing change at the maximum rate attainable, including the maximum
rate of reversal. All data recorded must be correlated in time to within one second.

Accuracy (sensor Seconds per


Parameters Range Resolution Remarks
input) sampling interval

49. Selected Full Range ......... ±5% ................... 1 ........................ 1 knot


speed.
50. Selected Full Range ......... ±5% ................... 1 ........................ .01
Mach.
51. Selected Full Range ......... ±5% ................... 1 ........................ 100 ft/min
vertical speed.
52. Selected Full Range ......... ±5% ................... 1 ........................ 1°
heading.
53. Selected flight Full Range ......... ±5% ................... 1 ........................ 1°
path.
54. Selected deci- Full Range ......... ±5% ................... 64 ...................... 1 ft
sion height.
55. EFIS display Discrete(s) ......... ........................... 4 ........................ ........................... Discretes should show the
format. display system status (e.g.,
off, normal, fail, composite,
sector, plan, nav aids,
weather radar, range,
copy.
56. Multi-function/ Discrete(s) ......... ........................... 4 ........................ ........................... Discretes should show the
Engine Alerts display system status (e.g.,
Display format. off, normal, fail, and the
identity of display pages
for emergency procedures,
need not be recorded.
57. Thrust com- Full Range ......... ±2% ................... 2 ........................ 2% of full range.
mand. 17.
58. Thrust target Full Range ......... ±2% ................... 4 ........................ 2% of full range
59. Fuel quantity Full Range ......... ±5% ................... (1 per 64 sec.) .. 1% of full range
in CG trim tank.
60. Primary Navi- Discrete GPS, ........................... 4 ........................ ........................... A suitable combination of
gation System INS, VOR/ discretes to determine the
Reference. DME, MLS, Primary Navigation System
Loran C, reference.
Omega, Local-
izer Glideslope.
61. Ice Detection Discrete ‘‘ice’’ or ........................... 4
‘‘no ice’’.
62. Engine warn- Discrete ............. ........................... 1
ing each engine
vibration.
63. Engine warn- Discrete ............. ........................... 1
ing each engine
over temp.
64. Engine warn- Discrete ............. ........................... 1
ing each engine
oil pressure low.
65. Engine warn- Discrete ............. ........................... 1
ing each engine
over speed.
66. Yaw Trim Sur- Full Range ......... ±3% Unless 2 ........................ 0.3% of full
face Position. Higher Accu- range.
racy Uniquely
Required.
67. Roll Trim Sur- Full Range ......... ±3% Unless 2 ........................ 0.3% of full
face Position. Higher Accu- range.
racy Uniquely
Required.
68. Brake Pres- As installed ........ ±5% ................... 1 ........................ ........................... To determine braking effort
sure (left and applied by pilots or by
right). autobrakes.
69. Brake Pedal Discrete or Ana- ±5% (Analog) .... 1 ........................ ........................... To determine braking applied
Application (left log ‘‘applied’’ by pilots.
and right). or ‘‘off’’.
70. Yaw or side- Full Range ......... ±5% ................... 1 ........................ 0.5°
slip angle.
71. Engine bleed Discrete ‘‘open’’ ........................... 4
lpowell on DSK54DXVN1OFR with $$_JOB

valve position. or ‘‘closed’’.


72. De-icing or Discrete ‘‘on’’ or ........................... 4
anti-icing sys- ‘‘off’’.
tem selection.

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Pt. 121, App. M 14 CFR Ch. I (1–1–16 Edition)
The recorded values must meet the designated range, resolution and accuracy requirements during static and dynamic condi-
tions. Dynamic condition means the parameter is experiencing change at the maximum rate attainable, including the maximum
rate of reversal. All data recorded must be correlated in time to within one second.

Accuracy (sensor Seconds per


Parameters Range Resolution Remarks
input) sampling interval

73. Computed Full Range ......... ±5% ................... (1 per 64 sec.) .. 1% of full range
center of gravity.
74. AC electrical Discrete ‘‘power’’ ........................... 4 ........................ ........................... Each bus.
bus status. or ‘‘off’’.
75. DC electrical Discrete ‘‘power’’ ........................... 4 ........................ ........................... Each bus.
bus status. or ‘‘off’’.
76 APU bleed Discrete ‘‘open’’ ........................... 4
valve position. or ‘‘closed’’.
77. Hydraulic Full range .......... ±5% ................... 2 ........................ 100 psi
Pressure (each
system).
78. Loss of cabin Discrete ‘‘loss’’ ........................... 1.
pressure. or ‘‘normal’’.
79. Computer fail- Discrete ‘‘fail’’ or ........................... 4.
ure (critical ‘‘normal’’.
flight and en-
gine control
systems).
80. Heads-up dis- Discrete(s) ‘‘on’’ ........................... 4
play (when an or ‘‘off’’.
information
source is in-
stalled).
81. Para-visual Discrete(s) ‘‘on’’
display (when or ‘‘off’’.
an information
source is in-
stalled).
82. Cockpit trim Full Range ......... ±5% ................... 1 ........................ 0.2% of full Where mechanical means for
control input po- range. control inputs are not avail-
sition—pitch. able, cockpit display trim
positions should be re-
corded.
83. Cockpit trim Full Range ......... ±5% ................... 1 ........................ 0.7% of full Where mechanical means for
control input po- range. control inputs are not avail-
sition—roll. able, cockpit display trim
position should be re-
corded.
84. Cockpit trim Full range .......... ±5% ................... 1 ........................ 0.3% of full Where mechanical means for
control input po- range. control input are not avail-
sition—yaw. able, cockpit display trim
positions should be re-
corded.
85. Trailing edge Full Range ......... ±5% ................... 2 ........................ 0.5% of full Trailing edge flaps and cock-
flap and cockpit range. pit flap control position
flap control po- may each be sampled al-
sition. ternately at 4 second inter-
vals to provide a sample
each 0.5 second.
86. Leading edge Full Range or ±5% ................... 1 ........................ 0.5% of full
flap and cockpit Discrete. range
flap control po-
sition.
87. Ground spoil- Full range or dis- ±5% ................... 0.5 ..................... 0.3% of full
er position and crete. range.
speed brake se-
lection.
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Federal Aviation Administration, DOT Pt. 121, App. M
The recorded values must meet the designated range, resolution and accuracy requirements during static and dynamic condi-
tions. Dynamic condition means the parameter is experiencing change at the maximum rate attainable, including the maximum
rate of reversal. All data recorded must be correlated in time to within one second.

Accuracy (sensor Seconds per


Parameters Range Resolution Remarks
input) sampling interval

88. All cockpit Full range .......... ±5% ................... 1 ........................ 0.3% of full For fly-by-wire flight control
flight control Control wheel range. systems, where flight con-
input forces ±70 lbs. trol surface position is a
(control wheel, Control column function of the displace-
control column, ±85 lbs. ment of the control input
rudder Rudder pedal device only, it is not nec-
pedal) 18 19. ±165 lbs. essary to record this pa-
rameter. For airplanes that
have a flight control break
away capability that allows
either pilot to operate the
control independently,
record both control force
inputs. The control force
inputs may be sampled al-
ternately once per 2 sec-
onds to produce the sam-
pling interval of 1.
89. Yaw damper Discrete (on/off) 0.5 .....................
status.
90. Yaw damper Full range .......... As installed ........ 0.5 ..................... 1% of full range.
command.
91. Standby rud- Discrete ............. 0.5.
der valve status.
1 For A300 B2/B4 airplanes, resolution = 6 seconds.
2 For A330/A340 series airplanes, resolution = 0.703°.
3 For A318/A319/A320/A321 series airplanes, resolution = 0.275% (0.088°>0.064°).
For A330/A340 series airplanes, resolution = 2.20%(0.703°>0.064°).
4 For A318/A319/A320/A321 series airplanes, resolution = 0.22% (0.088°>0.080°).
For A330/A340 series airplanes, resolution = 1.76% (0.703°>0.080°).
5 For A330/A340 series airplanes, resolution = 1.18% (0.703° >0.120°).
For A330/A340 series airplanes, seconds per sampling interval = 1.
6 For A330/A340 series airplanes, resolution = 0.783% (0.352°>0.090°).
7 For A330/A340 series airplanes, aileron resolution = 0.704% (0.352°>0.100°). For A330/A340 series airplanes, spoiler resolu-
tion = 1.406% (0.703°>0.100°).
8 For A330/A340 series airplanes, resolution = 0.30% (0.176°>0.12°).
For A330/A340 series airplanes, seconds per sampling interval = 1.
9 For B–717 series airplanes, resolution = .005g. For Dassault F900C/F900EX airplanes, resolution = .007g.
10 For A330/A340 series airplanes, resolution = 1.05% (0.250°>0.120°).
11 For A330/A340 series airplanes, resolution = 1.05% (0.250°>0.120°). For A300 B2/B4 series airplanes, resolution = 0.92%
(0.230°>0.125°).
12 For A330/A340 series airplanes, spoiler resolution = 1.406% (0.703°>0.100°).
13 For A330/A340 series airplanes, resolution = 0.5°C.
14 For Dassault F900C/F900EX airplanes, Radio altitude resolution = 1.25 ft.
15 For A330/A340 series airplanes, resolution = 0.352 degrees.
16 For A318/A319/A320/A321 series airplanes, resolution = 4.32%. For A330/A340 series airplanes, resolution is 3.27% of full
range for throttle lever angle (TLA); for reverse thrust, reverse throttle lever angle (RLA) resolution is nonlinear over the active
reverse thrust range, which is 51.54 degrees to 96.14 degrees. The resolved element is 2.8 degrees uniformly over the entire ac-
tive reverse thrust range, or 2.9% of the full range value of 96.14 degrees.
17 For A318/A319/A320/A321 series airplanes, with IAE engines, resolution = 2.58%.
18 For all aircraft manufactured on or after December 6, 2010, the seconds per sampling interval is 0.125. Each input must be
recorded at this rate. Alternately sampling inputs (interleaving) to meet this sampling interval is prohibited.
19 For 737 model airplanes manufactured between August 19, 2000 and April 6, 2010: the seconds per sampling interval is 0.5
per control input; the remarks regarding the sampling rate do not apply; a single control wheel force transducer installed on the
left cable control is acceptable provided the left and right control wheel positions also are recorded.

[Doc. No. 28109, 62 FR 38382, July 17, 1997; 62 FR 48135, Sept. 12, 1997, as amended by Amdt.
121–271, 64 FR 46120, Aug. 24, 1999; Amdt. 121–278, 65 FR 51745, Aug. 24, 2000; 65 FR 81733, Dec.
27, 2000; Amdt. 121–292, 67 FR 54323, Aug. 21, 2002; Amdt. 121–300, 68 FR 42936, July 18, 2003; 68
FR 50069, Aug. 20, 2003; 68 FR 53877, Sept. 15, 2003; 70 FR 41134, July 18, 2005; Amdt. 125–54, 73
FR 12566, Mar. 7, 2008; Amdt. 121–338, 73 FR 12566, Mar. 7, 2008; Amdt. 121–342, 73 FR 73179, Dec.
2, 2008; Amdt. 121–349, 75 FR 17046, Apr. 5, 2010; Amdt. 121–347, 75 FR 7356, Feb. 19, 2010; Amdt.
121–364, 78 FR 39971, July 3, 2013]
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Pt. 121, App. O 14 CFR Ch. I (1–1–16 Edition)

APPENDIX N TO PART 121 [RESERVED] authorized in their operations specifications


to transport hazardous materials (will-carry)
APPENDIX O TO PART 121—HAZARDOUS are prescribed in Table 1. Those certificate
MATERIALS TRAINING REQUIRE- holders with a prohibition in their oper-
MENTS FOR CERTIFICATE HOLDERS ations specifications against carrying or
handling hazardous materials (will-not-
This appendix prescribes the requirements carry) must follow the curriculum prescribed
for hazardous materials training under part in Table 2. The method of delivering the
121, subpart Z, and part 135, subpart K of this training will be determined by the certifi-
chapter. The training requirements for var-
cate holder. The certificate holder is respon-
ious categories of persons are defined by job
sible for providing a method (may include
function or responsibility. An ‘‘X’’ in a box
email, telecommunication, etc.) to answer
under a category of persons indicates that
the specified category must receive the all questions prior to testing regardless of
noted training. All training requirements the method of instruction. The certificate
apply to direct supervisors as well as to per- holder must certify that a test has been com-
sons actually performing the job function. pleted satisfactorily to verify understanding
Training requirements for certificate holders of the regulations and requirements.

TABLE 1—OPERATORS THAT TRANSPORT HAZARDOUS MATERIAL—WILL-CARRY CERTIFICATE


HOLDERS
Operators and
Operators and ground-han-
Aspects of transport of ground-han- dling agents Crew mem-
hazardous materials by dling agent’s staff respon- Flight crew bers
Shippers Passenger-
air with which they must staff accepting sible for the members and (other than
(See Note 2) handling staff
be familiar, as a min- hazardous ma- handling, stor- load planners flight crew
Will-carry Will-carry
imum terials age, and load- Will-carry members)
(See note 1) (See Note 3) ing of cargo Will-carry
Will-carry and baggage
Will-carry

General philosophy ....... X X X X X X


Limitations ..................... X X X X X X
General requirements
for shippers ................ X X ........................ ........................ ........................ ........................
Classification ................. X X ........................ ........................ ........................ ........................
List of hazardous mate-
rials ............................ X X ........................ ........................ X ........................
General packing require-
ments ......................... X X ........................ ........................ ........................ ........................
Labeling and marking .... X X X X X X
Hazardous materials
transport document
and other relevant
documentation ........... X X ........................ ........................ ........................ ........................
Acceptance procedures ........................ X ........................ ........................ ........................ ........................
Recognition of
undeclared hazardous
materials .................... X X X X X X
Storage and loading
procedures ................. ........................ X X ........................ X ........................
Pilots’ notification .......... ........................ X X ........................ X ........................
Provisions for pas-
sengers and crew ...... ........................ X X X X X
Emergency procedures X X X X X X
Note 1. Depending on the responsibilities of the person, the aspects of training to be covered may vary from those shown in
the table.
Note 2. When a person offers a consignment of hazmat, including COMAT, for or on behalf of the certificate holder, then the
person must be trained in the certificate holder’s training program and comply with shipper responsibilities and training. If offering
goods on another certificate holder’s equipment, the person must be trained in compliance with the training requirements in 49
CFR. All shippers of hazmat must be trained under 49 CFR. The shipper functions in 49 CFR mirror the training aspects that
must be covered for any shipper offering hazmat for transport.
Note 3. When an operator, its subsidiary, or an agent of the operator is undertaking the responsibilities of acceptance staff,
such as the passenger handling staff accepting small parcel cargo, the certificate holder, its subsidy, or the agent must be
trained in the certificate holder’s training program and comply with the acceptance staff training requirements.
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Federal Aviation Administration, DOT Pt. 121, App. P

TABLE 2—OPERATORS THAT DO NOT TRANSPORT HAZARDOUS MATERIALS—WILL-NOT-CARRY


CERTIFICATE HOLDERS
Operators and Operators and
ground-han- ground-han-
Aspects of transport of dling agent’s dling agents Crew mem-
hazardous materials by staff accepting staff respon- Flight crew bers (other
Shippers Passenger-
air with which they must cargo other sible for the members and than flight
(See Note 2) handling staff
be familiar, as a min- than haz- handling, stor- load planners crew mem-
Will-not-carry Will-not-carry
imum ardous mate- age, and load- Will-not-carry bers)
(See Note 1) rials ing of cargo Will-not-carry
(See Note 3) and baggage
Will-not-carry Will-not-carry

General philosophy ....... X X X X X X


Limitations ..................... X X X X X X
General requirements
for shippers ................ X ........................ ........................ ........................ ........................ ........................
Classification ................. X ........................ ........................ ........................ ........................ ........................
List of hazardous mate-
rials ............................ X ........................ ........................ ........................ ........................ ........................
General packing require-
ments ......................... X ........................ ........................ ........................ ........................ ........................
Labeling and marking .... X X X X X X
Hazardous materials
transport document
and other relevant
documentation ........... X X ........................ ........................ ........................ ........................
Acceptance procedures ........................ ........................ ........................ ........................ ........................ ........................
Recognition of
undeclared hazardous
materials .................... X X X X X X
Storage and loading
procedures ................. ........................ ........................ ........................ ........................ ........................ ........................
Pilots’ notification .......... ........................ ........................ ........................ ........................ ........................ ........................
Provisions for pas-
sengers and Crew ..... ........................ X X X X X
Emergency procedures X X X X X X
Note 1—Depending on the responsibilities of the person, the aspects of training to be covered may vary from those shown in
the table.
Note 2—When a person offers a consignment of hazmat, including COMAT, for air transport for or on behalf of the certificate
holder, then that person must be properly trained. All shippers of hazmat must be trained under 49 CFR. The shipper functions
in 49 CFR mirror the training aspects that must be covered for any shipper, including a will-not-carry certificate holder offering
dangerous goods for transport, with the exception of recognition training. Recognition training is a separate FAA requirement in
the certificate holder’s training program.
Note 3—When an operator, its subsidiary, or an agent of the operator is undertaking the responsibilities of acceptance staff,
such as the passenger handling staff accepting small parcel cargo, the certificate holder, its subsidiary, or the agent must be
trained in the certificate holder’s training program and comply with the acceptance staff training requirements.

[Doc. No. FAA–2003–15085, 70 FR 58825, Oct. 7, 2005, as amended by Amdt. 121–318, 70 FR 75396,
Dec. 20, 2005]

APPENDIX P TO PART 121—REQUIRE- combination used in ETOPS, and take action


MENTS FOR ETOPS AND POLAR OP- as required by § 121.374(i) for the specified
ERATIONS IFSD rates.
(b) 75 Minutes ETOPS—(1) Caribbean/Western
The FAA approves ETOPS in accordance Atlantic Area. The FAA grants approvals to
with the requirements and limitations in conduct
this appendix. ETOPS with maximum diversion times up
Section I. ETOPS Approvals: Airplanes with to 75 minutes on Western Atlantic/Caribbean
Two engines. area routes as follows:
(a) Propulsion system reliability for ETOPS. (i) The FAA reviews the airplane-engine
(1) Before the FAA grants ETOPS oper- combination to ensure the absence of factors
ational approval, the operator must be able that could prevent safe operations. The air-
to demonstrate the ability to achieve and plane-engine combination need not be type-
maintain the level of propulsion system reli- design-approved for ETOPS; however, it
ability, if any, that is required by § 21.4(b)(2) must have sufficient favorable experience to
of this chapter for the ETOPS-approved air- demonstrate to the Administrator a level of
plane-engine combination to be used. reliability appropriate for 75-minute ETOPS.
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(2) Following ETOPS operational approval, (ii) The certificate holder must comply
the operator must monitor the propulsion with the requirements of § 121.633 for time-
system reliability for the airplane-engine limited system planning.

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Pt. 121, App. P 14 CFR Ch. I (1–1–16 Edition)
(iii) The certificate holder must operate in (e) 138-Minute ETOPS. The FAA grants ap-
accordance with the ETOPS authority as proval to conduct ETOPS with maximum di-
contained in its operations specifications. version times up to 138 minutes as follows:
(iv) The certificate holder must comply (1) Operators with 120-minute ETOPS ap-
with the maintenance program requirements proval. The FAA grants 138-minute ETOPS
of § 121.374, except that a pre-departure serv- approval as an extension of an existing 120-
ice check before departure of the return minute ETOPS approval as follows:
flight is not required. (i) The authority may be exercised only for
(2) Other Areas. The FAA grants approvals specific flights for which the 120-minute di-
to conduct ETOPS with maximum diversion version time must be exceeded.
times up to 75 minutes on other than West- (ii) For these flight-by-flight exceptions,
ern Atlantic/Caribbean area routes as fol- the airplane-engine combination must be
lows: type-design-approved for ETOPS up to at
(i) The FAA reviews the airplane-engine least 120 minutes. The capability of the air-
combination to ensure the absence of factors plane’s time-limited systems may not be less
that could prevent safe operations. The air- than 138 minutes calculated in accordance
plane-engine combination need not be type- with § 121.633.
design-approved for ETOPS; however, it (iii) The certificate holder must operate in
must have sufficient favorable experience to accordance with the ETOPS authority as
demonstrate to the Administrator a level of contained in its operations specifications.
reliability appropriate for 75-minute ETOPS. (iv) The certificate holder must comply
(ii) The certificate holder must comply with the maintenance program requirements
with the requirements of § 121.633 for time- of § 121.374.
limited system planning. (v) The certificate holder must comply
(iii) The certificate holder must operate in with minimum equipment list (MEL) re-
accordance with the ETOPS authority as quirements in its operations specifications
contained in its operations specifications. for ‘‘beyond 120 minutes ETOPS’’. Operators
(iv) The certificate holder must comply without a ‘‘beyond 120-minute ETOPS’’ MEL
with the maintenance program requirements may apply to AFS–200 through their certifi-
of § 121.374. cate holding district office for a modified
(v) The certificate holder must comply MEL which satisfies the master MEL policy
with the MEL in its operations specifications for system/component relief in ETOPS be-
for 120-minute ETOPS. yond 120 minutes.
(c) 90-minutes ETOPS (Micronesia). The FAA (vi) The certificate holder must conduct
grants approvals to conduct ETOPS with training for maintenance, dispatch, and
maximum diversion times up to 90 minutes flight crew personnel regarding differences
on Micronesian area routes as follows: between 138-minute ETOPS authority and its
(1) The airplane-engine combination must previously-approved 120-minute ETOPS au-
be type-design approved for ETOPS of at thority.
least 120-minutes. (2) Operators with existing 180-minute ETOPS
(2) The certificate holder must operate in approval. The FAA grants approvals to con-
accordance with the ETOPS authority as duct 138-minute ETOPS (without the limita-
contained in its operations specifications. tion in paragraph (e)(1)(i) of section I of this
(3) The certificate holder must comply appendix) to certificate holders with existing
with the maintenance program requirements 180-minute ETOPS approval as follows:
of § 121.374, except that a pre-departure serv- (i) The airplane-engine combination must
ice check before departure of the return be type-design-approved for ETOPS of at
flight is not required. least 180 minutes.
(4) The certificate holder must comply (ii) The certificate holder must operate in
with the MEL requirements in its operations accordance with the ETOPS authority as
specifications for 120-minute ETOPS. contained in its operations specifications.
(d) 120-minute ETOPS. The FAA grants ap- (iii) The certificate holder must comply
provals to conduct ETOPS with maximum with the maintenance program requirements
diversion times up to 120 minutes as follows: of § 121.374.
(1) The airplane-engine combination must (iv) The certificate holder must comply
be type-design-approved for ETOPS of at with the MEL requirements for ‘‘beyond 120
least 120 minutes. minutes ETOPS.’’
(2) The certificate holder must operate in (v) The certificate holder must conduct
accordance with the ETOPS authority as training for maintenance, dispatch and flight
contained in its operations specifications. crew personnel for differences between 138-
(3) The certificate holder must comply minute ETOPS diversion approval and its
with the maintenance program requirements previously approved 180-minute ETOPS di-
of § 121.374. version authority.
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(4) The certificate holder must comply (f) 180-minute ETOPS. The FAA grants ap-
with the MEL requirements for 120-minute proval to conduct ETOPS with diversion
ETOPS. times up to 180 minutes as follows:

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Federal Aviation Administration, DOT Pt. 121, App. P
(1) For these operations the airplane-en- ical or military concerns; volcanic activity;
gine combination must be type-design-ap- temporary airport conditions; and airport
proved for ETOPS of at least 180 minutes. weather below dispatch requirements or
(2) The certificate holder must operate in other weather related events.
accordance with the ETOPS authority as (2) The nearest available ETOPS Alternate
contained in its operations specifications. Airport within 207 minutes diversion time
(3) The certificate holder must comply must be specified in the dispatch or flight re-
with the maintenance program requirements lease.
of § 121.374. (3) In conducting such a flight the certifi-
(4) The certificate holder must comply cate holder must consider Air Traffic Serv-
with the MEL requirements for ‘‘beyond 120 ice’s preferred track.
minutes ETOPS.’’ (4) The airplane-engine combination must
(g) Greater than 180-minute ETOPS. The be type-design-approved for ETOPS of at
FAA grants approval to conduct ETOPS least 180 minutes. The approved time for the
greater than 180 minutes. The following are airplane’s most limiting ETOPS significant
requirements for all operations greater than system and most limiting cargo-fire suppres-
180 minutes. sion time for those cargo and baggage com-
(1) The FAA grants approval only to cer- partments required by regulation to have
tificate holders with existing 180-minute
fire-suppression systems must be at least 222
ETOPS operating authority for the airplane-
minutes.
engine combination to be operated.
(5) The certificate holder must track how
(2) The certificate holder must have pre-
many times 207-minute authority is used.
vious ETOPS experience satisfactory to the
Administrator. (i) 240-minute ETOPS in the North Polar
(3) In selecting ETOPS Alternate Airports, Area, in the area north of the NOPAC, and in
the operator must make every effort to plan the Pacific Ocean north of the equator. (1) The
ETOPS with maximum diversion distances FAA grants approval to conduct 240-minute
of 180 minutes or less, if possible. If condi- ETOPS authority with maximum diversion
tions necessitate using an ETOPS Alternate times in the North Polar Area, in the area
Airport beyond 180 minutes, the route may north of the NOPAC area, and the Pacific
be flown only if the requirements for the spe- Ocean area north of the equator as an exten-
cific operating area in paragraph (h) or (i) of sion to 180-minute ETOPS authority to be
section I of this appendix are met. used on an exception basis. This exception
(4) The certificate holder must inform the may be used only on a flight-by-flight basis
flight crew each time an airplane is proposed when an ETOPS Alternate Airport is not
for dispatch for greater than 180 minutes and available within 180 minutes. In that case,
tell them why the route was selected. the nearest available ETOPS Alternate Air-
(5) In addition to the equipment specified port within 240 minutes diversion time must
in the certificate holder’s MEL for 180- be specified in the dispatch or flight release.
minute ETOPS, the following systems must (2) This exception may be used in the
be operational for dispatch: North Polar Area and in the area north of
(i) The fuel quantity indicating system. NOPAC only in extreme conditions par-
(ii) The APU (including electrical and ticular to these areas such as volcanic activ-
pneumatic supply and operating to the ity, extreme cold weather at en-route air-
APU’s designed capability). ports, airport weather below dispatch re-
(iii) The auto throttle system. quirements, temporary airport conditions,
(iv) The communication system required and other weather related events. The cri-
by § 121.99(d) or § 121.122(c), as applicable. teria used by the certificate holder to decide
(v) One-engine-inoperative auto-land capa- that extreme weather precludes using an air-
bility, if flight planning is predicated on its port must be established by the certificate
use. holder, accepted by the FAA, and published
(6) The certificate holder must operate in in the certificate holder’s manual for the use
accordance with the ETOPS authority as of dispatchers and pilots.
contained in its operations specifications. (3) This exception may be used in the Pa-
(7) The certificate holder must comply cific Ocean area north of the equator only
with the maintenance program requirements for reasons such as political or military con-
of § 121.374. cern, volcanic activity, airport weather
(h) 207-minute ETOPS in the North Pacific below dispatch requirements, temporary air-
Area of Operations. (1) The FAA grants ap- port conditions and other weather related
proval to conduct ETOPS with maximum di- events.
version times up to 207 minutes in the North (4) The airplane-engine combination must
Pacific Area of Operations as an extension to be type design approved for ETOPS greater
180-minute ETOPS authority to be used on than 180 minutes.
an exception basis. This exception may be (j) 240-minute ETOPS in areas South of the
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used only on a flight-by-flight basis when an equator. (1) The FAA grants approval to con-
ETOPS Alternate Airport is not available duct ETOPS with maximum diversion times
within 180 minutes for reasons such as polit- of up to 240 minutes in the following areas:

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Pt. 125 14 CFR Ch. I (1–1–16 Edition)
(i) Pacific oceanic areas between the U.S. Section III. Approvals for operations whose
West coast and Australia, New Zealand and airplane routes are planned to traverse either
Polynesia. the North Polar or South Polar Areas.
(ii) South Atlantic oceanic areas. (a) Except for intrastate operations within
(iii) Indian Ocean areas. the State of Alaska, no certificate holder
(iv) Oceanic areas between Australia and may operate an aircraft in the North Polar
South America. Area or South Polar Area, unless authorized
(2) The operator must designate the near- by the FAA.
est available ETOPS Alternate Airports (b) In addition to any of the applicable re-
along the planned route of flight. quirements of sections I and II of this appen-
dix, the certificate holder’s operations speci-
(3) The airplane-engine combination must
fications must contain the following:
be type-design-approved for ETOPS greater
(1) The designation of airports that may be
than 180 minutes. used for en-route diversions and the require-
(k) ETOPS beyond 240 minutes. (1) The FAA ments the airports must meet at the time of
grants approval to conduct ETOPS with di- diversion.
version times beyond 240 minutes for oper- (2) Except for supplemental all-cargo oper-
ations between specified city pairs on routes ations, a recovery plan for passengers at des-
in the following areas: ignated diversion airports.
(i) The Pacific oceanic areas between the (3) A fuel-freeze strategy and procedures
U.S. west coast and Australia, New Zealand, for monitoring fuel freezing.
and Polynesia; (4) A plan to ensure communication capa-
(ii) The South Atlantic oceanic areas; bility for these operations.
(iii) The Indian Oceanic areas; and (5) An MEL for these operations.
(iv) The oceanic areas between Australia (6) A training plan for operations in these
and South America, and the South Polar areas.
Area. (7) A plan for mitigating crew exposure to
(2) This approval is granted to certificate radiation during solar flare activity.
holders who have been operating under 180- (8) A plan for providing at least two cold
minute or greater ETOPS authority for at weather anti-exposure suits in the aircraft,
least 24 consecutive months, of which at to protect crewmembers during outside ac-
least 12 consecutive months must be under tivity at a diversion airport with extreme
240-minute ETOPS authority with the air- climatic conditions. The FAA may relieve
plane-engine combination to be used. the certificate holder from this requirement
(3) The operator must designate the near- if the season of the year makes the equip-
est available ETOPS alternate or alternates ment unnecessary.
along the planned route of flight. [Doc. No. FAA–2002–6717, 72 FR 1883, Jan. 16,
(4) For these operations, the airplane-en- 2007]
gine combination must be type-design-ap-
proved for ETOPS greater than 180 minutes.
Section II. ETOPS Approval: Passenger-car-
PART 125—CERTIFICATION AND
rying Airplanes With More Than Two Engines. OPERATIONS: AIRPLANES HAV-
(a) The FAA grants approval to conduct ING A SEATING CAPACITY OF 20
ETOPS, as follows: OR MORE PASSENGERS OR A
(1) Except as provided in § 121.162, the air- MAXIMUM PAYLOAD CAPACITY
plane-engine combination must be type-de-
sign-approved for ETOPS.
OF 6,000 POUNDS OR MORE;
(2) The operator must designate the near- AND RULES GOVERNING PER-
est available ETOPS Alternate Airports SONS ON BOARD SUCH AIR-
within 240 minutes diversion time (at one-en- CRAFT
gine-inoperative cruise speed under standard
conditions in still air). If an ETOPS alter-
nate is not available within 240 minutes, the SPECIAL FEDERAL AVIATION REGULATION NO.
operator must designate the nearest avail- 89 [NOTE]
able ETOPS Alternate Airports along the SPECIAL FEDERAL AVIATION REGULATION NO.
planned route of flight. 97 [NOTE]
(3) The MEL limitations for the authorized SPECIAL FEDERAL AVIATION REGULATION NO.
ETOPS diversion time apply. 106 [NOTE]
(i) The Fuel Quantity Indicating System
Subpart A—General
must be operational.
(ii) The communications systems required Sec.
by § 121.99(d) or § 121.122(c) must be oper- 125.1 Applicability.
ational. 125.3 Deviation authority.
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(4) The certificate holder must operate in 125.5 Operating certificate and operations
accordance with the ETOPS authority as specifications required.
contained in its operations specifications. 125.7 Display of certificate.

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Federal Aviation Administration, DOT Pt. 125
125.9 Definitions. 125.147 Cowling.
125.11 Certificate eligibility and prohibited 125.149 Engine accessory section diaphragm.
operations. 125.151 Powerplant fire protection.
125.153 Flammable fluids.
Subpart B—Certification Rules and 125.155 Shutoff means.
Miscellaneous Requirements 125.157 Lines and fittings.
125.159 Vent and drain lines.
125.21 Application for operating certificate. 125.161 Fire-extinguishing systems.
125.23 Rules applicable to operations subject 125.163 Fire-extinguishing agents.
to this part. 125.165 Extinguishing agent container pres-
125.25 Management personnel required. sure relief.
125.26 Employment of former FAA employ- 125.167 Extinguishing agent container com-
ees. partment temperature.
125.27 Issue of certificate. 125.169 Fire-extinguishing system mate-
125.29 Duration of certificate. rials.
125.31 Contents of certificate and operations 125.171 Fire-detector systems.
specifications. 125.173 Fire detectors.
125.33 Operations specifications not a part 125.175 Protection of other airplane compo-
of certificate. nents against fire.
125.35 Amendment of operations specifica- 125.177 Control of engine rotation.
tions. 125.179 Fuel system independence.
125.37 Duty period limitations. 125.181 Induction system ice prevention.
125.39 Carriage of narcotic drugs, mari- 125.183 Carriage of cargo in passenger com-
huana, and depressant or stimulant drugs partments.
or substances. 125.185 Carriage of cargo in cargo compart-
125.41 Availability of certificate and oper- ments.
ations specifications. 125.187 Landing gear: Aural warning device.
125.43 Use of operations specifications. 125.189 Demonstration of emergency evacu-
125.45 Inspection authority. ation procedures.
125.47 Change of address.
125.49 Airport requirements. Subpart F—Instrument and Equipment
125.51 En route navigation facilities.
Requirements
125.53 Flight locating requirements.
125.201 Inoperable instruments and equip-
Subpart C—Manual Requirements ment.
125.203 Communication and navigation
125.71 Preparation.
125.73 Contents. equipment.
125.75 Airplane flight manual. 125.204 Portable electronic devices.
125.205 Equipment requirements: Airplanes
Subpart D—Airplane Requirements under IFR.
125.206 Pitot heat indication systems.
125.91 Airplane requirements: General. 125.207 Emergency equipment requirements.
125.93 Airplane limitations. 125.209 Emergency equipment: Extended
overwater operations.
Subpart E—Special Airworthiness 125.211 Seat and safety belts.
Requirements 125.213 Miscellaneous equipment.
125.215 Operating information required.
125.111 General. 125.217 Passenger information.
125.113 Cabin interiors. 125.219 Oxygen for medical use by pas-
125.115 Internal doors. sengers.
125.117 Ventilation. 125.221 Icing conditions: Operating limita-
125.119 Fire precautions. tions.
125.121 Proof of compliance with § 125.119. 125.223 Airborne weather radar equipment
125.123 Propeller deicing fluid. requirements.
125.125 Pressure cross-feed arrangements. 125.224 Collision Avoidance System.
125.127 Location of fuel tanks. 125.225 Flight data recorders.
125.129 Fuel system lines and fittings. 125.226 Digital flight data recorders.
125.131 Fuel lines and fittings in designated 125.227 Cockpit voice recorders.
fire zones. 125.228 Flight data recorders: filtered data.
125.133 Fuel valves.
125.135 Oil lines and fittings in designated Subpart G—Maintenance
fire zones.
125.137 Oil valves. 125.241 Applicability.
125.139 Oil system drains. 125.243 Certificate holder’s responsibilities.
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125.141 Engine breather lines. 125.245 Organization required to perform


125.143 Firewalls. maintenance, preventive maintenance,
125.145 Firewall construction. and alteration.

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Pt. 125 14 CFR Ch. I (1–1–16 Edition)
125.247 Inspection programs and mainte- Subpart K—Flight Release Rules
nance.
125.248 [Reserved] 125.351 Flight release authority.
125.249 Maintenance manual requirements. 125.353 Facilities and services.
125.251 Required inspection personnel. 125.355 Airplane equipment.
125.357 Communication and navigation fa-
Subpart H—Airman and Crewmember cilities.
Requirements 125.359 Flight release under VFR.
125.361 Flight release under IFR or over-
125.261 Airman: Limitations on use of serv- the-top.
ices. 125.363 Flight release over water.
125.263 Composition of flightcrew. 125.365 Alternate airport for departure.
125.265 Flight engineer requirements. 125.367 Alternate airport for destination:
125.267 Flight navigator and long-range
IFR or over-the-top.
navigation equipment.
125.369 Alternate airport weather mini-
125.269 Flight attendants.
mums.
125.271 Emergency and emergency evacu-
ation duties. 125.371 Continuing flight in unsafe condi-
tions.
Subpart I—Flight Crewmember 125.373 Original flight release or amend-
ment of flight release.
Requirements
125.375 Fuel supply: Nonturbine and turbo-
125.281 Pilot-in-command qualifications. propeller-powered airplanes.
125.283 Second-in-command qualifications. 125.377 Fuel supply: Turbine-engine-powered
125.285 Pilot qualifications: Recent experi- airplanes other than turbopropeller.
ence. 125.379 Landing weather minimums: IFR.
125.287 Initial and recurrent pilot testing 125.381 Takeoff and landing weather mini-
requirements. mums: IFR.
125.289 Initial and recurrent flight attend- 125.383 Load manifest.
ant crewmember testing requirements.
125.291 Pilot in command: Instrument pro- Subpart L—Records and Reports
ficiency check requirements.
125.293 Crewmember: Tests and checks, 125.401 Crewmember record.
grace provisions, accepted standards. 125.403 Flight release form.
125.295 Check airman authorization: Appli- 125.405 Disposition of load manifest, flight
cation and issue. release, and flight plans.
125.296 Training, testing, and checking con- 125.407 Maintenance log: Airplanes.
ducted by training centers: Special rules. 125.409 Service difficulty reports.
125.297 Approval of flight simulators and 125.411 Airworthiness release or mainte-
flight training devices. nance record entry.

Subpart J—Flight Operations Subpart M—Continued Airworthiness and


125.311 Flight crewmembers at controls. Safety Improvements
125.313 Manipulation of controls when car- 125.501 Purpose and definition.
rying passengers. 125.503 [Reserved]
125.315 Admission to flight deck.
125.505 Repairs assessment for pressurized
125.317 Inspector’s credentials: Admission to
fuselages.
pilots’ compartment: Forward observer’s
125.507 Fuel tank system inspection pro-
seat.
125.319 Emergencies. gram.
125.321 Reporting potentially hazardous me- 125.509 Flammability reduction means.
teorological conditions and irregularities APPENDIX A TO PART 125—ADDITIONAL EMER-
of ground facilities or navigation aids. GENCY EQUIPMENT
125.323 Reporting mechanical irregularities. APPENDIX B TO PART 125—CRITERIA FOR DEM-
125.325 Instrument approach procedures and ONSTRATION OF EMERGENCY EVACUATION
IFR landing minimums. PROCEDURES UNDER § 125.189
125.327 Briefing of passengers before flight. APPENDIX C TO PART 125—ICE PROTECTION
125.328 Prohibition on crew interference. APPENDIX D TO PART 125—AIRPLANE FLIGHT
125.329 Minimum altitudes for use of auto- RECORDER SPECIFICATION
pilot. APPENDIX E TO PART 125—AIRPLANE FLIGHT
125.331 Carriage of persons without compli- RECORDER SPECIFICATIONS
ance with the passenger-carrying provi-
AUTHORITY: 49 U.S.C. 106(f), 106(g), 40113,
sions of this part.
44701–44702, 44705, 44710–44711, 44713, 44716–
125.333 Stowage of food, beverage, and pas-
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44717, 44722.
senger service equipment during airplane
movement on the surface, takeoff, and SOURCE: Docket No. 19779, 45 FR 67235, Oct.
landing. 9, 1980, unless otherwise noted.

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Federal Aviation Administration, DOT § 125.3

SPECIAL FEDERAL AVIATION REGULATION (6) They are being operated under
NO. 89 part 91, subpart K by a fractional
owner as defined in § 91.1001 of this
EDITORIAL NOTE: For the text of SFAR No. chapter; or
89, see part 121 of this chapter. (7) They are being operated by a frac-
tional ownership program manager as
SPECIAL FEDERAL AVIATION REGULATION
NO. 97 defined in § 91.1001 of this chapter, for
training, ferrying, positioning, mainte-
EDITORIAL NOTE: For the text of SFAR No. nance, or demonstration purposes
97, see part 91 of this chapter. under part 91 of this chapter and with-
out carrying passengers or cargo for
SPECIAL FEDERAL AVIATION REGULATION compensation or hire except as per-
NO. 106 mitted for demonstration flights under
§ 91.501(b)(3) of this chapter.
EDITORIAL NOTE: For the text of SFAR No. (c) The rules of this part, except
106, see part 121 of this chapter. § 125.247, do not apply to the operation
of airplanes specified in paragraph (a)
Subpart A—General when they are operated outside the
United States by a person who is not a
§ 125.1 Applicability. citizen of the United States.
(a) Except as provided in paragraphs (d) The provisions of this part apply
(b), (c) and (d) of this section, this part to each person on board an aircraft
prescribes rules governing the oper- being operated under this part, unless
ations of U.S.-registered civil airplanes otherwise specified.
which have a seating configuration of (e) This part also establishes require-
20 or more passengers or a maximum ments for operators to take actions to
payload capacity of 6,000 pounds or support the continued airworthiness of
more when common carriage is not in- each airplane.
volved.
(b) The rules of this part do not apply [Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as
to the operations of airplanes specified amended by Amdt. 125–4, 47 FR 44719, Oct. 12,
in paragraph (a) of this section, when— 1982; Amdt. 125–5, 49 FR 34816, Sept. 4, 1984;
(1) They are required to be operated Amdt. 125–6, 51 FR 873, Jan. 8, 1986; Amdt.
125–9, 52 FR 20028, May 28, 1987; Amdt. 121–251,
under part 121, 129, 135, or 137 of this
60 FR 65937, Dec. 20, 1995; Amdt. 125–31, 64 FR
chapter; 1080, Jan. 7, 1999; Amdt. 125–44, 68 FR 54585,
(2) They have been issued restricted, Sept. 17, 2003; Amdt. 125–53, 72 FR 63412, Nov.
limited, or provisional airworthiness 8, 2007]
certificates, special flight permits, or
experimental certificates; § 125.3 Deviation authority.
(3) They are being operated by a part
125 certificate holder without carrying (a) The Administrator may, upon
passengers or cargo under part 91 for consideration of the circumstances of a
training, ferrying, positioning, or particular operation, issue deviation
maintenance purposes; authority providing relief from speci-
(4) They are being operated under fied sections of part 125. This deviation
part 91 by an operator certificated to authority will be issued as a Letter of
operate those airplanes under the rules Deviation Authority.
of parts 121, 135, or 137 of this chapter, (b) A Letter of Deviation Authority
they are being operated under the ap- may be terminated or amended at any
plicable rules of part 121 or part 135 of time by the Administrator.
this chapter by an applicant for a cer- (c) A request for deviation authority
tificate under part 119 of this chapter must be submitted to the nearest
or they are being operated by a foreign Flight Standards District Office, not
air carrier or a foreign person engaged less than 60 days prior to the date of in-
in common carriage solely outside the tended operations. A request for devi-
United States under part 91 of this ation authority must contain a com-
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chapter; plete statement of the circumstances


(5) They are being operated under a and justification for the deviation re-
deviation authority issued under § 125.3; quested.

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§ 125.5 14 CFR Ch. I (1–1–16 Edition)

(d) After February 2, 2012, no devi- foods and beverages and supplies and
ation authority from the flight data re- equipment related to foods and bev-
corder requirements of this part will be erages, but not including disposable
granted. Any previously issued devi- fuel or oil):
ation from the flight data recorder re- (2) For all other airplanes, the max-
quirements of this part is no longer imum certificated takeoff weight of an
valid. airplane, less the empty weight, less all
[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as justifiable airplane equipment, and less
amended by Amdt. 125–13, 54 FR 39294, Sept. the operating load (consisting of min-
25, 1989; Amdt. 125–56, 73 FR 73179, Dec. 2, imum fuel load, oil, and flightcrew).
2008] The allowance for the weight of the
crew, oil, and fuel is as follows:
§ 125.5 Operating certificate and oper- (i) Crew—200 pounds for each crew-
ations specifications required. member required under this chapter
(a) After February 3, 1981, no person (ii) Oil—350 pounds.
may engage in operations governed by (iii) Fuel—the minimum weight of
this part unless that person holds a fuel required under this chapter for a
certificate and operations specification flight between domestic points 174 nau-
or appropriate deviation authority. tical miles apart under VFR weather
(b) Applicants who file an application conditions that does not involve ex-
before June 1, 1981 shall continue to op- tended overwater operations.
erate under the rules applicable to (b) For the purposes of this part,
their operations on February 2, 1981 empty weight means the weight of the
until the application for an operating airframe, engines, propellers, and fixed
certificate required by this part has equipment. Empty weight excludes the
been denied or the operating certificate weight of the crew and payload, but in-
and operations specifications required cludes the weight of all fixed ballast,
by this part have been issued. unusable fuel supply, undrainable oil,
(c) The rules of this part which apply total quantity of engine coolant, and
to a certificate holder also apply to total quantity of hydraulic fluid.
any person who engages in any oper- (c) For the purposes of this part, max-
ation governed by this part without an imum zero fuel weight means the max-
appropriate certificate and operations imum permissible weight of an air-
specifications required by this part or a plane with no disposable fuel or oil.
Letter of Deviation Authority issued The zero fuel weight figure may be
under § 125.3. found in either the airplane type cer-
[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as tificate data sheet or the approved Air-
amended by Amdt. 125–1A, 46 FR 10903, Feb. plane Flight Manual, or both.
5, 1981] (d) For the purposes of this section,
justifiable airplane equipment means any
§ 125.7 Display of certificate. equipment necessary for the operation
(a) The certificate holder must dis- of the airplane. It does not include
play a true copy of the certificate in equipment or ballast specifically in-
each of its aircraft. stalled, permanently or otherwise, for
(b) Each operator holding a Letter of the purpose of altering the empty
Deviation Authority issued under this weight of an airplane to meet the max-
part must carry a true copy in each of imum payload capacity.
its airplanes.
§ 125.11 Certificate eligibility and pro-
§ 125.9 Definitions. hibited operations.
(a) For the purposes of this part, max- (a) No person is eligible for a certifi-
imum payload capacity means: cate or operations specifications under
(1) For an airplane for which a max- this part if the person holds the appro-
imum zero fuel weight is prescribed in priate operating certificate and/or op-
FAA technical specifications, the max- erations specifications necessary to
imum zero fuel weight, less empty conduct operations under part 121, 129
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weight, less all justifiable airplane or 135 of this chapter.


equipment, and less the operating load (b) No certificate holder may conduct
(consisting of minimum flightcrew, any operation which results directly or

312

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Federal Aviation Administration, DOT § 125.26

indirectly from any person’s holding that can be complied with without vio-
out to the public to furnish transpor- lating that Annex or those regulations.
tation. Annex 2 is incorporated by reference in
(c) No person holding operations § 91.703(b) of this chapter.
specifications under this part may op-
[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as
erate or list on its operations specifica- amended by Amdt. 125–12, 54 FR 34331, Aug.
tions any aircraft listed on any oper- 18, 1989]
ations specifications or other required
aircraft listing under part 121, 129, or § 125.25 Management personnel re-
135 of this chapter. quired.
[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as (a) Each applicant for a certificate
amended by Amdt. 125–9, 52 FR 20028, May 28, under this part must show that it has
1987] enough management personnel, includ-
ing at least a director of operations, to
Subpart B—Certification Rules and assure that its operations are con-
Miscellaneous Requirements ducted in accordance with the require-
ments of this part.
§ 125.21 Application for operating cer- (b) Each applicant shall—
tificate. (1) Set forth the duties, responsibil-
(a) Each applicant for the issuance of ities, and authority of each of its man-
an operating certificate must submit agement personnel in the general pol-
an application in a form and manner icy section of its manual;
prescribed by the Administrator to the (2) List in the manual the names and
FAA Flight Standards district office in addresses of each of its management
whose area the applicant proposes to personnel;
establish or has established its prin- (3) Designate a person as responsible
cipal operations base. The application for the scheduling of inspections re-
must be submitted at least 60 days be- quired by the manual and for the up-
fore the date of intended operations. dating of the approved weight and bal-
(b) Each application submitted under ance system on all airplanes.
paragraph (a) of this section must con- (c) Each certificate holder shall no-
tain a signed statement showing the tify the FAA Flight Standards district
following: office charged with the overall inspec-
(1) The name and address of each di- tion of the certificate holder of any
rector and each officer or person em- change made in the assignment of per-
ployed or who will be employed in a sons to the listed positions within 10
management position described in days, excluding Saturdays, Sundays,
§ 125.25. and Federal holidays, of such change.
(2) A list of flight crewmembers with
the type of airman certificate held, in- § 125.26 Employment of former FAA
cluding ratings and certificate num- employees.
bers. (a) Except as specified in paragraph
(c) of this section, no certificate holder
§ 125.23 Rules applicable to operations may knowingly employ or make a con-
subject to this part. tractual arrangement which permits an
Each person operating an airplane in individual to act as an agent or rep-
operations under this part shall— resentative of the certificate holder in
(a) While operating inside the United any matter before the Federal Aviation
States, comply with the applicable Administration if the individual, in the
rules in part 91 of this chapter; and preceding 2 years—
(b) While operating outside the (1) Served as, or was directly respon-
United States, comply with Annex 2, sible for the oversight of, a Flight
Rules of the Air, to the Convention on Standards Service aviation safety in-
International Civil Aviation or the reg- spector; and
ulations of any foreign country, which- (2) Had direct responsibility to in-
ever applies, and with any rules of spect, or oversee the inspection of, the
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parts 61 and 91 of this chapter and this operations of the certificate holder.
part that are more restrictive than (b) For the purpose of this section, an
that Annex or those regulations and individual shall be considered to be

313

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§ 125.27 14 CFR Ch. I (1–1–16 Edition)

acting as an agent or representative of § 125.29 Duration of certificate.


a certificate holder in a matter before (a) A certificate issued under this
the agency if the individual makes any part is effective until surrendered, sus-
written or oral communication on be- pended, or revoked.
half of the certificate holder to the (b) The Administrator may suspend
agency (or any of its officers or em- or revoke a certificate under section
ployees) in connection with a par- 609 of the Federal Aviation Act of 1958
ticular matter, whether or not involv- and the applicable procedures of part 13
ing a specific party and without regard of this chapter for any cause that, at
to whether the individual has partici- the time of suspension or revocation,
pated in, or had responsibility for, the would have been grounds for denying
particular matter while serving as a an application for a certificate.
Flight Standards Service aviation safe- (c) If the Administrator suspends or
ty inspector. revokes a certificate or it is otherwise
(c) The provisions of this section do terminated, the holder of that certifi-
not prohibit a certificate holder from cate shall return it to the Adminis-
knowingly employing or making a con- trator.
tractual arrangement which permits an § 125.31 Contents of certificate and op-
individual to act as an agent or rep- erations specifications.
resentative of the certificate holder in (a) Each certificate issued under this
any matter before the Federal Aviation part contains the following:
Administration if the individual was (1) The holder’s name.
employed by the certificate holder be- (2) A description of the operations
fore October 21, 2011. authorized.
[Doc. No. FAA–2008–1154, 76 FR 52235, Aug. 22, (3) The date it is issued.
2011] (b) The operations specifications
issued under this part contain the fol-
§ 125.27 Issue of certificate. lowing:
(1) The kinds of operations author-
(a) An applicant for a certificate ized.
under this subpart is entitled to a cer- (2) The types and registration num-
tificate if the Administrator finds that bers of airplanes authorized for use.
the applicant is properly and ade- (3) Approval of the provisions of the
quately equipped and able to conduct a operator’s manual relating to airplane
safe operation in accordance with the inspections, together with necessary
requirements of this part and the oper- conditions and limitations.
ations specifications provided for in (4) Registration numbers of airplanes
this part. that are to be inspected under an ap-
(b) The Administrator may deny an proved airplane inspection program
application for a certificate under this under § 125.247.
subpart if the Administrator finds— (5) Procedures for control of weight
(1) That an operating certificate re- and balance of airplanes.
quired under this part or part 121, 123, (6) Any other item that the Adminis-
or 135 of this chapter previously issued trator determines is necessary to cover
a particular situation.
to the applicant was revoked; or
(2) That a person who was employed § 125.33 Operations specifications not
in a management position under § 125.25 a part of certificate.
of this part with (or has exercised con- Operations specifications are not a
trol with respect to) any certificate part of an operating certificate.
holder under part 121, 123, 125, or 135 of
this chapter whose operating certifi- § 125.35 Amendment of operations
cate has been revoked, will be em- specifications.
ployed in any of those positions or a (a) The FAA Flight Standards dis-
similar position with the applicant and trict office charged with the overall in-
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that the person’s employment or con- spection of the certificate holder may
trol contributed materially to the rea- amend any operations specifications
sons for revoking that certificate. issued under this part if—

314

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Federal Aviation Administration, DOT § 125.45

(1) It determines that safety in air § 125.37 Duty period limitations.


commerce requires that amendment; or
(a) Each flight crewmember and
(2) Upon application by the holder,
flight attendant must be relieved from
that district office determines that
all duty for at least 8 consecutive
safety in air commerce allows that
hours during any 24-hour period.
amendment.
(b) The Administrator may specify
(b) The certificate holder must file
an application to amend operations rest, flight time, and duty time limita-
specifications at least 15 days before tions in the operations specifications
the date proposed by the applicant for that are other than those specified in
the amendment to become effective, paragraph (a) of this section.
unless a shorter filing period is ap- [Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as
proved. The application must be on a amended by Amdt. 125–21, 59 FR 42993, Aug.
form and in a manner prescribed by the 19, 1994]
Administrator and be submitted to the
FAA Flight Standards district office § 125.39 Carriage of narcotic drugs,
marihuana, and depressant or stim-
charged with the overall inspection of ulant drugs or substances.
the certificate holder.
(c) Within 30 days after a notice of re- If the holder of a certificate issued
fusal to approve a holder’s application under this part permits any airplane
for amendment is received, the holder owned or leased by that holder to be
may petition the Director, Flight engaged in any operation that the cer-
Standards Service, to reconsider the tificate holder knows to be in violation
refusal to amend. of § 91.19(a) of this chapter, that oper-
(d) When the FAA Flight Standards ation is a basis for suspending or re-
district office charged with the overall voking the certificate.
inspection of the certificate holder [Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as
amends operations specifications, that amended by Amdt. 125–12, 54 FR 34331, Aug.
district office gives notice in writing to 18, 1989]
the holder of a proposed amendment to
the operations specifications, fixing a § 125.41 Availability of certificate and
period of not less than 7 days within operations specifications.
which the holder may submit written Each certificate holder shall make
information, views, and arguments its operating certificate and operations
concerning the proposed amendment. specifications available for inspection
After consideration of all relevant by the Administrator at its principal
matter presented, that district office operations base.
notifies the holder of any amendment
adopted, or a rescission of the notice. § 125.43 Use of operations specifica-
That amendment becomes effective not tions.
less than 30 days after the holder re- (a) Each certificate holder shall keep
ceives notice of the adoption of the each of its employees informed of the
amendment, unless the holder petitions provisions of its operations specifica-
the Director, Flight Standards Service, tions that apply to the employee’s du-
for reconsideration of the amendment. ties and responsibilities.
In that case, the effective date of the (b) Each certificate holder shall
amendment is stayed pending a deci- maintain a complete and separate set
sion by the Director. If the Director of its operations specifications. In ad-
finds there is an emergency requiring dition, each certificate holder shall in-
immediate action as to safety in air sert pertinent excerpts of its oper-
commerce that makes the provisions of ations specifications, or reference
this paragraph impracticable or con- thereto, in its manual in such a man-
trary to the public interest, the Direc- ner that they retain their identity as
tor notifies the certificate holder that operations specifications.
the amendment is effective on the date
of receipt, without previous notice. § 125.45 Inspection authority.
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[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as Each certificate holder shall allow
amended by Amdt. 125–13, 54 FR 39294, Sept. the Administrator, at any time or
25, 1989] place, to make any inspections or tests

315

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§ 125.47 14 CFR Ch. I (1–1–16 Edition)

to determine its compliance with the (b) Navigation aids are not required
Federal Aviation Act of 1958, the Fed- for any of the following operations—
eral Aviation Regulations, its oper- (1) Day VFR operations that the cer-
ating certificate and operations speci- tificate holder shows can be conducted
fications, its letter of deviation author- safely by pilotage because of the char-
ity, or its eligibililty to continue to acteristics of the terrain;
hold its certificate or its letter of devi- (2) Night VFR operations on routes
ation authority. that the certificate holder shows have
reliably lighted landmarks adequate
§ 125.47 Change of address. for safe operations; and
Each certificate holder shall notify (3) Other operations approved by the
the FAA Flight Standards district of- certificate holding district office.
fice charged with the overall inspec-
[Doc. No. FAA–2002–14002, 72 FR 31682, June 7,
tion of its operations, in writing, at
2007]
least 30 days in advance, of any change
in the address of its principal business § 125.53 Flight locating requirements.
office, its principal operations base, or
its principal maintenance base. (a) Each certificate holder must have
procedures established for locating
§ 125.49 Airport requirements. each flight for which an FAA flight
plan is not filed that—
(a) No certificate holder may use any
airport unless it is adequate for the (1) Provide the certificate holder
proposed operation, considering such with at least the information required
items as size, surface, obstructions, to be included in a VFR flight plan;
and lighting. (2) Provide for timely notification of
(b) No pilot of an airplane carrying an FAA facility or search and rescue
passengers at night may take off from, facility, if an airplane is overdue or
or land on, an airport unless— missing; and
(1) That pilot has determined the (3) Provide the certificate holder
wind direction from an illuminated with the location, date, and estimated
wind direction indicator or local time for reestablishing radio or tele-
ground communications, or, in the case phone communications, if the flight
of takeoff, that pilot’s personal obser- will operate in an area where commu-
vations; and nications cannot be maintained.
(2) The limits of the area to be used (b) Flight locating information shall
for landing or takeoff are clearly be retained at the certificate holder’s
shown by boundary or runway marker principal operations base, or at other
lights. places designated by the certificate
(c) For the purposes of paragraph (b) holder in the flight locating proce-
of this section, if the area to be used dures, until the completion of the
for takeoff or landing is marked by flight.
flare pots or lanterns, their use must (c) Each certificate holder shall fur-
be approved by the Administrator. nish the representative of the Adminis-
trator assigned to it with a copy of its
§ 125.51 En route navigation facilities. flight locating procedures and any
(a) Except as provided in paragraph changes or additions, unless those pro-
(b) of this section, no certificate holder cedures are included in a manual re-
may conduct any operation over a quired under this part.
route (including to any destination, re-
fueling or alternate airports) unless Subpart C—Manual Requirements
suitable navigation aids are available
over the route to navigate the airplane § 125.71 Preparation.
along the route within the degree of ac- (a) Each certificate holder shall pre-
curacy required for ATC. Navigation pare and keep current a manual setting
aids required for routes outside of con- forth the certificate holder’s proce-
trolled airspace are listed in the cer- dures and policies acceptable to the
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tificate holder’s operations specifica- Administrator. This manual must be


tions except for those aids required for used by the certificate holder’s flight,
routes to alternate airports. ground, and maintenance personnel in

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Federal Aviation Administration, DOT § 125.73

conducting its operations. However, aboard the airplane en route to those


the Administrator may authorize a de- stations.
viation from this paragraph if the Ad-
[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as
ministrator finds that, because of the amended by Amdt. 125–28, 62 FR 13257, Mar.
limited size of the operation, all or 19, 1997]
part of the manual is not necessary for
guidance of flight, ground, or mainte- § 125.73 Contents.
nance personnel. Each manual shall have the date of
(b) Each certificate holder shall the last revision and revision number
maintain at least one copy of the man- on each revised page. The manual must
ual at its principal operations base. include—
(c) The manual must not be contrary (a) The name of each management
to any applicable Federal regulations, person who is authorized to act for the
foreign regulation applicable to the certificate holder, the person’s as-
certificate holder’s operations in for- signed area of responsibility, and the
eign countries, or the certificate hold- person’s duties, responsibilities, and
er’s operating certificate or operations authority;
specifications. (b) Procedures for ensuring compli-
(d) A copy of the manual, or appro- ance with airplane weight and balance
priate portions of the manual (and limitations;
changes and additions) shall be made (c) Copies of the certificate holder’s
available to maintenance and ground operations specifications or appro-
operations personnel by the certificate priate extracted information, including
holder and furnished to— area of operations authorized, category
(1) Its flight crewmembers; and and class of airplane authorized, crew
(2) The FAA Flight Standards dis- complements, and types of operations
trict office charged with the overall in- authorized;
spection of its operations. (d) Procedures for complying with ac-
(e) Each employee of the certificate cident notification requirements;
holder to whom a manual or appro- (e) Procedures for ensuring that the
priate portions of it are furnished pilot in command knows that required
under paragraph (d)(1) of this section airworthiness inspections have been
shall keep it up to date with the made and that the airplane has been
changes and additions furnished to approved for return to service in com-
them. pliance with applicable maintenance
(f) For the purpose of complying with requirements;
paragraph (d) of this section, a certifi- (f) Procedures for reporting and re-
cate holder may furnish the persons cording mechanical irregularities that
listed therein with the maintenance come to the attention of the pilot in
part of its manual in printed form or command before, during, and after
other form, acceptable to the Adminis- completion of a flight;
trator, that is retrievable in the (g) Procedures to be followed by the
English language. If the certificate pilot in command for determining that
holder furnishes the maintenance part mechanical irregularities or defects re-
of the manual in other than printed ported for previous flights have been
form, it must ensure there is a compat- corrected or that correction has been
ible reading device available to those deferred;
persons that provides a legible image (h) Procedures to be followed by the
of the maintenance information and in- pilot in command to obtain mainte-
structions or a system that is able to nance, preventive maintenance, and
retrieve the maintenance information servicing of the airplane at a place
and instructions in the English lan- where previous arrangements have not
guage. been made by the operator, when the
(g) If a certificate holder conducts pilot is authorized to so act for the op-
airplane inspections or maintenance at erator;
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specified stations where it keeps the (i) Procedures for the release for, or
approved inspection program manual, continuation of, flight if any item of
it is not required to carry the manual equipment required for the particular

317

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§ 125.75 14 CFR Ch. I (1–1–16 Edition)

type of operation becomes inoperative (b) Each certificate holder shall


or unserviceable en route; carry the approved Airplane Flight
(j) Procedures for refueling airplanes, Manual or the approved equivalent
eliminating fuel contamination, pro- aboard each airplane it operates. A cer-
tecting from fire (including electro- tificate holder may elect to carry a
static protection), and supervising and combination of the manuals required
protecting passengers during refueling; by this section and § 125.71. If it so
(k) Procedures to be followed by the elects, the certificate holder may re-
pilot in command in the briefing under vise the operating procedures sections
§ 125.327; and modify the presentation of per-
(l) Flight locating procedures, when formance from the applicable Airplane
applicable; Flight Manual if the revised operating
(m) Procedures for ensuring compli- procedures and modified performance
ance with emergency procedures, in- data presentation are approved by the
cluding a list of the functions assigned Administrator.
each category of required crew-
members in connection with an emer- Subpart D—Airplane Requirements
gency and emergency evacuation;
(n) The approved airplane inspection § 125.91 Airplane requirements: Gen-
program; eral.
(o) Procedures and instructions to (a) No certificate holder may operate
enable personnel to recognize haz- an airplane governed by this part un-
ardous materials, as defined in title 49 less it—
CFR, and if these materials are to be (1) Carries an appropriate current
carried, stored, or handled, procedures airworthiness certificate issued under
and instructions for— this chapter; and
(1) Accepting shipment of hazardous (2) Is in an airworthy condition and
material required by title 49 CFR, to meets the applicable airworthiness re-
assure proper packaging, marking, la- quirements of this chapter, including
beling, shipping documents, compat- those relating to identification and
ibility of articles, and instructions on equipment.
their loading, storage, and handling; (b) No person may operate an air-
(2) Notification and reporting haz- plane unless the current empty weight
ardous material incidents as required and center of gravity are calculated
by title 49 CFR; and from the values established by actual
(3) Notification of the pilot in com- weighing of the airplane within the
mand when there are hazardous mate- preceding 36 calendar months.
rials aboard, as required by title 49 (c) Paragraph (b) of this section does
CFR; not apply to airplanes issued an origi-
(p) Procedures for the evacuation of nal airworthiness certificate within the
persons who may need the assistance of preceding 36 calendar months.
another person to move expeditiously
§ 125.93 Airplane limitations.
to an exit if an emergency occurs;
(q) The identity of each person who No certificate holder may operate a
will administer tests required by this land airplane (other than a DC–3, C–46,
part, including the designation of the CV–240, CV–340, CV–440, CV–580, CV–600,
tests authorized to be given by the per- CV–640, or Martin 404) in an extended
son; and overwater operation unless it is certifi-
(r) Other procedures and policy in- cated or approved as adequate for
structions regarding the certificate ditching under the ditching provisions
holder’s operations that are issued by of part 25 of this chapter.
the certificate holder.
Subpart E—Special Airworthiness
§ 125.75 Airplane flight manual. Requirements
(a) Each certificate holder shall keep
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a current approved Airplane Flight § 125.111 General.


Manual or approved equivalent for each (a) Except as provided in paragraph
type airplane that it operates. (b) of this section, no certificate holder

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Federal Aviation Administration, DOT § 125.119

may use an airplane powered by air- partments must be placarded against


plane engines rated at more than 600 smoking.
horsepower each for maximum contin- (4) Each receptacle for used towels,
uous operation unless that airplane papers, and wastes must be of fire-re-
meets the requirements of §§ 125.113 sistant material and must have a cover
through 125.181. or other means of containing possible
(b) If the Administrator determines fires started in the receptacles.
that, for a particular model of airplane (c) Thermal/acoustic insulation ma-
used in cargo service, literal compli- terials. For transport category air-
ance with any requirement under para- planes type certificated after January
graph (a) of this section would be ex- 1, 1958:
tremely difficult and that compliance (1) For airplanes manufactured before
would not contribute materially to the September 2, 2005, when thermal/acous-
objective sought, the Administrator tic insulation is installed in the fuse-
may require compliance with only lage as replacements after September
those requirements that are necessary 2, 2005, the insulation must meet the
to accomplish the basic objectives of flame propagation requirements of
this part. § 25.856 of this chapter, effective Sep-
(c) This section does not apply to any tember 2, 2003, if it is:
airplane certificated under— (i) of a blanket construction or
(ii) Installed around air ducting.
(1) Part 4b of the Civil Air Regula-
(2) For airplanes manufactured after
tions in effect after October 31, 1946;
September 2, 2005, thermal/acoustic in-
(2) Part 25 of this chapter; or sulation materials installed in the fu-
(3) Special Civil Air Regulation 422, selage must meet the flame propaga-
422A, or 422B. tion requirements of § 25.856 of this
chapter, effective September 2, 2003.
§ 125.113 Cabin interiors.
[Doc. No. 19799, 45 FR 67235, Oct. 9, 1980, as
(a) Upon the first major overhaul of amended by Amdt. 125–43, 68 FR 45084, July
an airplane cabin or refurbishing of the 31, 2003; Amdt. 125–50, 70 FR 77752, Dec. 30,
cabin interior, all materials in each 2005]
compartment used by the crew or pas-
sengers that do not meet the following § 125.115 Internal doors.
requirements must be replaced with In any case where internal doors are
materials that meet these require- equipped with louvres or other ven-
ments: tilating means, there must be a means
(1) For an airplane for which the ap- convenient to the crew for closing the
plication for the type certificate was flow of air through the door when nec-
filed prior to May 1, 1972, § 25.853 in ef- essary.
fect on April 30, 1972.
(2) For an airplane for which the ap- § 125.117 Ventilation.
plication for the type certificate was Each passenger or crew compartment
filed on or after May 1, 1972, the mate- must be suitably ventilated. Carbon
rials requirement under which the air- monoxide concentration may not be
plane was type certificated. more than one part in 20,000 parts of
(b) Except as provided in paragraph air, and fuel fumes may not be present.
(a) of this section, each compartment In any case where partitions between
used by the crew or passengers must compartments have louvres or other
meet the following requirements: means allowing air to flow between
(1) Materials must be at least flash compartments, there must be a means
resistant. convenient to the crew for closing the
(2) The wall and ceiling linings and flow of air through the partitions when
the covering of upholstering, floors, necessary.
and furnishings must be flame resist-
ant. § 125.119 Fire precautions.
(3) Each compartment where smok- (a) Each compartment must be de-
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ing is to be allowed must be equipped signed so that, when used for storing
with self-contained ash trays that are cargo or baggage, it meets the fol-
completely removable and other com- lowing requirements:

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§ 125.119 14 CFR Ch. I (1–1–16 Edition)

(1) No compartment may include con- (d) Class C. Cargo and baggage com-
trols, wiring, lines, equipment, or ac- partments are classified in the ‘‘C’’ cat-
cessories that would upon damage or egory if they do not conform with the
failure, affect the safe operation of the requirements for the ‘‘A’’, ‘‘B’’, ‘‘D’’, or
airplane unless the item is adequately ‘‘E’’ categories. Each Class C compart-
shielded, isolated, or otherwise pro- ment must comply with the following:
tected so that it cannot be damaged by (1) It must have a separate approved
movement of cargo in the compart- smoke or fire detector system to give
ment and so that damage to or failure warning at the pilot or flight engineer
of the item would not create a fire haz- station.
ard in the compartment. (2) It must have an approved built-in
(2) Cargo or baggage may not inter- fire-extinguishing system controlled
fere with the functioning of the fire- from the pilot or flight engineer sta-
protective features of the compart- tion.
ment. (3) It must be designed to exclude
(3) Materials used in the construction hazardous quantities of smoke, flames,
of the compartments, including tie- or extinguishing agents from entering
down equipment, must be at least into any compartment occupied by the
flame resistant. crew or passengers.
(4) It must have ventilation and draft
(4) Each compartment must include
control so that the extinguishing agent
provisions for safeguarding against
provided can control any fire that may
fires according to the classifications
start in the compartment.
set forth in paragraphs (b) through (f)
(5) It must be lined with fire-resist-
of this section.
ant material, except that additional
(b) Class A. Cargo and baggage com- service lining of flame-resistant mate-
partments are classified in the ‘‘A’’ rial may be used.
category if a fire therein would be (e) Class D. Cargo and baggage com-
readily discernible to a member of the partments are classified in the ‘‘D’’
crew while at that crewmember’s sta- category if they are so designed and
tion, and all parts of the compartment constructed that a fire occurring there-
are easily accessible in flight. There in will be completely confined without
must be a hand fire extinguisher avail- endangering the safety of the airplane
able for each Class A compartment. or the occupants. Each Class D com-
(c) Class B. Cargo and baggage com- partment must comply with the fol-
partments are classified in the ‘‘B’’ lowing:
category if enough access is provided (1) It must have a means to exclude
while in flight to enable a member of hazardous quantities of smoke, flames,
the crew to effectively reach all of the or noxious gases from entering any
compartment and its contents with a compartment occupied by the crew or
hand fire extinguisher and the com- passengers.
partment is so designed that, when the (2) Ventilation and drafts must be
access provisions are being used, no controlled within each compartment so
hazardous amount of smoke, flames, or that any fire likely to occur in the
extinguishing agent enters any com- compartment will not progress beyond
partment occupied by the crew or pas- safe limits.
sengers. Each Class B compartment (3) It must be completely lined with
must comply with the following: fire-resistant material.
(1) It must have a separate approved (4) Consideration must be given to
smoke or fire detector system to give the effect of heat within the compart-
warning at the pilot or flight engineer ment on adjacent critical parts of the
station. airplane.
(2) There must be a hand-held fire ex- (f) Class E. On airplanes used for the
tinguisher available for the compart- carriage of cargo only, the cabin area
ment. may be classified as a Class ‘‘E’’ com-
(3) It must be lined with fire-resist- partment. Each Class E compartment
lpowell on DSK54DXVN1OFR with $$_JOB

ant material, except that additional must comply with the following:
service lining of flame-resistant mate- (1) It must be completely lined with
rial may be used. fire-resistant material.

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Federal Aviation Administration, DOT § 125.133

(2) It must have a separate system of (b) Lines that can be isolated from
an approved type smoke or fire detec- the rest of the fuel system by valves at
tor to give warning at the pilot or each end must incorporate provisions
flight engineer station. for relieving excessive pressures that
(3) It must have a means to shut off may result from exposure of the iso-
the ventilating air flow to or within lated line to high temperatures.
the compartment and the controls for
that means must be accessible to the § 125.127 Location of fuel tanks.
flightcrew in the crew compartment.
(a) Fuel tanks must be located in ac-
(4) It must have a means to exclude
hazardous quantities of smoke, flames, cordance with § 125.153.
or noxious gases from entering the (b) No part of the engine nacelle skin
flightcrew compartment. that lies immediately behind a major
(5) Required crew emergency exits air outlet from the engine compart-
must be accessible under all cargo ment may be used as the wall of an in-
loading conditions. tegral tank.
(c) Fuel tanks must be isolated from
§ 125.121 Proof of compliance with personnel compartments by means of
§ 125.119. fume- and fuel-proof enclosures.
Compliance with those provisions of
§ 125.119 that refer to compartment ac- § 125.129 Fuel system lines and fit-
cessibility, the entry of hazardous tings.
quantities of smoke or extinguishing (a) Fuel lines must be installed and
agent into compartment occupied by supported so as to prevent excessive vi-
the crew or passengers, and the dissipa- bration and so as to be adequate to
tion of the extinguishing agent in Class withstand loads due to fuel pressure
‘‘C’’ compartments must be shown by
and accelerated flight conditions.
tests in flight. During these tests it
must be shown that no inadvertent op- (b) Lines connected to components of
eration of smoke or fire detectors in the airplane between which there may
other compartments within the air- be relative motion must incorporate
plane would occur as a result of fire provisions for flexibility.
contained in any one compartment, ei- (c) Flexible connections in lines that
ther during the time it is being extin- may be under pressure and subject to
guished, or thereafter, unless the extin- axial loading must use flexible hose as-
guishing system floods those compart- semblies rather than hose clamp con-
ments simultaneously. nections.
(d) Flexible hoses must be of an ac-
§ 125.123 Propeller deicing fluid. ceptable type or proven suitable for the
If combustible fluid is used for pro- particular application.
peller deicing, the certificate holder
must comply with § 125.153. § 125.131 Fuel lines and fittings in des-
ignated fire zones.
§ 125.125 Pressure cross-feed arrange- Fuel lines and fittings in each des-
ments.
ignated fire zone must comply with
(a) Pressure cross-feed lines may not § 125.157.
pass through parts of the airplane used
for carrying persons or cargo unless § 125.133 Fuel valves.
there is a means to allow crewmembers
Each fuel valve must—
to shut off the supply of fuel to these
lines or the lines are enclosed in a fuel (a) Comply with § 125.155;
and fume-proof enclosure that is venti- (b) Have positive stops or suitable
lated and drained to the exterior of the index provisions in the ‘‘on’’ and ‘‘off’’
airplane. However, such an enclosure positions; and
need not be used if those lines incor- (c) Be supported so that loads result-
porate no fittings on or within the per- ing from its operation or from acceler-
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sonnel or cargo areas and are suitably ated flight conditions are not trans-
routed or protected to prevent acci- mitted to the lines connected to the
dental damage. valve.

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§ 125.135 14 CFR Ch. I (1–1–16 Edition)

§ 125.135 Oil lines and fittings in des- pass from the engine compartment to
ignated fire zones. other parts of the airplane;
Oil lines and fittings in each des- (b) Have all openings in the firewall
ignated fire zone must comply with or shroud sealed with close-fitting fire-
§ 125.157. proof grommets, bushings, or firewall
fittings;
§ 125.137 Oil valves. (c) Be made of fireproof material; and
(d) Be protected against corrosion.
(a) Each oil valve must—
(1) Comply with § 125.155; § 125.147 Cowling.
(2) Have positive stops or suitable (a) Cowling must be made and sup-
index provisions in the ‘‘on’’ and ‘‘off’’ ported so as to resist the vibration, in-
positions; and ertia, and air loads to which it may be
(3) Be supported so that loads result- normally subjected.
ing from its operation or from acceler- (b) Provisions must be made to allow
ated flight conditions are not trans- rapid and complete drainage of the
mitted to the lines attached to the cowling in normal ground and flight at-
valve. titudes. Drains must not discharge in
(b) The closing of an oil shutoff locations constituting a fire hazard.
means must not prevent feathering the Parts of the cowling that are subjected
propeller, unless equivalent safety pro- to high temperatures because they are
visions are incorporated. near exhaust system parts or because
of exhaust gas impingement must be
§ 125.139 Oil system drains. made of fireproof material. Unless oth-
Accessible drains incorporating ei- erwise specified in these regulations,
ther a manual or automatic means for all other parts of the cowling must be
positive locking in the closed position made of material that is at least fire
must be provided to allow safe drainage resistant.
of the entire oil system.
§ 125.149 Engine accessory section dia-
§ 125.141 Engine breather lines. phragm.
Unless equivalent protection can be
(a) Engine breather lines must be so
shown by other means, a diaphragm
arranged that condensed water vapor
that complies with § 125.145 must be
that may freeze and obstruct the line
provided on air-cooled engines to iso-
cannot accumulate at any point.
late the engine power section and all
(b) Engine breathers must discharge
parts of the exhaust system from the
in a location that does not constitute a
engine accessory compartment.
fire hazard in case foaming occurs and
so that oil emitted from the line does § 125.151 Powerplant fire protection.
not impinge upon the pilots’ wind-
(a) Designated fire zones must be pro-
shield.
tected from fire by compliance with
(c) Engine breathers may not dis-
§§ 125.153 through 125.159.
charge into the engine air induction
(b) Designated fire zones are—
system.
(1) Engine accessory sections;
§ 125.143 Firewalls. (2) Installations where no isolation is
provided between the engine and acces-
Each engine, auxiliary power unit, sory compartment; and
fuel-burning heater, or other item of (3) Areas that contain auxiliary
combusting equipment that is intended power units, fuel-burning heaters, and
for operation in flight must be isolated other combustion equipment.
from the rest of the airplane by means
of firewalls or shrouds, or by other § 125.153 Flammable fluids.
equivalent means. (a) No tanks or reservoirs that are a
part of a system containing flammable
§ 125.145 Firewall construction. fluids or gases may be located in des-
lpowell on DSK54DXVN1OFR with $$_JOB

Each firewall and shroud must— ignated fire zones, except where the
(a) Be so made that no hazardous fluid contained, the design of the sys-
quantity of air, fluids, or flame can tem, the materials used in the tank,

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Federal Aviation Administration, DOT § 125.165

the shutoff means, and the connec- flammable fluids or gases, comply with
tions, lines, and controls provide equiv- § 125.157, if the Administrator finds that
alent safety. the rupture or breakage of any vent or
(b) At least one-half inch of clear air- drain line may result in a fire hazard.
space must be provided between any
tank or reservior and a firewall or § 125.161 Fire-extinguishing systems.
shroud isolating a designated fire zone.
(a) Unless the certificate holder
§ 125.155 Shutoff means. shows that equivalent protection
against destruction of the airplane in
(a) Each engine must have a means
case of fire is provided by the use of
for shutting off or otherwise pre-
venting hazardous amounts of fuel, oil, fireproof materials in the nacelle and
deicer, and other flammable fluids other components that would be sub-
from flowing into, within, or through jected to flame, fire-extinguishing sys-
any designated fire zone. However, tems must be provided to serve all des-
means need not be provided to shut off ignated fire zones.
flow in lines that are an integral part (b) Materials in the fire-extin-
of an engine. guishing system must not react chemi-
(b) The shutoff means must allow an cally with the extinguishing agent so
emergency operating sequence that is as to be a hazard.
compatible with the emergency oper-
ation of other equipment, such as § 125.163 Fire-extinguishing agents.
feathering the propeller, to facilitate Only methyl bromide, carbon dioxide,
rapid and effective control of fires. or another agent that has been shown
(c) Shutoff means must be located to provide equivalent extinguishing ac-
outside of designated fire zones, unless tion may be used as a fire-extin-
equivalent safety is provided, and it guishing agent. If methyl bromide or
must be shown that no hazardous any other toxic extinguishing agent is
amount of flammable fluid will drain used, provisions must be made to pre-
into any designated fire zone after a vent harmful concentrations of fluid or
shutoff. fluid vapors from entering any per-
(d) Adequate provisions must be sonnel compartment either because of
made to guard against inadvertent op- leakage during normal operation of the
eration of the shutoff means and to
airplane or because of discharging the
make it possible for the crew to reopen
fire extinguisher on the ground or in
the shutoff means after it has been
flight when there is a defect in the ex-
closed.
tinguishing system. If a methyl bro-
§ 125.157 Lines and fittings. mide system is used, the containers
must be charged with dry agent and
(a) Each line, and its fittings, that is
sealed by the fire-extinguisher manu-
located in a designated fire zone, if it
facturer or some other person using
carries flammable fluids or gases under
pressure, or is attached directly to the satisfactory recharging equipment. If
engine, or is subject to relative motion carbon dioxide is used, it must not be
between components (except lines and possible to discharge enough gas into
fittings forming an integral part of the the personnel compartments to create
engine), must be flexible and fire-re- a danger of suffocating the occupants.
sistant with fire-resistant, factory-
§ 125.165 Extinguishing agent con-
fixed, detachable, or other approved tainer pressure relief.
fire-resistant ends.
(b) Lines and fittings that are not Extinguishing agent containers must
subject to pressure or to relative mo- be provided with a pressure relief to
tion between components must be of prevent bursting of the container be-
fire-resistant materials. cause of excessive internal pressures.
The discharge line from the relief con-
§ 125.159 Vent and drain lines. nection must terminate outside the
lpowell on DSK54DXVN1OFR with $$_JOB

All vent and drain lines, and their airplane in a place convenient for in-
fittings, that are located in a des- spection on the ground. An indicator
ignated fire zone must, if they carry must be provided at the discharge end

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§ 125.167 14 CFR Ch. I (1–1–16 Edition)

of the line to provide a visual indica- zone or from the engine compartment
tion when the container has dis- of any nacelle.
charged.
§ 125.177 Control of engine rotation.
§ 125.167 Extinguishing agent con- (a) Except as provided in paragraph
tainer compartment temperature. (b) of this section, each airplane must
Precautions must be taken to ensure have a means of individually stopping
that the extinguishing agent con- and restarting the rotation of any en-
tainers are installed in places where gine in flight.
reasonable temperatures can be main- (b) In the case of turbine engine in-
tained for effective use of the extin- stallations, a means of stopping rota-
guishing system. tion need be provided only if the Ad-
ministrator finds that rotation could
§ 125.169 Fire-extinguishing system jeopardize the safety of the airplane.
materials.
(a) Except as provided in paragraph § 125.179 Fuel system independence.
(b) of this section, each component of a (a) Each airplane fuel system must be
fire-extinguishing system that is in a arranged so that the failure of any one
designated fire zone must be made of component does not result in the irre-
fireproof materials. coverable loss of power of more than
(b) Connections that are subject to one engine.
relative motion between components of (b) A separate fuel tank need not be
the airplane must be made of flexible provided for each engine if the certifi-
materials that are at least fire-resist- cate holder shows that the fuel system
ant and be located so as to minimize incorporates features that provide
the probability of failure. equivalent safety.
§ 125.171 Fire-detector systems. § 125.181 Induction system ice preven-
Enough quick-acting fire detectors tion.
must be provided in each designated A means for preventing the malfunc-
fire zone to assure the detection of any tioning of each engine due to ice accu-
fire that may occur in that zone. mulation in the engine air induction
system must be provided for each air-
§ 125.173 Fire detectors. plane.
Fire detectors must be made and in-
stalled in a manner that assures their § 125.183 Carriage of cargo in pas-
ability to resist, without failure, all vi- senger compartments.
bration, inertia, and other loads to (a) Except as provided in paragraph
which they may be normally subjected. (b) or (c) of this section, no certificate
Fire detectors must be unaffected by holder may carry cargo in the pas-
exposure to fumes, oil, water, or other senger compartment of an airplane.
fluids that may be present. (b) Cargo may be carried aft of the
foremost seated passengers if it is car-
§ 125.175 Protection of other airplane ried in an approved cargo bin that
components against fire. meets the following requirements:
(a) Except as provided in paragraph (1) The bin must withstand the load
(b) of this section, all airplane surfaces factors and emergency landing condi-
aft of the nacelles in the area of one tions applicable to the passenger seats
nacelle diameter on both sides of the of the airplane in which the bin is in-
nacelle centerline must be made of ma- stalled, multiplied by a factor of 1.15,
terial that is at least fire resistant. using the combined weight of the bin
(b) Paragraph (a) of this section does and the maximum weight of cargo that
not apply to tail surfaces lying behind may be carried in the bin.
nacelles unless the dimensional con- (2) The maximum weight of cargo
figuration of the airplane is such that that the bin is approved to carry and
the tail surfaces could be affected read- any instructions necessary to ensure
lpowell on DSK54DXVN1OFR with $$_JOB

ily by heat, flames, or sparks ema- proper weight distribution within the
nating from a designated fire zone or bin must be conspicuously marked on
from the engine from a designated fire the bin.

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Federal Aviation Administration, DOT § 125.187

(3) The bin may not impose any load gency or regular exit, or of the aisle in
on the floor or other structure of the the passenger compartment.
airplane that exceeds the load limita- (5) Its location does not obscure any
tions of that structure. passenger’s view of the ‘‘seat belt’’
(4) The bin must be attached to the sign, ‘‘no smoking’’ sign, or required
seat tracks or to the floor structure of exit sign, unless an auxiliary sign or
the airplane, and its attachment must other approved means for proper notifi-
withstand the load factors and emer- cation of the passenger is provided.
gency landing conditions applicable to
the passenger seats of the airplane in § 125.185 Carriage of cargo in cargo
which the bin is installed, multiplied compartments.
by either the factor 1.15 or the seat at-
tachment factor specified for the air- When cargo is carried in cargo com-
plane, whichever is greater, using the partments that are designed to require
combined weight of the bin and the the physical entry of a crewmember to
maximum weight of cargo that may be extinguish any fire that may occur
carried in the bin. during flight, the cargo must be loaded
(5) The bin may not be installed in a so as to allow a crewmember to effec-
position that restricts access to or use tively reach all parts of the compart-
of any required emergency exit, or of ment with the contents of a hand-held
the aisle in the passenger compart- fire extinguisher.
ment.
(6) The bin must be fully enclosed § 125.187 Landing gear: Aural warning
and made of material that is at least device.
flame-resistant. (a) Except for airplanes that comply
(7) Suitable safeguards must be pro- with the requirements of § 25.729 of this
vided within the bin to prevent the chapter on or after January 6, 1992,
cargo from shifting under emergency each airplane must have a landing gear
landing conditions. aural warning device that functions
(8) The bin may not be installed in a continuously under the following con-
position that obscures any passenger’s ditions:
view of the ‘‘seat belt’’ sign, ‘‘no smok-
(1) For airplanes with an established
ing’’ sign, or any required exit sign, un-
less an auxiliary sign or other approved approach wing-flap position, whenever
means for proper notification of the the wing flaps are extended beyond the
passenger is provided. maximum certificated approach climb
(c) All cargo may be carried forward configuration position in the Airplane
of the foremost seated passengers and Flight Manual and the landing gear is
carry-on baggage may be carried along- not fully extended and locked.
side the foremost seated passengers if (2) For airplanes without an estab-
the cargo (including carry-on baggage) lished approach climb wing-flap posi-
is carried either in approved bins as tion, whenever the wing flaps are ex-
specified in paragraph (b) of this sec- tended beyond the position at which
tion or in accordance with the fol- landing gear extension is normally per-
lowing: formed and the landing gear is not
(1) It is properly secured by a safety fully extended and locked.
belt or other tie down having enough (b) The warning system required by
strength to eliminate the possibility of paragraph (a) of this section—
shifting under all normally anticipated (1) May not have a manual shutoff;
flight and ground conditions. (2) Must be in addition to the throt-
(2) It is packaged or covered in a
tle-actuated device installed under the
manner to avoid possible injury to pas-
type certification airworthiness re-
sengers.
(3) It does not impose any load on quirements; and
seats or the floor structure that ex- (3) May utilize any part of the throt-
ceeds the load limitation for those tle-actuated system including the
lpowell on DSK54DXVN1OFR with $$_JOB

components. aural warning device.


(4) Its location does not restrict ac-
cess to or use of any required emer-

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§ 125.189 14 CFR Ch. I (1–1–16 Edition)

(c) The flap position sensing unit ducted in accordance with paragraph
may be installed at any suitable place (b) of appendix B of this part, that it
in the airplane. has the ability to efficiently carry out
[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as
its ditching procedures.
amended by Amdt. 125–16, 56 FR 63762, Dec. 5, (d) If a certificate holder has con-
1991] ducted a successful demonstration re-
quired by § 121.291(b) in the same type
§ 125.189 Demonstration of emergency airplane as a part 121 or part 123 cer-
evacuation procedures. tificate holder, it need not conduct a
(a) Each certificate holder must demonstration under this paragraph in
show, by actual demonstration con- that type airplane to achieve certifi-
ducted in accordance with paragraph cation under part 125.
(a) of appendix B of this part, that the
emergency evacuation procedures for Subpart F—Instrument and
each type and model of airplane with a Equipment Requirements
seating of more than 44 passengers,
that is used in its passenger-carrying § 125.201 Inoperable instruments and
operations, allow the evacuation of the equipment.
full seating capacity, including crew- (a) No person may take off an air-
members, in 90 seconds or less, in each plane with inoperable instruments or
of the following circumstances: equipment installed unless the fol-
(1) A demonstration must be con- lowing conditions are met:
ducted by the certificate holder upon (1) An approved Minimum Equipment
the initial introduction of a type and List exists for that airplane.
model of airplane into passenger-car- (2) The Flight Standards District Of-
rying operations. However, the dem- fice having certification responsibility
onstration need not be repeated for any has issued the certificate holder oper-
airplane type or model that has the ations specifications authorizing oper-
same number and type of exits, the ations in accordance with an approved
same cabin configuration, and the Minimum Equipment List. The flight
same emergency equipment as any crew shall have direct access at all
other airplane used by the certificate times prior to flight to all of the infor-
holder in successfully demonstrating mation contained in the approved Min-
emergency evacuation in compliance imum Equipment List through printed
with this paragraph. or other means approved by the Admin-
(2) A demonstration must be con- istrator in the certificate holders oper-
ducted— ations specifications. An approved Min-
(i) Upon increasing by more than 5 imum Equipment List, as authorized
percent the passenger seating capacity by the operations specifications, con-
for which successful demonstration has stitutes an approved change to the
been conducted; or type design without requiring recertifi-
(ii) Upon a major change in the pas- cation.
senger cabin interior configuration (3) The approved Minimum Equip-
that will affect the emergency evacu- ment List must:
ation of passengers. (i) Be prepared in accordance with
(b) If a certificate holder has con- the limitations specified in paragraph
ducted a successful demonstration re- (b) of this section.
quired by § 121.291(a) in the same type (ii) Provide for the operation of the
airplane as a part 121 or part 123 cer- airplane with certain instruments and
tificate holder, it need not conduct a equipment in an inoperable condition.
demonstration under this paragraph in (4) Records identifying the inoperable
that type airplane to achieve certifi- instruments and equipment and the in-
cation under part 125. formation required by paragraph
(c) Each certificate holder operating (a)(3)(ii) of this section must be avail-
or proposing to operate one or more able to the pilot.
landplanes in extended overwater oper- (5) The airplane is operated under all
lpowell on DSK54DXVN1OFR with $$_JOB

ations, or otherwise required to have applicable conditions and limitations


certain equipment under § 125.209, must contained in the Minimum Equipment
show, by a simulated ditching con- List and the operations specifications

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Federal Aviation Administration, DOT § 125.203

authorizing use of the Minimum Equip- (2) The airplane used in those oper-
ment List. ations is equipped with at least the fol-
(b) The following instruments and lowing equipment—
equipment may not be included in the (i) Except as provided in paragraph
Minimum Equipment List: (d) of this section, two approved inde-
(1) Instruments and equipment that pendent navigation systems suitable
are either specifically or otherwise re- for navigating the airplane along the
quired by the airworthiness require- route within the degree of accuracy re-
ments under which the airplane is type quired for ATC;
certificated and which are essential for (ii) One marker beacon receiver pro-
safe operations under all operating viding visual and aural signals;
conditions. (iii) One ILS receiver;
(2) Instruments and equipment re-
(iv) Two transmitters;
quired by an airworthiness directive to
be in operable condition unless the air- (v) Two microphones;
worthiness directive provides other- (vi) Two headsets or one headset and
wise. one speaker; and
(3) Instruments and equipment re- (vii) Two independent communica-
quired for specific operations by this tion systems, one of which must have
part. two-way voice communication capa-
(c) Notwithstanding paragraphs (b)(1) bility, capable of transmitting to, and
and (b)(3) of this section, an airplane receiving from, at least one appro-
with inoperable instruments or equip- priate facility from any place on the
ment may be operated under a special route to be flown; and
flight permit under §§ 21.197 and 21.199 (3) Any RNAV system used to meet
of this chapter. the navigation equipment require-
[Doc. No. 25780, 56 FR 12310, Mar. 22, 1991]
ments of this section is authorized in
the certificate holder’s operations
§ 125.203 Communication and naviga- specifications.
tion equipment. (d) Use of a single independent naviga-
(a) Communication equipment—general. tion system for operations under IFR—not
No person may operate an airplane un- for extended overwater operations. Not-
less it has two-way radio communica- withstanding the requirements of para-
tion equipment able, at least in flight, graph (c)(2)(i) of this section, the air-
to transmit to, and receive from, ap- plane may be equipped with a single
propriate facilities 22 nautical miles independent navigation system suit-
away. able for navigating the airplane along
(b) Navigation equipment for operations the route to be flown within the degree
over the top. No person may operate an of accuracy required for ATC if—
airplane over the top unless it has (1) It can be shown that the airplane
navigation equipment suitable for the is equipped with at least one other
route to be flown. independent navigation system suit-
(c) Communication and navigation able, in the event of loss of the naviga-
equipment for IFR or extended over-water tion capability of the single inde-
operations—General. Except as provided pendent navigation system permitted
in paragraph (f) of this section, no per- by this paragraph at any point along
son may operate an airplane carrying the route, for proceeding safely to a
passengers under IFR or in extended suitable airport and completing an in-
over-water operations unless— strument approach; and
(1) The en route navigation aids nec- (2) The airplane has sufficient fuel so
essary for navigating the airplane that the flight may proceed safely to a
along the route (e.g., ATS routes, ar- suitable airport by use of the remain-
rival and departure routes, and instru- ing navigation system, and complete
ment approach procedures, including an instrument approach and land.
missed approach procedures if a missed (e) Use of VOR navigation equipment.
approach routing is specified in the If VOR navigation equipment is re-
lpowell on DSK54DXVN1OFR with $$_JOB

procedure) are available and suitable quired by paragraph (c) or (d) of this
for use by the aircraft navigation sys- section, no person may operate an air-
tems required by this section; plane unless it is equipped with at least

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§ 125.204 14 CFR Ch. I (1–1–16 Edition)

one approved DME or a suitable RNAV (a) A vertical speed indicator;


system. (b) A free-air temperature indicator;
(f) Extended over-water operations. (c) A heated pitot tube for each air-
Notwithstanding the requirements of speed indicator;
paragraph (c) of this section, installa- (d) A power failure warning device or
tion and use of a single long-range vacuum indicator to show the power
navigation system and a single long-
available for gyroscopic instruments
range communication system for ex-
from each power source;
tended over-water operations in certain
geographic areas may be authorized by (e) An alternate source of static pres-
the Administrator and approved in the sure for the altimeter and the airspeed
certificate holder’s operations speci- and vertical speed indicators;
fications. The following are among the (f) At least two generators each of
operational factors the Administrator which is on a separate engine, or which
may consider in granting an authoriza- any combination of one-half of the
tion: total number are rated sufficiently to
(1) The ability of the flight crew to supply the electrical loads of all re-
navigate the airplane along the route quired instruments and equipment nec-
to be flown within the degree of accu- essary for safe emergency operation of
racy required for ATC; the airplane; and
(2) The length of the route being (g) Two independent sources of en-
flown; and ergy (with means of selecting either),
(3) The duration of the very high fre-
of which at least one is an engine-driv-
quency communications gap.
en pump or generator, each of which is
[Doc. No. FAA–2002–14002, 72 FR 31682, June 7, able to drive all gyroscopic instru-
2007] ments and installed so that failure of
§ 125.204 Portable electronic devices. one instrument or source does not
interfere with the energy supply to the
(a) Except as provided in paragraph remaining instruments or the other en-
(b) of this section, no person may oper-
ergy source. For the purposes of this
ate, nor may any operator or pilot in
paragraph, each engine-driven source
command of an aircraft allow the oper-
ation of, any portable electronic device of energy must be on a different en-
on any U.S.-registered civil aircraft op- gine.
erating under this part. (h) For the purposes of paragraph (f)
(b) Paragraph (a) of this section does of this section, a continuous inflight
not apply to— electrical load includes one that draws
(1) Portable voice recorders; current continuously during flight,
(2) Hearing aids; such as radio equipment, electrically
(3) Heart pacemakers; driven instruments, and lights, but
(4) Electric shavers; or does not include occasional intermit-
(5) Any other portable electronic de- tent loads.
vice that the Part 125 certificate holder (i) An airspeed indicating system
has determined will not cause inter- with heated pitot tube or equivalent
ference with the navigation or commu- means for preventing malfunctioning
nication system of the aircraft on
due to icing.
which it is to be used.
(c) The determination required by (j) A sensitive altimeter.
paragraph (b)(5) of this section shall be (k) Instrument lights providing
made by that Part 125 certificate hold- enough light to make each required in-
er operating the particular device to be strument, switch, or similar instru-
used. ment easily readable and installed so
that the direct rays are shielded from
[Doc. No. FAA–1998–4954, 64 FR 1080, Jan. 7,
1999] the flight crewmembers’ eyes and that
no objectionable reflections are visible
§ 125.205 Equipment requirements: to them. There must be a means of con-
lpowell on DSK54DXVN1OFR with $$_JOB

Airplanes under IFR. trolling the intensity of illumination


No person may operate an airplane unless it is shown that nondimming in-
under IFR unless it has— strument lights are satisfactory.

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Federal Aviation Administration, DOT § 125.207

§ 125.206 Pitot heat indication systems.


Contents Quantity
(a) Except as provided in paragraph
(b) of this section, after April 12, 1981, Triangular bandage compressors, 40 in ............... 5
Arm splint, noninflatable ........................................ 1
no person may operate a transport cat- Leg splint, noninflatable ......................................... 1
egory airplane equipped with a flight Roller bandage, 4 in .............................................. 4
instrument pitot heating system unless Adhesive tape, 1-in standard roll .......................... 2
Bandage scissors .................................................. 1
the airplane is equipped with an oper- Protective latex gloves or equivalent nonper-
able pitot heat indication system that meable gloves .................................................... 11

complies with § 25.1326 of this chapter 1 Pair.

in effect on April 12, 1978.


(b) A certificate holder may obtain (iv) Protective latex gloves or equiv-
an extension of the April 12, 1981, com- alent nonpermeable gloves may be
pliance date specified in paragraph (a) placed in the first aid kit or in a loca-
of this section, but not beyond April 12, tion that is readily accessible to crew-
1983, from the Director, Flight Stand- members.
ards Service if the certificate holder— (2) A crash axe carried so as to be ac-
(1) Shows that due to circumstances cessible to the crew but inaccessible to
beyond its control it cannot comply by passengers during normal operations.
the specified compliance date; and (3) Signs that are visible to all occu-
(2) Submits by the specified compli- pants to notify them when smoking is
ance date a schedule for compliance ac- prohibited and when safety belts
ceptable to the Director, indicating should be fastened. The signs must be
that compliance will be achieved at the so constructed that they can be turned
earliest practicable date. on and off by a crewmember. They
must be turned on for each takeoff and
[Doc. No. 18904, 46 FR 43806, Aug. 31, 1981, as each landing and when otherwise con-
amended by Amdt. 125–13, 54 FR 39294, Sept. sidered to be necessary by the pilot in
25, 1989]
command.
§ 125.207 Emergency equipment re- (4) The additional emergency equip-
quirements. ment specified in appendix A of this
part.
(a) No person may operate an air- (b) Megaphones. Each passenger-car-
plane having a seating capacity of 20 or rying airplane must have a portable
more passengers unless it is equipped battery-powered megaphone or mega-
with the following emergency equip- phones readily accessible to the crew-
ment: members assigned to direct emergency
(1) One approved first aid kit for evacuation, installed as follows:
treatment of injuries likely to occur in (1) One megaphone on each airplane
flight or in a minor accident, which with a seating capacity of more than 60
meets the following specifications and and less than 100 passengers, at the
requirements: most rearward location in the pas-
(i) Each first aid kit must be dust senger cabin where it would be readily
and moisture proof and contain only accessible to a normal flight attendant
materials that either meet Federal seat. However, the Administrator may
Specifications GGK–391a, as revised, or grant a deviation from the require-
as approved by the Administrator. ments of this paragraph if the Adminis-
(ii) Required first aid kits must be trator finds that a different location
readily accessible to the cabin flight would be more useful for evacuation of
attendants. persons during an emergency.
(iii) Except as provided in paragraph (2) Two megaphones in the passenger
(a)(1)(iv) of this section, at time of cabin on each airplane with a seating
takeoff, each first aid kit must contain capacity of more than 99 and less than
at least the following or other contents 200 passengers, one installed at the for-
approved by the Administrator: ward end and the other at the most
Contents Quantity rearward location where it would be
readily accessible to a normal flight
lpowell on DSK54DXVN1OFR with $$_JOB

Adhesive bandage compressors, 1 in ................... 16


Antiseptic swabs .................................................... 20
attendant seat.
Ammonia inhalants ................................................ 10 (3) Three megaphones in the pas-
Bandage compressors, 4 in .................................. 8 senger cabin on each airplane with a

329

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§ 125.209 14 CFR Ch. I (1–1–16 Edition)

seating capacity of more than 199 pas- (xvi) A 2-day supply of emergency
sengers, one installed at the forward food rations supplying at least 1,000
end, one installed at the most rearward calories a day for each person;
location where it would be readily ac- (xvii) One sea water desalting kit for
cessible to a normal flight attendant each two persons that raft is rated to
seat, and one installed in a readily ac- carry, or two pints of water for each
cessible location in the mid-section of person the raft is rated to carry;
the airplane. (xviii) One fishing kit; and
(xix) One book on survival appro-
[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as priate for the area in which the air-
amended by Amdt. 125–19, 59 FR 1781, Jan. 12, plane is operated.
1994; Amdt. 125–22, 59 FR 52643, Oct. 18, 1994;
(b) No person may operate an air-
59 FR 55208, Nov. 4, 1994]
plane in extended overwater operations
§ 125.209 Emergency equipment: Ex- unless there is attached to one of the
tended overwater operations. life rafts required by paragraph (a) of
this section, an approved survival type
(a) No person may operate an air- emergency locator transmitter. Bat-
plane in extended overwater operations teries used in this transmitter must be
unless it carries, installed in conspicu- replaced (or recharged, if the batteries
ously marked locations easily acces- are rechargeable) when the transmitter
sible to the occupants if a ditching oc- has been in use for more than one cu-
curs, the following equipment: mulative hour, or, when 50 percent of
(1) An approved life preserver their useful life (or for rechargeable
equipped with an approved survivor lo- batteries, 50 percent of their useful life
cator light, or an approved flotation of charge) has expired, as established
means, for each occupant of the air- by the transmitter manufacturer under
craft. The life preserver or other flota- its approval. The new expiration date
tion means must be easily accessible to for replacing (or recharging) the bat-
each seated occupant. If a flotation tery must be legibly marked on the
means other than a life preserver is outside of the transmitter. The battery
used, it must be readily removable useful life (or useful life of charge) re-
from the airplane. quirements of this paragraph do not
(2) Enough approved life rafts (with apply to batteries (such as water-acti-
proper buoyancy) to carry all occu- vated batteries) that are essentially
pants of the airplane, and at least the unaffected during probable storage in-
following equipment for each raft tervals.
clearly marked for easy identifica-
[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as
tion—
amended by Amdt. 125–20, 59 FR 32058, June
(i) One canopy (for sail, sunshade, or 21, 1994]
rain catcher);
(ii) One radar reflector (or similar de- § 125.211 Seat and safety belts.
vice); (a) No person may operate an air-
(iii) One life raft repair kit; plane unless there are available during
(iv) One bailing bucket; the takeoff, en route flight, and land-
(v) One signaling mirror; ing—
(vi) One police whistle; (1) An approved seat or berth for each
(vii) One raft knife; person on board the airplane who is at
(viii) One CO2 bottle for emergency least 2 years old; and
inflation; (2) An approved safety belt for sepa-
rate use by each person on board the
(ix) One inflation pump;
airplane who is at least 2 years old, ex-
(x) Two oars;
cept that two persons occupying a
(xi) One 75-foot retaining line; berth may share one approved safety
(xii) One magnetic compass; belt and two persons occupying a mul-
(xiii) One dye marker; tiple lounge or divan seat may share
(xiv) One flashlight having at least one approved safety belt during en
lpowell on DSK54DXVN1OFR with $$_JOB

two size ‘‘D’’ cells or equivalent; route flight only.


(xv) At least one approved pyro- (b) Except as provided in paragraphs
technic signaling device; (b)(1) and (b)(2) of this section, each

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Federal Aviation Administration, DOT § 125.211

person on board an airplane operated holder was approved by the FAA


under this part shall occupy an ap- through Type Certificate or Supple-
proved seat or berth with a separate mental Type Certificate; or
safety belt properly secured about him (4) That the seat or child restraint
or her during movement on the surface, device furnished by the certificate
takeoff, and landing. A safety belt pro- holder, or one of the persons described
vided for the occupant of a seat may in paragraph (b)(2)(i) of this section,
not be used for more than one person was approved by the FAA in accord-
who has reached his or her second ance with § 21.8(d) of this chapter or
birthday. Notwithstanding the pre- Technical Standard Order C–100b, or a
ceding requirements, a child may: later version. The child restraint de-
(1) Be held by an adult who is occu- vice manufactured by AmSafe, Inc.
pying an approved seat or berth, pro- (CARES, Part No. 4082) and approved
vided the child has not reached his or by the FAA in accordance with
her second birthday and the child does § 21.305(d) (2010 ed.) of this chapter may
not occupy or use any restraining de- continue to bear a label or markings
vice; or showing FAA approval in accordance
(2) Notwithstanding any other re- with § 21.305(d) (2010 ed.) of this chapter.
quirement of this chapter, occupy an (D) Except as provided in
approved child restraint system fur- § 125.211(b)(2)(ii)(C)(3) and
nished by the certificate holder or one § 125.211(b)(2)(ii)(C)(4), booster-type
of the persons described in paragraph child restraint systems (as defined in
(b)(2)(i) of this section, provided: Federal Motor Vehicle Safety Standard
(i) The child is accompanied by a par- No. 213 (49 CFR 571.213)), vest- and har-
ent, guardian, or attendant designated ness-type child restraint systems, and
by the child’s parent or guardian to at- lap held child restraints are not ap-
tend to the safety of the child during proved for use in aircraft; and
the flight; (iii) The certificate holder complies
(ii) Except as provided in paragraph with the following requirements:
(b)(2)(ii)(D) of this section, the ap- (A) The restraint system must be
proved child restraint system bears one properly secured to an approved for-
or more labels as follows: ward-facing seat or berth;
(A) Seats manufactured to U.S. (B) The child must be properly se-
standards between January 1, 1981, and cured in the restraint system and must
February 25, 1985, must bear the label: not exceed the specified weight limit
‘‘This child restraint system conforms for the restraint system; and
to all applicable Federal motor vehicle (C) The restraint system must bear
safety standards’’; the appropriate label(s).
(B) Seats manufactured to U.S. (c) Except as provided in paragraph
standards on or after February 26, 1985, (c)(3) of this section, the following pro-
must bear two labels: hibitions apply to certificate holders:
(1) ‘‘This child restraint system con- (1) Except as provided in
forms to all applicable Federal motor § 125.211(b)(2)(ii)(C)(3) and
vehicle safety standards’’; and § 125.211(b)(2)(ii)(C)(4), no certificate
(2) ‘‘THIS RESTRAINT IS CER- holder may permit a child, in an air-
TIFIED FOR USE IN MOTOR VEHI- craft, to occupy a booster-type child
CLES AND AIRCRAFT’’ in red let- restraint system, a vest-type child re-
tering; straint system, a harness-type child re-
(C) Seats that do not qualify under straint system, or a lap held child re-
paragraphs (b)(2)(ii)(A) and (b)(2)(ii)(B) straint system during take off, landing,
of this section must bear a label or and movement on the surface.
markings showing: (2) Except as required in paragraph
(1) That the seat was approved by a (c)(1) of this section, no certificate
foreign government; holder may prohibit a child, if re-
(2) That the seat was manufactured quested by the child’s parent, guardian,
under the standards of the United Na- or designated attendant, from occu-
lpowell on DSK54DXVN1OFR with $$_JOB

tions; pying a child restraint system fur-


(3) That the seat or child restraint nished by the child’s parent, guardian,
device furnished by the certificate or designated attendant provided:

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§ 125.213 14 CFR Ch. I (1–1–16 Edition)

(i) The child holds a ticket for an ap- (a) If protective fuses are installed on
proved seat or berth or such seat or an airplane, the number of spare fuses
berth is otherwise made available by approved for the airplane and appro-
the certificate holder for the child’s priately described in the certificate
use; holder’s manual.
(ii) The requirements of paragraph (b) A windshield wiper or equivalent
(b)(2)(i) of this section are met; for each pilot station.
(iii) The requirements of paragraph (c) A power supply and distribution
(b)(2)(iii) of this section are met; and system that meets the requirements of
(iv) The child restraint system has §§ 25.1309, 25.1331, 25.1351 (a) and (b) (1)
one or more of the labels described in through (4), 25.1353, 25.1355, and
paragraphs (b)(2)(ii)(A) through 25.1431(b) or that is able to produce and
(b)(2)(ii)(C) of this section. distribute the load for the required in-
struments and equipment, with use of
(3) This section does not prohibit the
an external power supply if any one
certificate holder from providing child
power source or component of the
restraint systems authorized by this
power distribution system fails. The
section or, consistent with safe oper-
use of common elements in the system
ating practices, determining the most
may be approved if the Administrator
appropriate passenger seat location for
finds that they are designed to be rea-
the child restraint system.
sonably protected against malfunc-
(d) Each sideward facing seat must tioning. Engine-driven sources of en-
comply with the applicable require- ergy, when used, must be on separate
ments of § 25.785(c) of this chapter. engines.
(e) No certificate holder may take off (d) A means for indicating the ade-
or land an airplane unless each pas- quacy of the power being supplied to
senger seat back is in the upright posi- required flight instruments.
tion. Each passenger shall comply with (e) Two independent static pressure
instructions given by a crewmember in systems, vented to the outside atmos-
compliance with this paragraph. This pheric pressure so that they will be
paragraph does not apply to seats on least affected by air flow variation or
which cargo or persons who are unable moisture or other foreign matter, and
to sit erect for a medical reason are installed so as to be airtight except for
carried in accordance with procedures the vent. When a means is provided for
in the certificate holder’s manual if transferring an instrument from its
the seat back does not obstruct any primary operating system to an alter-
passenger’s access to the aisle or to native system, the means must include
any emergency exit. a positive positioning control and must
(f) Each occupant of a seat equipped be marked to indicate clearly which
with a shoulder harness must fasten system is being used.
the shoulder harness during takeoff (f) A placard on each door that is the
and landing, except that, in the case of means of access to a required passenger
crewmembers, the shoulder harness emergency exit to indicate that it
need not be fastened if the crew- must be open during takeoff and land-
member cannot perform his required ing.
duties with the shoulder harness fas- (g) A means for the crew, in an emer-
tened. gency, to unlock each door that leads
[Doc. No. 19799, 45 FR 67235, Oct. 9, 1980, as to a compartment that is normally ac-
amended by Amdt. 125–17, 57 FR 42674, Sept. cessible to passengers and that can be
15, 1992; Amdt. 125–26, 61 FR 28422, June 4, locked by passengers.
1996; Amdt. 125–48, 70 FR 50907, Aug. 26, 2005;
Amdt. 125–51, 71 FR 40009, July 14, 2006; 71 FR § 125.215 Operating information re-
59373, Oct. 10, 2006; Amdt. 125–64, 79 FR 28812, quired.
May 20, 2014] (a) The operator of an airplane must
provide the following materials, in cur-
§ 125.213 Miscellaneous equipment. rent and appropriate form, accessible
lpowell on DSK54DXVN1OFR with $$_JOB

No person may conduct any oper- to the pilot at the pilot station, and
ation unless the following equipment is the pilot shall use them:
installed in the airplane: (1) A cockpit checklist.

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Federal Aviation Administration, DOT § 125.219

(2) An emergency cockpit checklist when otherwise considered to be nec-


containing the procedures required by essary by the pilot in command.
paragraph (c) of this section, as appro- (b) No passenger or crewmember may
priate. smoke while any ‘‘No Smoking’’ sign is
(3) Pertinent aeronautical charts. lighted nor may any passenger or crew-
(4) For IFR operations, each perti- member smoke in any lavatory.
nent navigational en route, terminal (c) Each passenger required by
area, and approach and letdown chart; § 125.211(b) to occupy a seat or berth
(5) One-engine-inoperative climb per- shall fasten his or her safety belt about
formance data and, if the airplane is him or her and keep it fastened while
approved for use in IFR or over-the-top any ‘‘Fasten Seat Belt’’ sign is lighted.
operations, that data must be suffi- (d) Each passenger shall comply with
cient to enable the pilot to determine instructions given him or her by crew-
that the airplane is capable of carrying members regarding compliance with
passengers over-the-top or in IFR con- paragraphs (b) and (c) of this section.
ditions at a weight that will allow it to [Doc. No. 26142, 57 FR 42675, Sept. 15, 1992]
climb, with the critical engine inoper-
ative, at least 50 feet a minute when § 125.219 Oxygen for medical use by
operating at the MEA’s of the route to passengers.
be flown or 5,000 feet MSL, whichever is (a) Except as provided in paragraphs
higher. (d) and (e) of this section, no certifi-
(b) Each cockpit checklist required cate holder may allow the carriage or
by paragraph (a)(1) of this section must operation of equipment for the storage,
contain the following procedures: generation or dispensing of medical ox-
(1) Before starting engines; ygen unless the unit to be carried is
(2) Before take-off; constructed so that all valves, fittings,
(3) Cruise; and gauges are protected from damage
(4) Before landing; during that carriage or operation and
(5) After landing; unless the following conditions are
(6) Stopping engines. met:
(c) Each emergency cockpit checklist (1) The equipment must be—
(i) Of an approved type or in con-
required by paragraph (a)(2) of this sec-
formity with the manufacturing, pack-
tion must contain the following proce-
aging, marking, labeling, and mainte-
dures, as appropriate:
nance requirements of title 49 CFR
(1) Emergency operation of fuel, hy-
parts 171, 172, and 173, except
draulic, electrical, and mechanical sys-
§ 173.24(a)(1);
tems.
(ii) When owned by the certificate
(2) Emergency operation of instru- holder, maintained under the certifi-
ments and controls. cate holder’s approved maintenance
(3) Engine inoperative procedures. program;
(4) Any other emergency procedures (iii) Free of flammable contaminants
necessary for safety. on all exterior surfaces; and
(iv) Appropriately secured.
§ 125.217 Passenger information.
(2) When the oxygen is stored in the
(a) Except as provided in paragraph form of a liquid, the equipment must
(b) of this section, no person may oper- have been under the certificate holder’s
ate an airplane carrying passengers un- approved maintenance program since
less it is equipped with signs that meet its purchase new or since the storage
the requirements of § 25.791 of this container was last purged.
chapter and that are visible to pas- (3) When the oxygen is stored in the
sengers and flight attendants to notify form of a compressed gas as defined in
them when smoking is prohibited and title 49 CFR 173.300(a)—
when safety belts must be fastened. (i) When owned by the certificate
The signs must be so constructed that holder, it must be maintained under its
the crew can turn them on and off. approved maintenance program; and
lpowell on DSK54DXVN1OFR with $$_JOB

They must be turned on during air- (ii) The pressure in any oxygen cyl-
plane movement on the surface, for inder must not exceed the rated cyl-
each takeoff, for each landing, and inder pressure.

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§ 125.221 14 CFR Ch. I (1–1–16 Edition)

(4) The pilot in command must be ad- the wing in the area of the fuel tanks
vised when the equipment is on board if authorized by the FAA.
and when it is intended to be used. (b) No certificate holder may author-
(5) The equipment must be stowed, ize an airplane to take off and no pilot
and each person using the equipment may take off an airplane any time con-
must be seated so as not to restrict ac- ditions are such that frost, ice, or snow
cess to or use of any required emer- may reasonably be expected to adhere
gency or regular exit or of the aisle in to the airplane unless the pilot has
the passenger compartment. completed the testing required under
(b) When oxygen is being used, no § 125.287(a)(9) and unless one of the fol-
person may smoke and no certificate lowing requirements is met:
holder may allow any person to smoke (1) A pretakeoff contamination
within 10 feet of oxygen storage and check, that has been established by the
dispensing equipment carried under certificate holder and approved by the
paragraph (a) of this section. Administrator for the specific airplane
(c) No certificate holder may allow type, has been completed within 5 min-
any person other than a person trained utes prior to beginning takeoff. A pre-
in the use of medical oxygen equip- takeoff contamination check is a check
ment to connect or disconnect oxygen to make sure the wings and control
bottles or any other ancillary compo- surfaces are free of frost, ice, or snow.
(2) The certificate holder has an ap-
nent while any passenger is aboard the
proved alternative procedure and under
airplane.
that procedure the airplane is deter-
(d) Paragraph (a)(1)(i) of this section
mined to be free of frost, ice, or snow.
does not apply when that equipment is (3) The certificate holder has an ap-
furnished by a professional or medical proved deicing/anti-icing program that
emergency service for use on board an complies with § 121.629(c) of this chap-
airplane in a medical emergency when ter and the takeoff complies with that
no other practical means of transpor- program.
tation (including any other properly (c) No pilot may fly under IFR into
equipped certificate holder) is reason- known or forecast light or moderate
ably available and the person carried icing conditions, or under VFR into
under the medical emergency is accom- known light or moderate icing condi-
panied by a person trained in the use of tions, unless—
medical oxygen. (1) The aircraft has functioning deic-
(e) Each certificate holder who, under ing or anti-icing equipment protecting
the authority of paragraph (d) of this each propeller, windshield, wing, stabi-
section, deviates from paragraph lizing or control surface, and each air-
(a)(1)(i) of this section under a medical speed, altimeter, rate of climb, or
emergency shall, within 10 days, ex- flight attitude instrument system;
cluding Saturdays, Sundays, and Fed- (2) The airplane has ice protection
eral holidays, after the deviation, send provisions that meet appendix C of this
to the FAA Flight Standards district part; or
office charged with the overall inspec- (3) The airplane meets transport cat-
tion of the certificate holder a com- egory airplane type certification provi-
plete report of the operation involved, sions, including the requirements for
including a description of the deviation certification for flight in icing condi-
and the reasons for it. tions.
(d) Except for an airplane that has
§ 125.221 Icing conditions: Operating ice protection provisions that meet ap-
limitations. pendix C of this part or those for trans-
(a) No pilot may take off an airplane port category airplane type certifi-
that has frost, ice, or snow adhering to cation, no pilot may fly an airplane
any propeller, windshield, stabilizing into known or forecast severe icing
or control surface; to a powerplant in- conditions.
stallation; or to an airspeed, altimeter, (e) If current weather reports and
lpowell on DSK54DXVN1OFR with $$_JOB

rate of climb, flight attitude instru- briefing information relied upon by the
ment system, or wing, except that pilot in command indicate that the
takeoffs may be made with frost under forecast icing condition that would

334

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Federal Aviation Administration, DOT § 125.225

otherwise prohibit the flight will not COLLISION AVOIDANCE SYSTEMS


be encountered during the flight be-
If you operate any Then you must operate that airplane
cause of changed weather conditions . . . with:
since the forecast, the restrictions in
(a) Turbine-powered (1) An appropriate class of Mode S
paragraphs (b) and (c) of this section airplane of more transponder that meets Technical
based on forecast conditions do not than 33,000 Standard Order (TSO) C–112, or a
apply. pounds maximum later version, and one of the fol-
certificated take- lowing approved units:
[45 FR 67235, Oct. 9, 1980, as amended by off weight. (i) TCAS II that meets TSO C–119b
Amdt. 125–18, 58 FR 69629, Dec. 30, 1993; Amdt. (version 7.0), or a later version.
(ii) TCAS II that meets TSO C–119a
125–58, 74 FR 62696, Dec. 1, 2009] (version 6.04A Enhanced) that was
installed in that airplane before May
§ 125.223 Airborne weather radar 1, 2003. If that TCAS II version
equipment requirements. 6.04A Enhanced no longer can be
repaired to TSO C–119a standards,
(a) No person may operate an air- it must be replaced with a TCAS II
plane governed by this part in pas- that meets TSO C–119b (version
7.0), or a later version.
senger-carrying operations unless ap- (iii) A collision avoidance system equiv-
proved airborne weather radar equip- alent to TSO C–119b (version 7.0),
ment is installed in the airplane. or a later version, capable of coordi-
nating with units that meet TSO C–
(b) No person may begin a flight 119a (version 6.04A Enhanced), or a
under IFR or night VFR conditions later version.
when current weather reports indicate (b) Piston-powered (1) TCAS I that meets TSO C–118, or
airplane of more a later version, or
that thunderstorms, or other poten- than 33,000 (2) A collision avoidance system equiv-
tially hazardous weather conditions pounds maximum alent to TSO C–118, or a later
that can be detected with airborne certificated take- version, or
off weight. (1)(3) A collision avoidance system and
weather radar equipment, may reason- Mode S transponder that meet para-
ably be expected along the route to be graph (a)(1) of this section.
flown, unless the airborne weather
radar equipment required by paragraph [Doc. No. FAA–2001–10910, 68 FR 15903, Apr. 1,
(a) of this section is in satisfactory op- 2003]
erating condition.
(c) If the airborne weather radar § 125.225 Flight data recorders.
equipment becomes inoperative en (a) Except as provided in paragraph
route, the airplane must be operated (d) of this section, after October 11,
under the instructions and procedures 1991, no person may operate a large air-
specified for that event in the manual plane type certificated before October
required by § 125.71. 1, 1969, for operations above 25,000 feet
(d) This section does not apply to air- altitude, nor a multiengine, turbine
planes used solely within the State of powered airplane type certificated be-
Hawaii, within the State of Alaska, fore October 1, 1969, unless it is
within that part of Canada west of lon- equipped with one or more approved
flight recorders that utilize a digital
gitude 130 degrees W, between latitude
method of recording and storing data
70 degrees N, and latitude 53 degrees N,
and a method of readily retrieving that
or during any training, test, or ferry data from the storage medium. The fol-
flight. lowing information must be able to be
(e) Without regard to any other pro- determined within the ranges, accura-
vision of this part, an alternate elec- cies, resolution, and recording inter-
trical power supply is not required for vals specified in appendix D of this
airborne weather radar equipment. part:
(1) Time;
§ 125.224 Collision avoidance system. (2) Altitude;
Effective January 1, 2005, any air- (3) Airspeed;
plane you operate under this part 125 (4) Vertical acceleration;
must be equipped and operated accord- (5) Heading;
lpowell on DSK54DXVN1OFR with $$_JOB

ing to the following table: (6) Time of each radio transmission


to or from air traffic control;
(7) Pitch attitude;

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§ 125.225 14 CFR Ch. I (1–1–16 Edition)

(8) Roll attitude; the ranges, accuracies, resolutions, and


(9) Longitudinal acceleration; sampling intervals specified.
(10) Control column or pitch control (d) No person may operate under this
surface position; and part an airplane that is manufactured
(11) Thrust of each engine. after October 11, 1991, unless it is
(b) Except as provided in paragraph equipped with one or more approved
(d) of this section, after October 11, flight recorders that utilize a digital
1991, no person may operate a large air- method of recording and storing data
plane type certificated after September and a method of readily retrieving that
30, 1969, for operations above 25,000 feet data from the storage medium. The pa-
altitude, nor a multiengine, turbine rameters specified in appendix D of
powered airplane type certificated this part must be recorded within the
after September 30, 1969, unless it is ranges, accuracies, resolutions and
equipped with one or more approved sampling intervals specified. For the
flight recorders that utilize a digital purpose of this section, ‘‘manufac-
method of recording and storing data tured’’ means the point in time at
and a method of readily retrieving that which the airplane inspection accept-
data from the storage medium. The fol- ance records reflect that the airplane is
lowing information must be able to be complete and meets the FAA-approved
determined within the ranges, accura- type design data.
cies, resolutions, and recording inter- (e) Whenever a flight recorder re-
vals specified in appendix D of this quired by this section is installed, it
part:
must be operated continuously from
(1) Time;
the instant the airplane begins the
(2) Altitude;
takeoff roll until it has completed the
(3) Airspeed;
landing roll at an airport.
(4) Vertical acceleration;
(5) Heading; (f) Except as provided in paragraph
(6) Time of each radio transmission (g) of this section, and except for re-
either to or from air traffic control; corded data erased as authorized in
(7) Pitch attitude; this paragraph, each certificate holder
(8) Roll attitude; shall keep the recorded data prescribed
(9) Longitudinal acceleration; in paragraph (a), (b), (c), or (d) of this
(10) Pitch trim position; section, as applicable, until the air-
(11) Control column or pitch control plane has been operated for at least 25
surface position; hours of the operating time specified in
(12) Control wheel or lateral control § 125.227(a) of this chapter. A total of 1
surface position; hour of recorded data may be erased for
(13) Rudder pedal or yaw control sur- the purpose of testing the flight re-
face position; corder or the flight recorder system.
(14) Thrust of each engine; Any erasure made in accordance with
(15) Position of each trust reverser; this paragraph must be of the oldest re-
(16) Trailing edge flap or cockpit flap corded data accumulated at the time of
control position; and testing. Except as provided in para-
(17) Leading edge flap or cockpit flap graph (g) of this section, no record need
control position. be kept more than 60 days.
(c) After October 11, 1991, no person (g) In the event of an accident or oc-
may operate a large airplane equipped currence that requires immediate noti-
with a digital data bus and ARINC 717 fication of the National Transportation
digital flight data acquisition unit Safety Board under 49 CFR part 830 and
(DFDAU) or equivalent unless it is that results in termination of the
equipped with one or more approved flight, the certificate holder shall re-
flight recorders that utilize a digital move the recording media from the air-
method of recording and storing data plane and keep the recorded data re-
and a method of readily retrieving that quired by paragraph (a), (b), (c), or (d)
data from the storage medium. Any pa- of this section, as applicable, for at
lpowell on DSK54DXVN1OFR with $$_JOB

rameters specified in appendix D of least 60 days or for a longer period


this part that are available on the dig- upon the request of the Board or the
ital data bus must be recorded within Administrator.

336

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Federal Aviation Administration, DOT § 125.226

(h) Each flight recorder required by (4) Heading—primary flight crew ref-
this section must be installed in ac- erence (if selectable, record discrete,
cordance with the requirements of true or magnetic);
§ 25.1459 of this chapter in effect on Au- (5) Normal acceleration (Vertical);
gust 31, 1977. The correlation required (6) Pitch attitude;
by § 25.1459(c) of this chapter need be (7) Roll attitude;
established only on one airplane of any (8) Manual radio transmitter keying,
group of airplanes. or CVR/DFDR synchronization ref-
(1) That are of the same type; erence;
(2) On which the flight recorder mod- (9) Thrust/power of each engine—pri-
els and their installations are the mary flight crew reference;
same; and (10) Autopilot engagement status;
(3) On which there are no differences (11) Longitudinal acceleration;
in the type design with respect to the (12) Pitch control input;
installation of the first pilot’s instru- (13) Lateral control input;
ments associated with the flight re- (14) Rudder pedal input;
corder. The most recent instrument (15) Primary pitch control surface po-
calibration, including the recording sition;
medium from which this calibration is (16) Primary lateral control surface
derived, and the recorder correlation position;
must be retained by the certificate (17) Primary yaw control surface po-
holder. sition;
(i) Each flight recorder required by (18) Lateral acceleration;
this section that records the data spec- (19) Pitch trim surface position or pa-
ified in paragraphs (a), (b), (c), or (d) of rameters of paragraph (a)(82) of this
this section must have an approved de- section if currently recorded;
vice to assist in locating that recorder (20) Trailing edge flap or cockpit flap
under water. control selection (except when param-
(j) After August 20, 2001, this section eters of paragraph (a)(85) of this sec-
applies only to the airplane models tion apply);
listed in § 125.226(l)(2). All other air- (21) Leading edge flap or cockpit flap
planes must comply with the require- control selection (except when param-
ments of § 125.226. eters of paragraph (a)(86) of this sec-
tion apply);
[Doc. No. 25530, 53 FR 26148, July 11, 1988; 53 (22) Each Thrust reverser position (or
FR 30906, Aug. 16, 1988; Amdt. 125–54, 73 FR equivalent for propeller airplane);
12568, Mar. 7, 2008] (23) Ground spoiler position or speed
brake selection (except when param-
§ 125.226 Digital flight data recorders.
eters of paragraph (a)(87) of this sec-
(a) Except as provided in paragraph tion apply);
(l) of this section, no person may oper- (24) Outside or total air temperature;
ate under this part a turbine-engine- (25) Automatic Flight Control Sys-
powered transport category airplane tem (AFCS) modes and engagement
unless it is equipped with one or more status, including autothrottle;
approved flight recorders that use a (26) Radio altitude (when an informa-
digital method of recording and storing tion source is installed);
data and a method of readily retrieving (27) Localizer deviation, MLS Azi-
that data from the storage medium. muth;
The operational parameters required to (28) Glideslope deviation, MLS Ele-
be recorded by digital flight data re- vation;
corders required by this section are as (29) Marker beacon passage;
follows: the phrase ‘‘when an informa- (30) Master warning;
tion source is installed’’ following a pa- (31) Air/ground sensor (primary air-
rameter indicates that recording of plane system reference nose or main
that parameter is not intended to re- gear);
quire a change in installed equipment: (32) Angle of attack (when informa-
lpowell on DSK54DXVN1OFR with $$_JOB

(1) Time; tion source is installed);


(2) Pressure altitude; (33) Hydraulic pressure low (each sys-
(3) Indicated airspeed; tem);

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§ 125.226 14 CFR Ch. I (1–1–16 Edition)

(34) Ground speed (when an informa- (63) Engine warning each engine over
tion source is installed); temp. (when an information source is
(35) Ground proximity warning sys- installed);
tem; (64) Engine warning each engine oil
(36) Landing gear position or landing pressure low (when an information
gear cockpit control selection; source is installed);
(37) Drift angle (when an information (65) Engine warning each engine over
source is installed); speed (when an information source is
(38) Wind speed and direction (when installed);
an information source is installed); (66) Yaw trim surface position;
(39) Latitude and longitude (when an (67) Roll trim surface position;
information source is installed); (68) Brake pressure (selected system);
(69) Brake pedal application (left and
(40) Stick shaker/pusher (when an in-
right);
formation source is installed);
(70) Yaw of sideslip angle (when an
(41) Windshear (when an information
information source is installed);
source is installed);
(71) Engine bleed valve position
(42) Throttle/power lever position; (when an information source is in-
(43) Additional engine parameters (as stalled);
designed in appendix E of this part); (72) De-icing or anti-icing system se-
(44) Traffic alert and collision avoid- lection (when an information source is
ance system; installed);
(45) DME 1 and 2 distances; (73) Computed center of gravity
(46) Nav 1 and 2 selected frequency; (when an information source is in-
(47) Selected barometric setting stalled);
(when an information source is in- (74) AC electrical bus status;
stalled); (75) DC electrical bus status;
(48) Selected altitude (when an infor- (76) APU bleed valve position (when
mation source is installed); an information source is installed);
(49) Selected speed (when an informa- (77) Hydraulic pressure (each sys-
tion source is installed); tem);
(50) Selected mach (when an informa- (78) Loss of cabin pressure;
tion source is installed); (79) Computer failure;
(51) Selected vertical speed (when an (80) Heads-up display (when an infor-
information source is installed); mation source is installed);
(52) Selected heading (when an infor- (81) Para-visual display (when an in-
mation source is installed); formation source is installed);
(53) Selected flight path (when an in- (82) Cockpit trim control input posi-
formation source is installed); tion-pitch;
(83) Cockpit trim control input posi-
(54) Selected decision height (when
tion—roll;
an information source is installed);
(84) Cockpit trim control input posi-
(55) EFIS display format;
tion—yaw;
(56) Multi-function/engine/alerts dis- (85) Trailing edge flap and cockpit
play format; flap control position;
(57) Thrust command (when an infor- (86) Leading edge flap and cockpit
mation source is installed); flap control position;
(58) Thrust target (when an informa- (87) Ground spoiler position and speed
tion source is installed); brake selection;
(59) Fuel quantity in CG trim tank (88) All cockpit flight control input
(when an information source is in- forces (control wheel, control column,
stalled); rudder pedal);
(60) Primary Navigation System Ref- (89) Yaw damper status;
erence; (90) Yaw damper command; and
(61) Icing (when an information (91) Standby rudder valve status.
source is installed); (b) For all turbine-engine powered
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(62) Engine warning each engine vi- transport category airplanes manufac-
bration (when an information source is tured on or before October 11, 1991, by
installed); August 20, 2001—

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Federal Aviation Administration, DOT § 125.226

(1) For airplanes not equipped as of are connected to the recording system
July 16, 1996, with a flight data acquisi- must be recorded within the ranges, ac-
tion unit (FDAU), the parameters list- curacies, resolutions, and sampling in-
ed in paragraphs (a)(1) through (a)(18) tervals specified in Appendix E of this
of this section must be recorded within part by August 20, 2001.
the ranges and accuracies specified in (3) That were subject to § 125.225(e) of
Appendix D of this part, and— this part, all conditions of § 125.225(c)
(i) For airplanes with more than two must continue to be met until compli-
engines, the parameter described in ance with paragraph (c)(1) of this sec-
paragraph (a)(18) is not required unless tion is accomplished.
sufficient capacity is available on the (d) For all turbine-engine-powered
existing recorder to record that param- transport category airplanes that were
eter. manufactured after October 11, 1991—
(ii) Parameters listed in paragraphs (1) The parameters listed in para-
(a)(12) through (a)(17) each may be re- graphs (a)(1) through (a)(34) of this sec-
corded from a single source. tion must be recorded within the
(2) For airplanes that were equipped ranges, accuracies, resolutions, and re-
as of July 16, 1996, with a flight data cording intervals specified in Appendix
acquisition unit (FDAU), the param- E of this part by August 20, 2001.
eters listed in paragraphs (a)(1) Paramaters listed in paragraphs (a)(12)
through (a)(22) of this section must be
through (a)(14) each may be recorded
recorded within the ranges, accuracies,
from a single source.
and recording intervals specified in Ap-
(2) Commensurate with the capacity
pendix E of this part. Parameters listed
of the recording system, all additional
in paragraphs (a)(12) through (a)(17)
parameters for which information
each may be recorded from a single
sources are installed and which are
source.
connected to the recording system,
(3) The approved flight recorder re-
must be recorded within the ranges, ac-
quired by this section must be installed
curacies, resolutions, and sampling in-
at the earliest time practicable, but no
tervals specified in Appendix E of this
later than the next heavy maintenance
part by August 20, 2001.
check after August 18, 1999 and no later
than August 20, 2001. A heavy mainte- (e) For all turbine-engine-powered
nance check is considered to be any transport category airplanes that are
time an airplane is scheduled to be out manufactured after August 18, 2000—
of service for 4 or more days and is (1) The parameters listed in para-
scheduled to include access to major graph (a) (1) through (57) of this section
structural components. must be recorded within the ranges, ac-
(c) For all turbine-engine-powered curacies, resolutions, and recording in-
transport category airplanes manufac- tervals specified in Appendix E of this
tured on or before October 11, 1991— part.
(1) That were equipped as of July 16, (2) Commensurate with the capacity
1996, with one or more digital data of the recording system, all additional
bus(es) and an ARINC 717 digital flight parameters for which information
data acquisition unit (DFDAU) or sources are installed and which are
equivalent, the parameters specified in connected to the recording system,
paragraphs (a)(1) through (a)(22) of this must be recorded within the ranges, ac-
section must be recorded within the curacies, resolutions, and sampling in-
ranges, accuracies, resolutions, and tervals specified in Appendix E of this
sampling intervals specified in Appen- part.
dix E of this part by August 20, 2001. (3) In addition to the requirements of
Parameters listed in paragraphs (a)(12) paragraphs (e)(1) and (e)(2) of this sec-
through (a)(14) each may be recorded tion, all Boeing 737 model airplanes
from a single source. must also comply with the require-
(2) Commensurate with the capacity ments of paragraph (n) of this section,
of the recording system (DFDAU or as applicable.
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equivalent and the DFDR), all addi- (f) For all turbine-engine-powered
tional parameters for which informa- transport category airplanes manufac-
tion sources are installed and which tured after August 19, 2002—

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§ 125.226 14 CFR Ch. I (1–1–16 Edition)

(1) The parameters listed in para- rately establish the conversion from
graphs (a)(1) through (a)(88) of this sec- the recorded values to engineering
tion must be recorded within the units or discrete state over the full op-
ranges, accuracies, resolutions, and re- erating range of the parameter. Except
cording intervals specified in Appendix for airplanes having separate altitude
E to this part. and airspeed sensors that are an inte-
(2) In addition to the requirements of gral part of the flight data recorder
paragraphs (f)(1) of this section, all system, a single correlation may be es-
Boeing 737 model airplanes must also tablished for any group of airplanes—
comply with the requirements of para- (1) That are of the same type;
graph (n) of this section. (2) On which the flight recorder sys-
(g) Whenever a flight data recorder tem and its installation are the same;
required by this section is installed, it and
must be operated continuously from (3) On which there is no difference in
the instant the airplane begins its the type design with respect to the in-
takeoff roll until it has completed its stallation of those sensors associated
landing roll. with the flight data recorder system.
(h) Except as provided in paragraph Documentation sufficient to convert
(i) of this section, and except for re- recorded data into the engineering
corded data erased as authorized in units and discrete values specified in
this paragraph, each certificate holder
the applicable appendix must be main-
shall keep the recorded data prescribed
tained by the certificate holder.
by this section, as appropriate, until
(k) Each flight data recorder required
the airplane has been operated for at
least 25 hours of the operating time by this section must have an approved
specified in § 121.359(a) of this part. A device to assist in locating that re-
total of 1 hour of recorded data may be corder under water.
erased for the purpose of testing the (l) The following airplanes that were
flight recorder or the flight recorder manufactured before August 18, 1997
system. Any erasure made in accord- need not comply with this section, but
ance with this paragraph must be of must continue to comply with applica-
the oldest recorded data accumulated ble paragraphs of § 125.225 of this chap-
at the time of testing. Except as pro- ter, as appropriate:
vided in paragraph (i) of this section, (1) Airplanes that meet the Stage 2
no record need to be kept more than 60 noise levels of part 36 of this chapter
days. and are subject to § 91.801(c) of this
(i) In the event of an accident or oc- chapter, until January 1, 2000. On and
currence that requires immediate noti- after January 1, 2000, any Stage 2 air-
fication of the National Transportation plane otherwise allowed to be operated
Safety Board under 49 CFR 830 of its under Part 91 of this chapter must
regulations and that results in termi- comply with the applicable flight data
nation of the flight, the certificate recorder requirements of this section
holder shall remove the recorder from for that airplane.
the airplane and keep the recorder data (2) British Aerospace 1–11, General
prescribed by this section, as appro- Dynamics Convair 580, General Dynam-
priate, for at least 60 days or for a ics Convair 600, General Dynamics
longer period upon the request of the Convair 640, deHavilland Aircraft Com-
Board or the Administrator. pany Ltd. DHC–7, Fairchild Industries
(j) Each flight data recorder system FH 227, Fokker F–27 (except Mark 50),
required by this section must be in- F–28 Mark 1000 and Mark 4000, Gulf-
stalled in accordance with the require- stream Aerospace G–159, Jetstream 4100
ments of § 25.1459(a) (except paragraphs Series, Lockheed Aircraft Corporation
(a)(3)(ii) and (7)), (b), (d) and (e) of this Electra 10–A, Lockheed Aircraft Cor-
chapter. A correlation must be estab- poration Electra 10–B, Lockheed Air-
lished between the values recorded by craft Corporation Electra 10–E, Lock-
the flight data recorder and the cor- heed Aircraft Corporation Electra L–
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responding values being measured. The 188, Lockheed Martin Model 382 (L–100)
correlation must contain a sufficient Hercules, Maryland Air Industries, Inc.
number of correlation points to accu- F27, Mitsubishi Heavy Industries, Ltd.

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Federal Aviation Administration, DOT § 125.227

YS–11, Short Bros. Limited SD3–30, (1) The requirements of part 25 of this
Short Bros. Limited SD3–60. chapter in effect after October 11, 1991.
(m) All aircraft subject to the re- (2) After September 1, 1980, each re-
quirements of this section that are corder container must—
manufactured on or after April 7, 2010, (i) Be either bright orange or bright
must have a flight data recorder in- yellow;
stalled that also— (ii) Have reflective tape affixed to the
(1) Meets the requirements in external surface to facilitate its loca-
§ 25.1459(a)(3), (a)(7), and (a)(8) of this tion under water; and
chapter; and (iii) Have an approved underwater lo-
(2) Retains the 25 hours of recorded cating device on or adjacent to the con-
information required in paragraph (f) tainer which is secured in such a man-
of this section using a recorder that ner that it is not likely to be separated
meets the standards of TSO–C124a, or during crash impact, unless the cockpit
later revision. voice recorder and the flight recorder,
(n) In addition to all other applicable required by § 125.225 of this chapter, are
requirements of this section, all Boeing installed adjacent to each other in such
737 model airplanes manufactured after a manner that they are not likely to be
August 18, 2000 must record the param- separated during crash impact.
eters listed in paragraphs (a)(88) (d) In complying with this section, an
through (a)(91) of this section within approved cockpit voice recorder having
the ranges, accuracies, resolutions, and an erasure feature may be used so that,
recording intervals specified in Appen- at any time during the operation of the
dix E to this part. Compliance with recorder, information recorded more
this paragraph is required no later than 30 minutes earlier may be erased
than February 2, 2011. or otherwise obliterated.
[Doc. No. 28109, 62 FR 38387, July 17, 1997; 62 (e) For those aircraft equipped to
FR 48135, Sept. 12, 1997, as amended by Amdt. record the uninterrupted audio signals
125–42, 68 FR 42937, July 18, 2003; 68 FR 50069, received by a boom or a mask micro-
Aug. 20, 2003; Amdt. 125–54, 73 FR 12568, Mar. phone the flight crewmembers are re-
7, 2008; Amdt. 125–56, 73 FR 73179, Dec. 2, 2008; quired to use the boom microphone
Amdt. 125–54, 74 FR 32801, 32804, July 9, 2009] below 18,000 feet mean sea level. No
person may operate a large turbine en-
§ 125.227 Cockpit voice recorders. gine powered airplane or a large pres-
(a) No certificate holder may operate surized airplane with four recipro-
a large turbine engine powered airplane cating engines manufactured after Oc-
or a large pressurized airplane with tober 11, 1991, or on which a cockpit
four reciprocating engines unless an voice recorder has been installed after
approved cockpit voice recorder is in- October 11, 1991, unless it is equipped to
stalled in that airplane and is operated record the uninterrupted audio signal
continuously from the start of the use received by a boom or mask micro-
of the checklist (before starting en- phone in accordance with § 25.1457(c)(5)
gines for the purpose of flight) to com- of this chapter.
pletion of the final checklist at the ter- (f) In the event of an accident or oc-
mination of the flight. currence requiring immediate notifica-
(b) Each certificate holder shall es- tion of the National Transportation
tablish a schedule for completion, be- Safety Board under 49 CFR part 830 of
fore the prescribed dates, of the cock- its regulations, which results in the
pit voice recorder installations re- termination of the flight, the certifi-
quired by paragraph (a) of this section. cate holder shall keep the recorded in-
In addition, the certificate holder shall formation for at least 60 days or, if re-
identify any airplane specified in para- quested by the Administrator or the
graph (a) of this section he intends to Board, for a longer period. Information
discontinue using before the prescribed obtained from the record is used to as-
dates. sist in determining the cause of acci-
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(c) The cockpit voice recorder re- dents or occurrences in connection


quired by this section must also meet with investigations under 49 CFR part
the following standards: 830. The Administrator does not use the

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§ 125.228 14 CFR Ch. I (1–1–16 Edition)

record in any civil penalty or certifi- changed in any way, other than
cate action. changes necessary to:
(g) By April 7, 2012, all turbine en- (1) Accomplish analog to digital con-
gine-powered airplanes subject to this version of the signal;
section that are manufactured before (2) Format a digital signal to be
April 7, 2010, must have a cockpit voice DFDR compatible; or
recorder installed that also— (3) Eliminate a high frequency com-
(1) Meets the requirements of ponent of a signal that is outside the
§ 25.1457(a)(3), (a)(4), (a)(5), and (d)(6) of operational bandwidth of the sensor.
this chapter; (b) An original sensor signal for any
(2) Retains at least the last 2 hours of flight recorder parameter required to
recorded information using a recorder be recorded under § 125.226 may be fil-
that meets the standards of TSO–C123a, tered only if the recorded signal value
or later revision; and continues to meet the requirements of
(3) Is operated continuously from the Appendix D or E of this part, as appli-
start of the use of the checklist (before cable.
starting the engines for the purpose of (c) For a parameter described in
flight), to the completion of the final § 125.226(a) (12) through (17), (42), or (88),
checklist at the termination of the or the corresponding parameter in Ap-
flight. pendix D of this part, if the recorded
(h) All turbine engine-powered air- signal value is filtered and does not
planes subject to this section that are meet the requirements of Appendix D
manufactured on or after April 7, 2010, or E of this part, as applicable, the cer-
must have a cockpit voice recorder in- tificate holder must:
stalled that also— (1) Remove the filtering and ensure
(1) Is installed in accordance with the that the recorded signal value meets
requirements of § 25.1457 (except for the requirements of Appendix D or E of
paragraph (a)(6)) of this chapter; this part, as applicable; or
(2) Retains at least the last 2 hours of (2) Demonstrate by test and analysis
recorded information using a recorder that the original sensor signal value
that meets the standards of TSO–C123a, can be reconstructed from the recorded
or later revision; and data. This demonstration requires
(3) Is operated continuously from the that:
start of the use of the checklist (before (i) The FAA determine that the pro-
starting the engines for the purpose of cedure and the test results submitted
flight), to the completion of the final by the certificate holder as its compli-
checklist at the termination of the ance with paragraph (c)(2) of this sec-
flight. tion are repeatable; and
(4) For all airplanes manufactured on (ii) The certificate holder maintains
or after December 6, 2010, also meets documentation of the procedure re-
the requirements of § 25.1457(a)(6) of quired to reconstruct the original sen-
this chapter. sor signal value. This documentation is
(i) All airplanes required by this part also subject to the requirements of
to have a cockpit voice recorder and a § 125.226(i).
flight data recorder, that install (d) Compliance. Compliance is re-
datalink communication equipment on quired as follows:
or after December 6, 2010, must record (1) No later than October 20, 2011,
all datalink messages as required by each operator must determine, for each
the certification rule applicable to the airplane it operates, whether the air-
airplane. plane’s DFDR system is filtering any of
[Doc. No. 25530, 53 FR 26149, July 11, 1988, as the parameters listed in paragraph (c)
amended by Amdt. 125–54, 73 FR 12568, Mar. 7, of this section. The operator must cre-
2008; Amdt. 125–54, 74 FR 32801, July 9, 2009; ate a record of this determination for
Amdt. 125–60, 75 FR 17046; Apr. 5, 2010] each airplane it operates, and maintain
it as part of the correlation docu-
§ 125.228 Flight data recorders: fil- mentation required by § 125.226(j)(3) of
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tered data. this part.


(a) A flight data signal is filtered (2) For airplanes that are not fil-
when an original sensor signal has been tering any listed parameter, no further

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Federal Aviation Administration, DOT § 125.247

action is required unless the airplane’s (3) The scheduling and performance
DFDR system is modified in a manner of inspections required by this part;
that would cause it to meet the defini- and
tion of filtering on any listed param- (4) Ensuring that maintenance per-
eter. sonnel make entries in the airplane
(3) For airplanes found to be filtering maintenance log and maintenance
a parameter listed in paragraph (c) of records which meet the requirements
this section, the operator must either: of part 43 of this chapter and the cer-
(i) No later than April 21, 2014, re- tificate holder’s manual, and which in-
move the filtering; or dicate that the airplane has been ap-
(ii) No later than April 22, 2013, sub- proved for return to service after main-
mit the necessary procedure and test tenance, preventive maintenance, or
results required by paragraph (c)(2) of alteration has been performed.
this section.
(4) After April 21, 2014, no aircraft § 125.245 Organization required to per-
form maintenance, preventive
flight data recording system may filter maintenance, and alteration.
any parameter listed in paragraph (c)
of this section that does not meet the The certificate holder must ensure
requirements of Appendix D or E of that each person with whom it ar-
this part, unless the certificate holder ranges for the performance of mainte-
possesses test and analysis procedures nance, preventive maintenance, alter-
and the test results that have been ap- ation, or required inspection items
proved by the FAA. All records of identified in the certificate holder’s
tests, analysis and procedures used to manual in accordance with
comply with this section must be § 125.249(a)(3)(ii) must have an organiza-
maintained as part of the correlation tion adequate to perform that work.
documentation required by
§ 125.226(j)(3) of this part. § 125.247 Inspection programs and
maintenance.
[Doc. No. FAA–2006–26135, 75 FR 7356, Feb. 19,
(a) No person may operate an air-
2010]
plane subject to this part unless
(1) The replacement times for life-
Subpart G—Maintenance limited parts specified in the aircraft
type certificate data sheets, or other
§ 125.241 Applicability. documents approved by the Adminis-
This subpart prescribes rules, in addi- trator, are complied with;
tion to those prescribed in other parts (2) Defects disclosed between inspec-
of this chapter, for the maintenance of tions, or as a result of inspection, have
airplanes, airframes, aircraft engines, been corrected in accordance with part
propellers, appliances, each item of 43 of this chapter; and
survival and emergency equipment, (3) The airplane, including airframe,
and their component parts operated aircraft engines, propellers, appliances,
under this part. and survival and emergency equip-
ment, and their component parts, is in-
§ 125.243 Certificate holder’s respon- spected in accordance with an inspec-
sibilities. tion program approved by the Adminis-
(a) With regard to airplanes, includ- trator.
ing airframes, aircraft engines, propel- (b) The inspection program specified
lers, appliances, and survival and emer- in paragraph (a)(3) of this section must
gency equipment, operated by a certifi- include at least the following:
cate holder, that certificate holder is (1) Instructions, procedures, and
primarily responsible for— standards for the conduct of inspec-
(1) Airworthiness; tions for the particular make and
(2) The performance of maintenance, model of airplane, including necessary
preventive maintenance, and alter- tests and checks. The instructions and
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ation in accordance with applicable procedures must set forth in detail the
regulations and the certificate holder’s parts and areas of the airframe, air-
manual; craft engines, propellers, appliances,

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§ 125.248 14 CFR Ch. I (1–1–16 Edition)

and survival and emergency equipment part. The list shall include the persons’
required to be inspected. names and addresses.
(2) A schedule for the performance of (3) The inspection programs required
inspections that must be performed by § 125.247 of this part to be followed in
under the program, expressed in terms the performance of inspections under
of the time in service, calendar time, this part including—
number of system operations, or any (i) The method of performing routine
combination of these. and nonroutine inspections (other than
(c) No person may be used to perform required inspections);
the inspections required by this part (ii) The designation of the items that
unless that person is authorized to per- must be inspected (required inspec-
form maintenance under part 43 of this tions), including at least those which if
chapter. improperly accomplished could result
(d) No person may operate an air- in a failure, malfunction, or defect en-
plane subject to this part unless— dangering the safe operation of the air-
(1) The installed engines have been plane;
maintained in accordance with the (iii) The method of performing re-
overhaul periods recommended by the quired inspections;
manufacturer or a program approved (iv) Procedures for the inspection of
by the Administrator; and work performed under previously re-
(2) The engine overhaul periods are quired inspection findings (‘‘buy-back
specified in the inspection programs re- procedures’’);
quired by § 125.247(a)(3). (v) Procedures, standards, and limits
(e) Inspection programs which may necessary for required inspections and
be approved for use under this part in- acceptance or rejection of the items re-
clude, but are not limited to— quired to be inspected;
(vi) Instructions to prevent any per-
(1) A continuous inspection program
son who performs any item of work
which is a part of a current continuous
from performing any required inspec-
airworthiness program approved for
tion of that work; and
use by a certificate holder under part
(vii) Procedures to ensure that work
121 or part 135 of this chapter;
interruptions do not adversely affect
(2) Inspection programs currently
required inspections and to ensure re-
recommended by the manufacturer of
quired inspections are properly com-
the airplane, aircraft engines, propel-
pleted before the airplane is released to
lers, appliances, or survival and emer-
service.
gency equipment; or
(b) In addition, each certificate hold-
(3) An inspection program developed er’s manual shall contain a suitable
by a certificate holder under this part. system which may include a coded sys-
[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as tem that provides for the retention of
amended by Amdt. 125–2, 46 FR 24409, Apr. 30, the following:
1981] (1) A description (or reference to data
acceptable to the Administrator) of the
§ 125.248 [Reserved] work performed.
(2) The name of the person per-
§ 125.249 Maintenance manual require- forming the work and the person’s cer-
ments.
tificate type and number.
(a) Each certificate holder’s manual (3) The name of the person approving
required by § 125.71 of this part shall the work and the person’s certificate
contain, in addition to the items re- type and number.
quired by § 125.73 of this part, at least
the following: § 125.251 Required inspection per-
(1) A description of the certificate sonnel.
holders maintenance organization, (a) No person may use any person to
when the certificate holder has such an perform required inspections unless the
organization. person performing the inspection is ap-
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(2) A list of those persons with whom propriately certificated, properly


the certificate holder has arranged for trained, qualified, and authorized to do
performance of inspections under this so.

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Federal Aviation Administration, DOT § 125.269

(b) No person may perform a required quired by the type certification re-
inspection if that person performed the quirements without a flight crew-
item of work required to be inspected. member holding a current flight engi-
neer certificate.
Subpart H—Airman and (b) No person may serve as a required
Crewmember Requirements flight engineer on an airplane unless,
within the preceding 6 calendar
§ 125.261 Airman: Limitations on use of months, that person has had at least 50
services. hours of flight time as a flight engineer
(a) No certificate holder may use any on that type airplane, or the Adminis-
person as an airman nor may any per- trator has checked that person on that
son serve as an airman unless that per- type airplane and determined that per-
son— son is familiar and competent with all
(1) Holds an appropriate current air- essential current information and oper-
man certificate issued by the FAA; ating procedures.
(2) Has any required appropriate cur-
rent airman and medical certificates in § 125.267 Flight navigator and long-
range navigation equipment.
that person’s possession while engaged
in operations under this part; and (a) No certificate holder may operate
(3) Is otherwise qualified for the oper- an airplane outside the 48
ation for which that person is to be conterminous States and the District
used. of Columbia when its position cannot
(b) Each airman covered by para- be reliably fixed for a period of more
graph (a) of this section shall present than 1 hour, without—
the certificates for inspection upon the (1) A flight crewmember who holds a
request of the Administrator. current flight navigator certificate; or
(2) Two independent, properly func-
§ 125.263 Composition of flightcrew. tioning, and approved long-range
(a) No certificate holder may operate means of navigation which enable a re-
an airplane with less than the min- liable determination to be made of the
imum flightcrew specified in the type position of the airplane by each pilot
certificate and the Airplane Flight seated at that person’s duty station.
Manual approved for that type airplane (b) Operations where a flight navi-
and required by this part for the kind gator or long-range navigation equip-
of operation being conducted. ment, or both, are required are speci-
(b) In any case in which this part re- fied in the operations specifications of
quires the performance of two or more the operator.
functions for which an airman certifi-
cate is necessary, that requirement is § 125.269 Flight attendants.
not satisfied by the performance of (a) Each certificate holder shall pro-
multiple functions at the same time by vide at least the following flight at-
one airman. tendants on each passenger-carrying
(c) On each flight requiring a flight airplane used:
engineer, at least one flight crew- (1) For airplanes having more than 19
member, other than the flight engi- but less than 51 passengers—one flight
neer, must be qualified to provide attendant.
emergency performance of the flight (2) For airplanes having more than 50
engineer’s functions for the safe com- but less than 101 passengers—two flight
pletion of the flight if the flight engi- attendants.
neer becomes ill or is otherwise inca- (3) For airplanes having more than
pacitated. A pilot need not hold a 100 passengers—two flight attendants
flight engineer’s certificate to perform plus one additional flight attendant for
the flight engineer’s functions in such each unit (or part of a unit) of 50 pas-
a situation. sengers above 100 passengers.
(b) The number of flight attendants
§ 125.265 Flight engineer require- approved under paragraphs (a) and (b)
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ments. of this section are set forth in the cer-


(a) No person may operate an air- tificate holder’s operations specifica-
plane for which a flight engineer is re- tions.

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§ 125.271 14 CFR Ch. I (1–1–16 Edition)

(c) During takeoff and landing, flight second in command of an airplane un-
attendants required by this section less that person—
shall be located as near as practicable (a) Holds at least a commercial pilot
to required floor level exits and shall certificate with appropriate category
be uniformly distributed throughout and class ratings, and an instrument
the airplane to provide the most effec- rating; and
tive egress of passengers in event of an (b) For flight under IFR, meets the
emergency evacuation. recent instrument experience require-
§ 125.271 Emergency and emergency ments prescribed for a pilot in com-
evacuation duties. mand in part 61 of this chapter.
(a) Each certificate holder shall, for § 125.285 Pilot qualifications: Recent
each type and model of airplane, assign experience.
to each category of required crew-
member, as appropriate, the necessary (a) No certificate holder may use any
functions to be performed in an emer- person, nor may any person serve, as a
gency or a situation requiring emer- required pilot flight crewmember un-
gency evacuation. The certificate hold- less within the preceding 90 calendar
er shall show those functions are real- days that person has made at least
istic, can be practically accomplished, three takeoffs and landings in the type
and will meet any reasonably antici- airplane in which that person is to
pated emergency, including the pos- serve. The takeoffs and landings re-
sible incapacitation of individual crew- quired by this paragraph may be per-
members or their inability to reach the formed in a flight simulator if the
passenger cabin because of shifting flight simulator is qualified and ap-
cargo in combination cargo-passenger proved by the Administrator for such
airplanes. purpose. However, any person who fails
(b) The certificate holder shall de- to qualify for a 90-consecutive-day pe-
scribe in its manual the functions of riod following the date of that person’s
each category of required crew- last qualification under this paragraph
members under paragraph (a) of this must reestablish recency of experience
section. as provided in paragraph (b) of this sec-
tion.
(b) A required pilot flight crew-
Subpart I—Flight Crewmember member who has not met the require-
Requirements ments of paragraph (a) of this section
§ 125.281 Pilot-in-command qualifica- may reestablish recency of experience
tions. by making at least three takeoffs and
landings under the supervision of an
No certificate holder may use any
authorized check airman, in accord-
person, nor may any person serve, as
ance with the following:
pilot in command of an airplane unless
that person— (1) At least one takeoff must be made
(a) Holds at least a commercial pilot with a simulated failure of the most
certificate, an appropriate category, critical powerplant.
class, and type rating, and an instru- (2) At least one landing must be made
ment rating; and from an ILS approach to the lowest
(b) Has had at least 1,200 hours of ILS minimums authorized for the cer-
flight time as a pilot, including 500 tificate holder.
hours of cross-country flight time, 100 (3) At least one landing must be made
hours of night flight time, including at to a complete stop.
least 10 night takeoffs and landings, (c) A required pilot flight crew-
and 75 hours of actual or simulated in- member who performs the maneuvers
strument flight time, at least 50 hours required by paragraph (b) of this sec-
of which were actual flight. tion in a qualified and approved flight
simulator, as prescribed in paragraph
§ 125.283 Second-in-command quali- (a) of this section, must—
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fications. (1) Have previously logged 100 hours


No certificate holder may use any of flight time in the same type airplane
person, nor may any person serve, as in which the pilot is to serve; and

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Federal Aviation Administration, DOT § 125.287

(2) Be observed on the first two land- (5) Air traffic control procedures, in-
ings made in operations under this part cluding IFR procedures when applica-
by an authorized check airman who ble;
acts as pilot in command and occupies (6) Meteorology in general, including
a pilot seat. The landings must be the principles of frontal systems, icing,
made in weather minimums that are fog, thunderstorms, and windshear,
not less than those contained in the and, if appropriate for the operation of
certificate holder’s operations speci- the certificate holder, high altitude
fications for Category I operations and weather;
must be made within 45 days following (7) Procedures for avoiding oper-
completion of simulator testing. ations in thunderstorms and hail, and
(d) An authorized check airman who for operating in turbulent air or in
observes the takeoffs and landings pre- icing conditions;
scribed in paragraphs (b) and (c)(3) of (8) New equipment, procedures, or
this section shall certify that the per- techniques, as appropriate;
son being observed is proficient and (9) Knowledge and procedures for op-
qualified to perform flight duty in op- erating during ground icing conditions,
erations under this part, and may re- (i.e., any time conditions are such that
quire any additional maneuvers that frost, ice, or snow may reasonably be
are determined necessary to make this expected to adhere to the airplane), if
certifying statement. the certificate holder expects to au-
[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as thorize takeoffs in ground icing condi-
amended by Amdt. 125–27, 61 FR 34561, July 2, tions, including:
1996] (i) The use of holdover times when
using deicing/anti-icing fluids.
§ 125.287 Initial and recurrent pilot (ii) Airplane deicing/anti-icing proce-
testing requirements. dures, including inspection and check
(a) No certificate holder may use any procedures and responsibilities.
person, nor may any person serve as a (iii) Communications.
pilot, unless, since the beginning of the (iv) Airplane surface contamination
12th calendar month before that serv- (i.e., adherence of frost, ice, or snow)
ice, that person has passed a written or and critical area identification, and
oral test, given by the Administrator knowledge of how contamination ad-
or an authorized check airman on that versely affects airplane performance
person’s knowledge in the following and flight characteristics.
areas— (v) Types and characteristics of deic-
(1) The appropriate provisions of ing/anti-icing fluids, if used by the cer-
parts 61, 91, and 125 of this chapter and tificate holder.
the operations specifications and the (vi) Cold weather preflight inspection
manual of the certificate holder; procedures.
(2) For each type of airplane to be (vii) Techniques for recognizing con-
flown by the pilot, the airplane power- tamination on the airplane.
plant, major components and systems, (b) No certificate holder may use any
major appliances, performance and op- person, nor may any person serve, as a
erating limitations, standard and pilot in any airplane unless, since the
emergency operating procedures, and beginning of the 12th calendar month
the contents of the approved Airplane before that service, that person has
Flight Manual or approved equivalent, passed a competency check given by
as applicable; the Administrator or an authorized
(3) For each type of airplane to be check airman in that type of airplane
flown by the pilot, the method of deter- to determine that person’s competence
mining compliance with weight and in practical skills and techniques in
balance limitations for takeoff, land- that airplane or type of airplane. The
ing, and en route operations; extent of the competency check shall
(4) Navigation and use of air naviga- be determined by the Administrator or
tion aids appropriate to the operation authorized check airman conducting
lpowell on DSK54DXVN1OFR with $$_JOB

of pilot authorization, including, when the competency check. The com-


applicable, instrument approach facili- petency check may include any of the
ties and procedures; maneuvers and procedures currently

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§ 125.289 14 CFR Ch. I (1–1–16 Edition)

required for the original issuance of need the assistance of another person
the particular pilot certificate required to move expeditiously to an exit in an
for the operations authorized and ap- emergency;
propriate to the category, class, and (d) Briefing of passengers;
type of airplane involved. For the pur- (e) Location and operation of port-
poses of this paragraph, type, as to an able fire extinguishers and other items
airplane, means any one of a group of of emergency equipment;
airplanes determined by the Adminis- (f) Proper use of cabin equipment and
trator to have a similar means of pro- controls;
pulsion, the same manufacturer, and (g) Location and operation of pas-
no significantly different handling or senger oxygen equipment;
flight characteristics.
(h) Location and operation of all nor-
(c) The instrument proficiency check
mal and emergency exits, including
required by § 125.291 may be substituted
for the competency check required by evacuation chutes and escape ropes;
this section for the type of airplane and
used in the check. (i) Seating of persons who may need
(d) For the purposes of this part, assistance of another person to move
competent performance of a procedure rapidly to an exit in an emergency as
or maneuver by a person to be used as prescribed by the certificate holder’s
a pilot requires that the pilot be the operations manual.
obvious master of the airplane with the
successful outcome of the maneuver § 125.291 Pilot in command: Instru-
ment proficiency check require-
never in doubt. ments.
(e) The Administrator or authorized
check airman certifies the competency (a) No certificate holder may use any
of each pilot who passes the knowledge person, nor may any person serve, as a
or flight check in the certificate hold- pilot in command of an airplane under
er’s pilot records. IFR unless, since the beginning of the
(f) Portions of a required competency sixth calendar month before that serv-
check may be given in an airplane sim- ice, that person has passed an instru-
ulator or other appropriate training de- ment proficiency check and the Admin-
vice, if approved by the Administrator. istrator or an authorized check airman
has so certified in a letter of com-
[45 FR 67235, Oct. 9, 1980, as amended by
Amdt. 125–18, 58 FR 69629, Dec. 30, 1993] petency.
(b) No pilot may use any type of pre-
§ 125.289 Initial and recurrent flight cision instrument approach procedure
attendant crewmember testing re- under IFR unless, since the beginning
quirements. of the sixth calendar month before that
No certificate holder may use any use, the pilot has satisfactorily dem-
person, nor may any person serve, as a onstrated that type of approach proce-
flight attendant crewmember, unless, dure and has been issued a letter of
since the beginning of the 12th cal- competency under paragraph (g) of this
endar month before that service, the section. No pilot may use any type of
certificate holder has determined by nonprecision approach procedure under
appropriate initial and recurrent test- IFR unless, since the beginning of the
ing that the person is knowledgeable sixth calendar month before that use,
and competent in the following areas the pilot has satisfactorily dem-
as appropriate to assigned duties and onstrated either that type of approach
responsibilities: procedure or any other two different
(a) Authority of the pilot in com- types of nonprecision approach proce-
mand; dures and has been issued a letter of
(b) Passenger handling, including competency under paragraph (g) of this
procedures to be followed in handling section. The instrument approach pro-
deranged persons or other persons cedure or procedures must include at
whose conduct might jeopardize safety; least one straight-in approach, one cir-
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(c) Crewmember assignments, func- cling approach, and one missed ap-
tions, and responsibilities during ditch- proach. Each type of approach proce-
ing and evacuation of persons who may dure demonstrated must be conducted

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Federal Aviation Administration, DOT § 125.296

to published minimums for that proce- § 125.293 Crewmember: Tests and


dure. checks, grace provisions, accepted
(c) The instrument proficiency check standards.
required by paragraph (a) of this sec- (a) If a crewmember who is required
tion consists of an oral or written to take a test or a flight check under
equipment test and a flight check this part completes the test or flight
under simulated or actual IFR condi- check in the calendar month before or
tions. The equipment test includes after the calendar month in which it is
questions on emergency procedures, en- required, that crewmember is consid-
gine operation, fuel and lubrication ered to have completed the test or
systems, power settings, stall speeds, check in the calendar month in which
best engine-out speed, propeller and su- it is required.
percharge operations, and hydraulic, (b) If a pilot being checked under this
mechanical, and electrical systems, as subpart fails any of the required ma-
appropriate. The flight check includes neuvers, the person giving the check
navigation by instruments, recovery may give additional training to the
from simulated emergencies, and pilot during the course of the check. In
standard instrument approaches in- addition to repeating the maneuvers
failed, the person giving the check may
volving navigational facilities which
require the pilot being checked to re-
that pilot is to be authorized to use.
peat any other maneuvers that are nec-
(1) For a pilot in command of an air- essary to determine the pilot’s pro-
plane, the instrument proficiency ficiency. If the pilot being checked is
check must include the procedures and unable to demonstrate satisfactory
maneuvers for a commercial pilot cer- performance to the person conducting
tificate with an instrument rating and, the check, the certificate holder may
if required, for the appropriate type not use the pilot, nor may the pilot
rating. serve, in the capacity for which the
(2) The instrument proficiency check pilot is being checked in operations
must be given by an authorized check under this part until the pilot has sat-
airman or by the Administrator. isfactorily completed the check.
(d) If the pilot in command is as-
signed to pilot only one type of air- § 125.295 Check airman authorization:
Application and issue.
plane, that pilot must take the instru-
ment proficiency check required by Each certificate holder desiring FAA
paragraph (a) of this section in that approval of a check airman shall sub-
type of airplane. mit a request in writing to the FAA
(e) If the pilot in command is as- Flight Standards district office
signed to pilot more than one type of charged with the overall inspection of
airplane, that pilot must take the in- the certificate holder. The Adminis-
strument proficiency check required by trator may issue a letter of authority
paragraph (a) of this section in each to each check airman if that airman
type of airplane to which that pilot is passes the appropriate oral and flight
assigned, in rotation, but not more test. The letter of authority lists the
than one flight check during each pe- tests and checks in this part that the
check airman is qualified to give, and
riod described in paragraph (a) of this
the category, class and type airplane,
section.
where appropriate, for which the check
(f) Portions of a required flight check airman is qualified.
may be given in an airplane simulator
or other appropriate training device, if § 125.296 Training, testing, and check-
approved by the Administrator. ing conducted by training centers:
(g) The Administrator or authorized Special rules.
check airman issues a letter of com- A crewmember who has successfully
petency to each pilot who passes the completed training, testing, or check-
instrument proficiency check. The let- ing in accordance with an approved
lpowell on DSK54DXVN1OFR with $$_JOB

ter of competency contains a list of the training program that meets the re-
types of instrument approach proce- quirements of this part and that is con-
dures and facilities authorized. ducted in accordance with an approved

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§ 125.297 14 CFR Ch. I (1–1–16 Edition)

course conducted by a training center in connection with the operation of the


certificated under part 142 of this chap- airplane;
ter, is considered to meet applicable re- (2) If the crewmember’s absence is in
quirements of this part. connection with physiological needs; or
(3) If the crewmember is taking a rest
[Doc. No. 26933, 61 FR 34561, July 2, 1996]
period and relief is provided—
§ 125.297 Approval of flight simulators (i) In the case of the assigned pilot in
and flight training devices. command, by a pilot qualified to act as
pilot in command.
(a) Flight simulators and flight
(ii) In the case of the assigned second
training devices approved by the Ad-
in command, by a pilot qualified to act
ministrator may be used in training,
as second in command of that airplane
testing, and checking required by this
during en route operations. However,
subpart.
the relief pilot need not meet the re-
(b) Each flight simulator and flight
cent experience requirements of
training device that is used in training,
§ 125.285.
testing, and checking required under
this subpart must be used in accord- § 125.313 Manipulation of controls
ance with an approved training course when carrying passengers.
conducted by a training center certifi-
No pilot in command may allow any
cated under part 142 of this chapter, or
person to manipulate the controls of an
meet the following requirements:
airplane while carrying passengers dur-
(1) It must be specifically approved
ing flight, nor may any person manipu-
for—
late the controls while carrying pas-
(i) The certificate holder;
sengers during flight, unless that per-
(ii) The type airplane and, if applica-
son is a qualified pilot of the certifi-
ble, the particular variation within
cate holder operating that airplane.
type for which the check is being con-
ducted; and § 125.315 Admission to flight deck.
(iii) The particular maneuver, proce-
dure, or crewmember function in- (a) No person may admit any person
volved. to the flight deck of an airplane unless
(2) It must maintain the perform- the person being admitted is—
ance, functional, and other characteris- (1) A crewmember;
tics that are required for approval. (2) An FAA inspector or an author-
ized representative of the National
(3) It must be modified to conform
Transportation Safety Board who is
with any modification to the airplane
performing official duties; or
being simulated that changes the per-
(3) Any person who has the permis-
formance, functional, or other charac-
sion of the pilot in command.
teristics required for approval.
(b) No person may admit any person
[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as to the flight deck unless there is a seat
amended by Amdt. 125–27, 61 FR 34561, July 2, available for the use of that person in
1996] the passenger compartment, except—
(1) An FAA inspector or an author-
Subpart J—Flight Operations ized representative of the Adminis-
trator or National Transportation
§ 125.311 Flight crewmembers at con- Safety Board who is checking or ob-
trols. serving flight operations; or
(a) Except as provided in paragraph (2) A certificated airman employed
(b) of this section, each required flight by the certificate holder whose duties
crewmember on flight deck duty must require an airman certificate.
remain at the assigned duty station
with seat belt fastened while the air- § 125.317 Inspector’s credentials: Ad-
plane is taking off or landing and while mission to pilots’ compartment: For-
it is en route. ward observer’s seat.
(b) A required flight crewmember (a) Whenever, in performing the du-
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may leave the assigned duty station— ties of conducting an inspection, an


(1) If the crewmember’s absence is FAA inspector presents an Aviation
necessary for the performance of duties Safety Inspector credential, FAA Form

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Federal Aviation Administration, DOT § 125.327

110A, to the pilot in command of an United States, upon return to the home
airplane operated by the certificate base.
holder, the inspector must be given
free and uninterrupted access to the § 125.321 Reporting potentially haz-
pilot compartment of that airplane. ardous meteorological conditions
and irregularities of ground and
However, this paragraph does not limit navigation facilities.
the emergency authority of the pilot in
command to exclude any person from Whenever the pilot in command en-
the pilot compartment in the interest counters a meteorological condition or
of safety. an irregularity in a ground facility or
(b) A forward observer’s seat on the navigation aid in flight, the knowledge
flight deck, or forward passenger seat of which the pilot in command con-
with headset or speaker, must be pro- siders essential to the safety of other
vided for use by the Administrator flights, the pilot in command shall no-
while conducting en route inspections. tify an appropriate ground station as
The suitability of the location of the soon as practicable.
seat and the headset or speaker for use [Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as
in conducting en route inspections is amended by Amdt. 125–52, 72 FR 31683, June
determined by the Administrator. 7, 2007]

§ 125.319 Emergencies. § 125.323 Reporting mechanical irreg-


(a) In an emergency situation that ularities.
requires immediate decision and ac- The pilot in command shall ensure
tion, the pilot in command may take that all mechanical irregularities oc-
any action considered necessary under curring during flight are entered in the
the circumstances. In such a case, the maintenance log of the airplane at the
pilot in command may deviate from next place of landing. Before each
prescribed operations, procedures and flight, the pilot in command shall as-
methods, weather minimums, and this certain the status of each irregularity
chapter, to the extent required in the entered in the log at the end of the pre-
interests of safety. ceding flight.
(b) In an emergency situation arising
during flight that requires immediate § 125.325 Instrument approach proce-
decision and action by appropriate dures and IFR landing minimums.
management personnel in the case of No person may make an instrument
operations conducted with a flight fol- approach at an airport except in ac-
lowing service and which is known to cordance with IFR weather minimums
them, those personnel shall advise the and unless the type of instrument ap-
pilot in command of the emergency, proach procedure to be used is listed in
shall ascertain the decision of the pilot the certificate holder’s operations
in command, and shall have the deci- specifications.
sion recorded. If they cannot commu-
nicate with the pilot, they shall de- § 125.327 Briefing of passengers before
clare an emergency and take any ac- flight.
tion that they consider necessary (a) Before each takeoff, each pilot in
under the circumstances. command of an airplane carrying pas-
(c) Whenever emergency authority is sengers shall ensure that all passengers
exercised, the pilot in command or the have been orally briefed on—
appropriate management personnel (1) Smoking. Each passenger shall be
shall keep the appropriate ground radio briefed on when, where, and under what
station fully informed of the progress conditions smoking is prohibited. This
of the flight. The person declaring the briefing shall include a statement that
emergency shall send a written report the Federal Aviation Regulations re-
of any deviation, through the opera- quire passenger compliance with the
tor’s director of operations, to the Ad- lighted passenger information signs,
ministrator within 10 days, exclusive of posted placards, areas designated for
lpowell on DSK54DXVN1OFR with $$_JOB

Saturdays, Sundays, and Federal holi- safety purposes as no smoking areas,


days, after the flight is completed or, and crewmember instructions with re-
in the case of operations outside the gard to these items.

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§ 125.328 14 CFR Ch. I (1–1–16 Edition)

(2) The use of safety belts, including in- be followed in the briefing required by
structions on how to fasten and unfasten paragraph (a) of this section.
the safety belts. Each passenger shall be (e) If the airplane does not proceed
briefed on when, where, and under what directly over water after takeoff, no
conditions the safety belt must be fas- part of the briefing required by para-
tened about him or her. This briefing graph (a)(6) of this section has to be
shall include a statement that the Fed- given before takeoff but the briefing
eral Aviation Regulations require pas- required by paragraph (a)(6) must be
senger compliance with lighted pas- given before reaching the overwater
senger information signs and crew- part of the flight.
member instructions concerning the
[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as
use of safety belts. amended by Amdt. 125–17, 57 FR 42675, Sept.
(3) The placement of seat backs in an 15, 1992]
upright position before takeoff and
landing; § 125.328 Prohibition on crew inter-
(4) Location and means for opening ference.
the passenger entry door and emer- No person may assault, threaten, in-
gency exits; timidate, or interfere with a crew-
(5) Location of survival equipment; member in the performance of the
(6) If the flight involves extended crewmember’s duties aboard an air-
overwater operation, ditching proce- craft being operated under this part.
dures and the use of required flotation
equipment; [Doc. No. FAA–1998–4954, 64 FR 1080, Jan. 7,
(7) If the flight involves operations 1999]
above 12,000 feet MSL, the normal and
emergency use of oxygen; and § 125.329 Minimum altitudes for use of
autopilot.
(8) Location and operation of fire ex-
tinguishers. (a) Definitions. For purpose of this
(b) Before each takeoff, the pilot in section—
command shall ensure that each person (1) Altitudes for takeoff/initial climb
who may need the assistance of an- and go-around/missed approach are de-
other person to move expeditiously to fined as above the airport elevation.
an exit if an emergency occurs and (2) Altitudes for enroute operations
that person’s attendant, if any, has re- are defined as above terrain elevation.
ceived a briefing as to the procedures (3) Altitudes for approach are defined
to be followed if an evacuation occurs. as above the touchdown zone elevation
This paragraph does not apply to a per- (TDZE), unless the altitude is specifi-
son who has been given a briefing be- cally in reference to DA (H) or MDA, in
fore a previous leg of a flight in the which case the altitude is defined by
same airplane. reference to the DA(H) or MDA itself.
(c) The oral briefing required by (b) Takeoff and initial climb. No person
paragraph (a) of this section shall be may use an autopilot for takeoff or ini-
given by the pilot in command or a tial climb below the higher of 500 feet
member of the crew. It shall be supple- or an altitude that is no lower than
mented by printed cards for the use of twice the altitude loss specified in the
each passenger containing— Airplane Flight Manual (AFM), except
(1) A diagram and method of oper- as follows—
ating the emergency exits; and (1) At a minimum engagement alti-
(2) Other instructions necessary for tude specified in the AFM; or
the use of emergency equipment on (2) At an altitude specified by the Ad-
board the airplane. ministrator, whichever is greater.
Each card used under this paragraph (c) Enroute. No person may use an
must be carried in the airplane in loca- autopilot enroute, including climb and
tions convenient for the use of each descent, below the following—
passenger and must contain informa- (1) 500 feet;
tion that is appropriate to the airplane (2) At an altitude that is no lower
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on which it is to be used. than twice the altitude loss specified in


(d) The certificate holder shall de- the AFM for an autopilot malfunction
scribe in its manual the procedure to in cruise conditions; or

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Federal Aviation Administration, DOT § 125.331

(3) At an altitude specified by the Ad- certificated and functioning autopilot


ministrator, whichever is greater. in accordance with paragraph (e) in
(d) Approach. No person may use an this section.
autopilot at an altitude lower than 50 (e) Go-Around/Missed Approach. No
feet below the DA(H) or MDA for the person may engage an autopilot during
instrument procedure being flown, ex- a go-around or missed approach below
cept as follows— the minimum engagement altitude
(1) For autopilots with an AFM speci- specified for takeoff and initial climb
fied altitude loss for approach oper- in paragraph (b) in this section. An
ations— autopilot minimum use altitude does
(i) An altitude no lower than twice
not apply to a go-around/missed ap-
the specified altitude loss if higher
proach initiated with an engaged auto-
than 50 feet below the MDA or DA(H);
(ii) An altitude no lower than 50 feet pilot. Performing a go-around or
higher than the altitude loss specified missed approach with an engaged auto-
in the AFM, when the following condi- pilot must not adversely affect safe ob-
tions are met— stacle clearance.
(A) Reported weather conditions are (f) Landing. Notwithstanding para-
less than the basic VFR weather condi- graph (d) of this section, autopilot min-
tions in § 91.155 of this chapter; imum use altitudes do not apply to
(B) Suitable visual references speci- autopilot operations when an approved
fied in § 91.175 of this chapter have been automatic landing system mode is
established on the instrument ap- being used for landing. Automatic
proach procedure; and landing systems must be authorized in
(C) The autopilot is coupled and re- an operations specification issued to
ceiving both lateral and vertical path the operator.
references;
(iii) An altitude no lower than the [Doc. No. FAA–2012–1059, 79 FR 6087, Feb. 3,
higher of the altitude loss specified in 2014]
the AFM or 50 feet above the TDZE,
§ 125.331 Carriage of persons without
when the following conditions are compliance with the passenger-car-
met— rying provisions of this part.
(A) Reported weather conditions are
equal to or better than the basic VFR The following persons may be carried
weather conditions in § 91.155 of this aboard an airplane without complying
chapter; and with the passenger-carrying require-
(B) The autopilot is coupled and re- ments of this part:
ceiving both lateral and vertical path (a) A crewmember.
references; or (b) A person necessary for the safe
(iv) A greater altitude specified by handling of animals on the airplane.
the Administrator. (c) A person necessary for the safe
(2) For autopilots with AFM specified handling of hazardous materials (as de-
approach altitude limitations, the fined in subchapter C of title 49 CFR).
greater of— (d) A person performing duty as a se-
(i) The minimum use altitude speci- curity or honor guard accompanying a
fied for the coupled approach mode se-
shipment made by or under the author-
lected;
ity of the U.S. Government.
(ii) 50 feet; or
(iii) An altitude specified by Admin- (e) A military courier or a military
istrator. route supervisor carried by a military
(3) For autopilots with an AFM speci- cargo contract operator if that car-
fied negligible or zero altitude loss for riage is specifically authorized by the
an autopilot approach mode malfunc- appropriate military service.
tion, the greater of— (f) An authorized representative of
(i) 50 feet; or the Administrator conducting an en
(ii) An altitude specified by Adminis- route inspection.
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trator. (g) A person authorized by the Ad-


(4) If executing an autopilot coupled ministrator.
go-around or missed approach using a

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§ 125.333 14 CFR Ch. I (1–1–16 Edition)

§ 125.333 Stowage of food, beverage, tions and irregularities of facilities and


and passenger service equipment services that may affect the safety of
during airplane movement on the the flight.
surface, takeoff, and landing.
(a) No certificate holder may move § 125.355 Airplane equipment.
an airplane on the surface, take off, or No person may release an airplane
land when any food, beverage, or table- unless it is airworthy and is equipped
ware furnished by the certificate hold- as prescribed.
er is located at any passenger seat.
(b) No certificate holder may move § 125.357 Communication and naviga-
tion facilities.
an airplane on the surface, take off, or
land unless each food and beverage No person may release an airplane
tray and seat back tray table is se- over any route or route segment unless
cured in its stowed position. communication and navigation facili-
(c) No certificate holder may permit ties equal to those required by § 125.51
an airplane to move on the surface, are in satisfactory operating condition.
take off, or land unless each passenger
serving cart is secured in its stowed po- § 125.359 Flight release under VFR.
sition. No person may release an airplane
(d) Each passenger shall comply with for VFR operation unless the ceiling
instructions given by a crewmember and visibility en route, as indicated by
with regard to compliance with this available weather reports or forecasts,
section. or any combination thereof, are and
will remain at or above applicable VFR
[Doc. No. 26142, 57 FR 42675, Sept. 15, 1992]
minimums until the airplane arrives at
the airport or airports specified in the
Subpart K—Flight Release Rules flight release.
§ 125.351 Flight release authority. § 125.361 Flight release under IFR or
(a) No person may start a flight with- over-the-top.
out authority from the person author- Except as provided in § 125.363, no per-
ized by the certificate holder to exer- son may release an airplane for oper-
cise operational control over the flight. ations under IFR or over-the-top unless
(b) No person may start a flight un- appropriate weather reports or fore-
less the pilot in command or the person casts, or any combination thereof, indi-
authorized by the cetificate holder to cate that the weather conditions will
exercise operational control over the be at or above the authorized mini-
flight has executed a flight release set- mums at the estimated time of arrival
ting forth the conditions under which at the airport or airports to which re-
the flight will be conducted. The pilot leased.
in command may sign the flight re-
lease only when both the pilot in com- § 125.363 Flight release over water.
mand and the person authorized to ex- (a) No person may release an airplane
ercise operational control believe the for a flight that involves extended
flight can be made safely, unless the overwater operation unless appropriate
pilot in command is authorized by the weather reports or forecasts, or any
certificate holder to exercise oper- combination thereof, indicate that the
ational control and execute the flight weather conditions will be at or above
release without the approval of any the authorized minimums at the esti-
other person. mated time of arrival at any airport to
(c) No person may continue a flight which released or to any required alter-
from an intermediate airport without a nate airport.
new flight release if the airplane has (b) Each certificate holder shall con-
been on the ground more than 6 hours. duct extended overwater operations
under IFR unless it shows that oper-
§ 125.353 Facilities and services. ating under IFR is not necessary for
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During a flight, the pilot in command safety.


shall obtain any additional available (c) Each certificate holder shall con-
information of meteorological condi- duct other overwater operations under

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Federal Aviation Administration, DOT § 125.373

IFR if the Administrator determines ments at the alternate airport must


that operation under IFR is necessary meet the requirements of the opera-
for safety. tor’s operations specifications.
(d) Each authorization to conduct ex- (d) No person may release a flight un-
tended overwater operations under less that person lists each required al-
VFR and each requirement to conduct ternate airport in the flight release.
other overwater operations under IFR
will be specified in the operations spec- § 125.369 Alternate airport weather
ifications. minimums.
No person may list an airport as an
§ 125.365 Alternate airport for depar-
ture. alternate airport in the flight release
unless the appropriate weather reports
(a) If the weather conditions at the or forecasts, or any combination there-
airport of takeoff are below the landing of, indicate that the weather condi-
minimums in the certificate holder’s tions will be at or above the alternate
operations specifications for that air- weather minimums specified in the cer-
port, no person may release an airplane tificate holder’s operations specifica-
from that airport unless the flight re- tions for that airport when the flight
lease specifies an alternate airport lo- arrives.
cated within the following distances
from the airport of takeoff: § 125.371 Continuing flight in unsafe
(1) Airplanes having two engines. Not conditions.
more than 1 hour from the departure
airport at normal cruising speed in (a) No pilot in command may allow a
still air with one engine inoperative. flight to continue toward any airport
(2) Airplanes having three or more en- to which it has been released if, in the
gines. Not more than 2 hours from the opinion of the pilot in command, the
departure airport at normal cruising flight cannot be completed safely, un-
speed in still air with one engine inop- less, in the opinion of the pilot in com-
erative. mand, there is no safer procedure. In
(b) For the purposes of paragraph (a) that event, continuation toward that
of this section, the alternate airport airport is an emergency situation.
weather conditions must meet the re-
§ 125.373 Original flight release or
quirements of the certificate holder’s amendment of flight release.
operations specifications.
(c) No person may release an airplane (a) A certificate holder may specify
from an airport unless that person lists any airport authorized for the type of
each required alternate airport in the airplane as a destination for the pur-
flight release. pose of original release.
(b) No person may allow a flight to
§ 125.367 Alternate airport for destina- continue to an airport to which it has
tion: IFR or over-the-top. been released unless the weather condi-
(a) Except as provided in paragraph tions at an alternate airport that was
(b) of this section, each person releas- specified in the flight release are fore-
ing an airplane for operation under IFR cast to be at or above the alternate
or over-the-top shall list at least one minimums specified in the operations
alternate airport for each destination specifications for that airport at the
airport in the flight release. time the airplane would arrive at the
(b) An alternate airport need not be alternate airport. However, the flight
designated for IFR or over-the-top op- release may be amended en route to in-
erations where the airplane carries clude any alternate airport that is
enough fuel to meet the requirements within the fuel range of the airplane as
of §§ 125.375 and 125.377 for flights out- specified in § 125.375 or § 125.377.
side the 48 conterminous States and (c) No person may change an original
the District of Columbia over routes destination or alternate airport that is
without an available alternate airport specified in the original flight release
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for a particular airport of destination. to another airport while the airplane is


(c) For the purposes of paragraph (a) en route unless the other airport is au-
of this section, the weather require- thorized for that type of airplane.

355

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§ 125.375 14 CFR Ch. I (1–1–16 Edition)

(d) Each person who amends a flight (2) Thereafter, to fly to and land at
release en route shall record that the most distant alternate airport
amendment. specified in the flight release; and
(3) Thereafter, to fly for 45 minutes
§ 125.375 Fuel supply: Nonturbine and at normal cruising fuel consumption.
turbopropeller-powered airplanes. (b) For any operation outside the 48
(a) Except as provided in paragraph conterminous United States and the
(b) of this section, no person may re- District of Columbia, unless authorized
lease for flight or take off a nonturbine by the Administrator in the operations
or turbopropeller-powered airplane un- specifications, no person may release
less, considering the wind and other for flight or take off a turbine-engine
weather conditions expected, it has powered airplane (other than a turbo-
enough fuel— propeller-powered airplane) unless,
(1) To fly to and land at the airport considering wind and other weather
to which it is released; conditions expected, it has enough
(2) Thereafter, to fly to and land at fuel—
the most distant alternate airport (1) To fly and land at the airport to
specified in the flight release; and which it is released;
(3) Thereafter, to fly for 45 minutes (2) After that, to fly for a period of 10
at normal crusing fuel consumption. percent of the total time required to
(b) If the airplane is released for any fly from the airport of departure and
flight other than from one point in the land at the airport to which it was re-
conterminous United States to another leased;
point in the conterminous United (3) After that, to fly to and land at
States, it must carry enough fuel to the most distant alternate airport
meet the requirements of paragraphs specified in the flight release, if an al-
(a) (1) and (2) of this section and there- ternate is required; and
after fly for 30 minutes plus 15 percent (4) After that, to fly for 30 minutes at
of the total time required to fly at nor- holding speed at 1,500 feet above the al-
mal cruising fuel consumption to the ternate airport (or the destination air-
airports specified in paragraphs (a) (1) port if no alternate is required) under
and (2) of this section, or fly for 90 min- standard temperature conditions.
utes at normal cruising fuel consump- (c) No person may release a turbine-
tion, whichever is less. engine-powered airplane (other than a
(c) No person may release a nontur- turbopropeller airplane) to an airport
bine or turbopropeller-powered air- for which an alternate is not specified
plane to an airport for which an alter- under § 125.367(b) unless it has enough
nate is not specified under § 125.367(b) fuel, considering wind and other weath-
unless it has enough fuel, considering er conditions expected, to fly to that
wind and other weather conditions ex- airport and thereafter to fly for at
pected, to fly to that airport and there- least 2 hours at normal cruising fuel
after to fly for 3 hours at normal cruis- consumption.
ing fuel consumption. (d) The Administrator may amend
the operations specifications of a cer-
§ 125.377 Fuel supply: Turbine-engine- tificate holder to require more fuel
powered airplanes other than tur- than any of the minimums stated in
bopropeller. paragraph (a) or (b) of this section if
(a) Except as provided in paragraph the Administrator finds that additional
(b) of this section, no person may re- fuel is necessary on a particular route
lease for flight or takeoff a turbine- in the interest of safety.
powered airplane (other than a turbo-
propeller-powered airplane) unless, § 125.379 Landing weather minimums:
considering the wind and other weather IFR.
conditions expected, it has enough (a) If the pilot in command of an air-
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fuel— plane has not served 100 hours as pilot


(1) To fly to and land at the airport in command in the type of airplane
to which it is released; being operated, the MDA or DA/DH and

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Federal Aviation Administration, DOT § 125.383

visibility landing minimums in the cer- § 91.175(l) of this chapter, or both of the
tificate holder’s operations specifica- following conditions are met—
tion are increased by 100 feet and one- (1) The later weather report is re-
half mile (or the RVR equivalent). The ceived when the airplane is in one of
MDA or DA/DH and visibility mini- the following approach phases:
mums need not be increased above (i) The airplane is on a ILS approach
those applicable to the airport when and has passed the final approach fix;
used as an alternate airport, but in no (ii) The airplane is on an ASR or
event may the landing minimums be PAR final approach and has been
less than a 300-foot ceiling and 1 mile turned over to the final approach con-
of visibility. troller; or
(b) The 100 hours of pilot-in-command (iii) The airplane is on a nonprecision
experience required by paragraph (a) final approach and the airplane—
may be reduced (not to exceed 50 per- (A) Has passed the appropriate facil-
cent) by substituting one landing in op- ity or final approach fix; or
erations under this part in the type of (B) Where a final approach fix is not
airplane for 1 required hour of pilot-in- specified, has completed the procedure
command experience if the pilot has at turn and is established inbound toward
least 100 hours as pilot in command of the airport on the final approach
another type airplane in operations course within the distance prescribed
under this part. in the procedure; and
(c) Category II minimums, when au- (2) The pilot in command finds, on
thorized in the certificate holder’s op- reaching the authorized MDA, or DA/
erations specifications, do not apply DH, that the actual weather conditions
until the pilot in command subject to are at or above the minimums pre-
paragraph (a) of this section meets the scribed for the procedure being used.
requirements of that paragraph in the [Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as
type of airplane the pilot is operating. amended by Amdt. 125–2, 46 FR 24409, Apr. 30,
[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as 1981; Amdt. 125–45, 69 FR 1641, Jan. 9, 2004;
amended by Amdt. 125–52, 72 FR 31683, June Amdt. 125–52, 72 FR 31683, June 7, 2007]
7, 2007]
§ 125.383 Load manifest.
§ 125.381 Takeoff and landing weather (a) Each certificate holder is respon-
minimums: IFR. sible for the preparation and accuracy
(a) Regardless of any clearance from of a load manifest in duplicate con-
ATC, if the reported weather condi- taining information concerning the
tions are less than that specified in the loading of the airplane. The manifest
certificate holder’s operations speci- must be prepared before each takeoff
fications, no pilot may— and must include—
(1) Take off an airplane under IFR; or (1) The number of passengers;
(2) Except as provided in paragraph (2) The total weight of the loaded air-
(c) of this section, land an airplane plane;
under IFR. (3) The maximum allowable takeoff
(b) Except as provided in paragraph and landing weights for that flight;
(c) of this section, no pilot may execute (4) The center of gravity limits;
an instrument approach procedure if (5) The center of gravity of the load-
the latest reported visibility is less ed airplane, except that the actual cen-
than the landing minimums specified ter of gravity need not be computed if
in the certificate holder’s operations the airplane is loaded according to a
specifications. loading schedule or other approved
(c) If a pilot initiates an instrument method that ensures that the center of
approach procedure based on a weather gravity of the loaded airplane is within
report that indicates that the specified approved limits. In those cases, an
visibility minimums exist and subse- entry shall be made on the manifest in-
quently receives another weather re- dicating that the center of gravity is
port that indicates that conditions are within limits according to a loading
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below the minimum requirements, then schedule or other approved method:


the pilot may continue with the ap- (6) The registration number of the
proach only if, the requirements of airplane;

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§ 125.401 14 CFR Ch. I (1–1–16 Edition)

(7) The origin and destination ; and (b) The airplane flight release must
(8) Names of passengers. contain, or have attached to it, weath-
(b) The pilot in command of an air- er reports, available weather forecasts,
plane for which a load manifest must or a combination thereof.
be prepared shall carry a copy of the
completed load manifest in the air- § 125.405 Disposition of load manifest,
plane to its destination. The certificate flight release, and flight plans.
holder shall keep copies of completed (a) The pilot in command of an air-
load manifests for at least 30 days at plane shall carry in the airplane to its
its principal operations base, or at an- destination the original or a signed
other location used by it and approved copy of the—
by the Administrator. (1) Load manifest required by
§ 125.383;
Subpart L—Records and Reports (2) Flight release;
(3) Airworthiness release; and
§ 125.401 Crewmember record. (4) Flight plan, including route.
(a) Each certificate holder shall— (b) If a flight originates at the prin-
(1) Maintain current records of each cipal operations base of the certificate
crewmember that show whether or not holder, it shall retain at that base a
that crewmember complies with this signed copy of each document listed in
chapter (e.g., proficiency checks, air- paragraph (a) of this section.
plane qualifications, any required (c) Except as provided in paragraph
physical examinations, and flight time (d) of this section, if a flight originates
records); and at a place other than the principal op-
(2) Record each action taken con- erations base of the certificate holder,
cerning the release from employment the pilot in command (or another per-
or physical or professional disqualifica- son not aboard the airplane who is au-
tion of any flight crewmember and thorized by the operator) shall, before
keep the record for at least 6 months or immediately after departure of the
thereafter. flight, mail signed copies of the docu-
(b) Each certificate holder shall ments listed in paragraph (a) of this
maintain the records required by para- section to the principal operations
graph (a) of this section at its principal base.
operations base, or at another location (d) If a flight originates at a place
used by it and approved by the Admin- other than the principal operations
istrator. base of the certificate holder and there
(c) Computer record systems ap- is at that place a person to manage the
proved by the Administrator may be flight departure for the operator who
used in complying with the require- does not depart on the airplane, signed
ments of paragraph (a) of this section. copies of the documents listed in para-
graph (a) of this section may be re-
§ 125.403 Flight release form. tained at that place for not more than
(a) The flight release may be in any 30 days before being sent to the prin-
form but must contain at least the fol- cipal operations base of the certificate
lowing information concerning each holder. However, the documents for a
flight: particular flight need not be further re-
(1) Company or organization name. tained at that place or be sent to the
(2) Make, model, and registration principal operations base, if the origi-
number of the airplane being used. nals or other copies of them have been
(3) Date of flight. previously returned to the principal op-
(4) Name and duty assignment of erations base.
each crewmember. (e) The certificate holder shall:
(5) Departure airport, destination air- (1) Identify in its operations manual
ports, alternate airports, and route. the person having custody of the copies
(6) Minimum fuel supply (in gallons of documents retained in accordance
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or pounds). with paragraph (d) of this section; and


(7) A statement of the type of oper- (2) Retain at its principal operations
ation (e.g., IFR, VFR). base either the original or a copy of the

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Federal Aviation Administration, DOT § 125.501

records required by this section for at (b) The airworthiness release or


least 30 days. maintenance record entry required by
paragraph (a) of this section must—
§ 125.407 Maintenance log: Airplanes. (1) Be prepared in accordance with
(a) Each person who takes corrective the procedures set forth in the certifi-
action or defers action concerning a re- cate holder’s manual;
ported or observed failure or malfunc- (2) Include a certification that—
tion of an airframe, aircraft engine, (i) The work was performed in ac-
propeller, or appliance shall record the cordance with the requirements of the
action taken in the airplane mainte- certificate holder’s manual;
nance log in accordance with part 43 of (ii) All items required to be inspected
this chapter. were inspected by an authorized person
who determined that the work was sat-
(b) Each certificate holder shall es-
isfactorily completed;
tablish a procedure for keeping copies
(iii) No known condition exists that
of the airplane maintenance log re-
would make the airplane unairworthy;
quired by this section in the airplane
and
for access by appropriate personnel and
(iv) So far as the work performed is
shall include that procedure in the
concerned, the airplane is in condition
manual required by § 125.249. for safe operation; and
§ 125.409 Service difficulty reports. (3) Be signed by a person authorized
in part 43 of this chapter to perform
(a) Each certificate holder shall re- maintenance, preventive maintenance,
port the occurrence or detection of and alteration.
each failure, malfunction, or defect, in (c) When an airworthiness release
a form and manner prescribed by the form is prepared, the certificate holder
Administrator. must give a copy to the pilot in com-
(b) Each certificate holder shall sub- mand and keep a record of it for at
mit each report required by this sec- least 60 days.
tion, covering each 24-hour period be- (d) Instead of restating each of the
ginning at 0900 local time of each day conditions of the certification required
and ending at 0900 local time on the by paragraph (b) of this section, the
next day, to the FAA office in Okla- certificate holder may state in its
homa City, Oklahoma. Each report of manual that the signature of a person
occurrences during a 24-hour period authorized in part 43 of this chapter
shall be submitted to the collection constitutes that certification.
point within the next 96 hours. How-
ever, a report due on Saturday or Sun- Subpart M—Continued Airworthi-
day may be submitted on the following ness and Safety Improve-
Monday, and a report due on a holiday ments
may be submitted on the next work
day.
SOURCE: Amdt. 125–53, 72 FR 63412, Nov. 8,
[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as 2007, unless otherwise noted.
amended by Amdt. 125–49, 70 FR 76979, Dec.
29, 2005] § 125.501 Purpose and definition.
(a) This subpart requires operators to
§ 125.411 Airworthiness release or support the continued airworthiness of
maintenance record entry.
each airplane. These requirements may
(a) No certificate holder may operate include, but are not limited to, revising
an airplane after maintenance, preven- the inspection program, incorporating
tive maintenance, or alteration is per- design changes, and incorporating revi-
formed on the airplane unless the per- sions to Instructions for Continued
son performing that maintenance, pre- Airworthiness.
ventive maintenance, or alteration pre- (b) For purposes of this subpart, the
pares or causes to be prepared— ‘‘FAA Oversight Office’’ is the aircraft
(1) An airworthiness release; or certification office or office of the
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(2) An entry in the aircraft mainte- Transport Airplane Directorate with


nance records in accordance with the oversight responsibility for the rel-
certificate holder’s manual. evant type certificate or supplemental

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§ 125.503 14 CFR Ch. I (1–1–16 Edition)

type certificate, as determined by the (8) For all models of the McDonnell
Administrator. Douglas DC–8, the flight cycle imple-
mentation time is 30,000 flights.
§ 125.503 [Reserved] (9) For all models of the McDonnell
Douglas DC–9/MD–80, the flight cycle
§ 125.505 Repairs assessment for pres- implementation time is 60,000 flights.
surized fuselages.
(10) For all models of the McDonnell
(a) No person may operate an Airbus Douglas DC–10, the flight cycle imple-
Model A300 (exlcuding the –600 series), mentation time is 30,000 flights.
British Aerospace Model BAC 1–11, Boe- (11) For all models of the Lockheed
ing Model 707, 720, 727, 737 or 747, L–1011, the flight cycle implementation
McDonnell Douglas Model DC–8, DC–9/ time is 27,000 flights.
MD–80 or DC–10, Fokker Model F28, or (12) For the Fokker F–28 Mark, 1000,
Lockheed Model L–1011 beyond the ap- 2000, 3000, and 4000, the flight cycle im-
plicable flight cycle implementation plementation time is 60,000 flights.
time specified below, or May 25, 2001, (b) [Reserved]
whichever occurs later, unless oper-
ations specifications have been issued [Doc. No. 29104, 65 FR 24126, Apr. 25, 2000; 65
FR 50744, Aug. 21, 2000, as amended by Amdt.
to reference repair assessment guide-
125–36, 66 FR 23131, May 7, 2001; Amdt. 125–40,
lines applicable to the fuselage pres- 67 FR 72834, Dec. 9, 2002; Amdt. 125–46, 69 FR
sure boundary (fuselage skin, door 45942, July 30, 2004. Redesignated by Amdt.
skin, and bulkhead webs), and those 125–53, 72 FR 63412, Nov. 8, 2007]
guidelines are incorporated in its
maintenance program. The repair as- § 125.507 Fuel tank system inspection
sessment guidelines must be approved program.
by the FAA Aircraft Certification Of- (a) Except as provided in paragraph
fice (ACO), or office of the Transport (g) of this section, this section applies
Airplane Directorate, having cog- to transport category, turbine-powered
nizance over the type certificate for airplanes with a type certificate issued
the affected airplane. after January 1, 1958, that, as a result
(1) For the Airbus Model A300 (ex- of original type certification or later
cluding the –600 series), the flight cycle increase in capacity, have—
implementation time is: (1) A maximum type-certificated pas-
(i) Model B2: 36,000 flights. senger capacity of 30 or more, or
(ii) Model B4–100 (including Model (2) A maximum payload capacity of
B4–2C): 30,000 flights above the window 7500 pounds or more.
line, and 36,000 flights below the win- (b) For each airplane on which an
dow line. auxiliary fuel tank is installed under a
(iii) Model B4–200: 25,500 flights above field approval, before June 16, 2008, the
the window line, and 34,000 flights certificate holder must submit to the
below the window line. FAA Oversight Office proposed mainte-
(2) For all models of the British Aero- nance instructions for the tank that
space BAC 1–11, the flight cycle imple- meet the requirements of Special Fed-
mentation time is 60,000 flights. eral Aviation Regulation No. 88 (SFAR
(3) For all models of the Boeing 707, 88) of this chapter.
the flight cycle implementation time is (c) After December 16, 2008, no certifi-
15,000 flights. cate holder may operate an airplane
(4) For all models of the Boeing 720, identified in paragraph (a) of this sec-
the flight cycle implementation time is tion unless the inspection program for
23,000 flights. that airplane has been revised to in-
(5) For all models of the Boeing 727, clude applicable inspections, proce-
the flight cycle implementation time is dures, and limitations for fuel tank
45,000 flights. systems.
(6) For all models of the Boeing 737, (d) The proposed fuel tank system in-
the flight cycle implementation time is spection program revisions must be
60,000 flights. based on fuel tank system Instructions
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(7) For all models of the Boeing 747, for Continued Airworthiness (ICA) that
the flight cycle implementation time is have been developed in accordance
15,000 flights. with the applicable provisions of SFAR

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Federal Aviation Administration, DOT § 125.509

88 of this chapter or § 25.1529 and part worthiness approval after December 27,
25, Appendix H, of this chapter, in ef- 2010 unless an Ignition Mitigation
fect on June 6, 2001 (including those de- Means (IMM) or Flammability Reduc-
veloped for auxiliary fuel tanks, if any, tion Means (FRM) meeting the require-
installed under supplemental type cer- ments of § 26.33 of this chapter is oper-
tificates or other design approval) and ational.
that have been approved by the FAA
Oversight Office. TABLE 1
(e) After December 16, 2008, before re-
Model—Boeing Model—Airbus
turning an aircraft to service after any
alteration for which fuel tank ICA are 747 Series A318, A319, A320, A321 Series
developed under SFAR 88, or under 737 Series A330, A340 Series
§ 25.1529 in effect on June 6, 2001, the 777 Series
767 Series
certificate holder must include in the
inspection program for the airplane in-
(c) Auxiliary Fuel Tanks. After the ap-
spections and procedures for the fuel
plicable date stated in paragraph (e) of
tank system based on those ICA.
this section, no person may operate
(f) The fuel tank system inspection
any airplane subject to § 26.33 of this
program changes identified in para-
chapter that has an Auxiliary Fuel
graphs (d) and (e) of this section and
Tank installed pursuant to a field ap-
any later fuel tank system revisions
proval, unless the following require-
must be submitted to the Principal In-
ments are met:
spector for review and approval.
(g) This section does not apply to the (1) The person complies with 14 CFR
following airplane models: 26.35 by the applicable date stated in
(1) Bombardier CL–44 that section.
(2) Concorde (2) The person installs Flammability
(3) deHavilland D.H. 106 Comet 4C Impact Mitigation Means (FIMM), if
(4) VFW–Vereinigte Flugtechnische applicable, that is approved by the
Werk VFW–614 FAA Oversight Office.
(5) Illyushin Aviation IL 96T (3) Except in accordance with
(6) Bristol Aircraft Britannia 305 § 125.201, the FIMM, if applicable, are
(7) Handley Page Herald Type 300 operational.
(8) Avions Marcel Dassault—Breguet (d) Retrofit. Except as provided in
Aviation Mercure 100C paragraph (j) of this section, after the
(9) Airbus Caravelle dates specified in paragraph (e) of this
(10) Lockheed L–300 section, no person may operate an air-
plane to which this section applies un-
§ 125.509 Flammability reduction less the requirements of paragraphs
means. (d)(1) and (d)(2) of this section are met.
(a) Applicability. Except as provided (1) Ignition Mitigation Means (IMM),
in paragraph (m) of this section, this Flammability Reduction Means (FRM),
section applies to transport category, or FIMM, if required by §§ 26.33, 26.35, or
turbine-powered airplanes with a type 26.37 of this chapter, that are approved
certificate issued after January 1, 1958, by the FAA Oversight Office, are in-
that, as a result of original type cer- stalled within the compliance times
tification or later increase in capacity specified in paragraph (e) of this sec-
have: tion.
(1) A maximum type-certificated pas- (2) Except in accordance with § 125.201
senger capacity of 30 or more, or of this part, the IMM, FRM or FIMM,
(2) A maximum payload capacity of as applicable, are operational.
7,500 pounds or more. (e) Compliance Times. The installa-
(b) New Production Airplanes. Except tions required by paragraph (d) of this
in accordance with § 125.201, no person section must be accomplished no later
may operate an airplane identified in than the applicable dates specified in
Table 1 of this section (including all- paragraph (e)(1), (e)(2) or (e)(3) of this
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cargo airplanes) for which the State of section.


Manufacture issued the original certifi- (1) Fifty percent of each person’s
cate of airworthiness or export air- fleet of airplanes subject to paragraph

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Pt. 125, App. A 14 CFR Ch. I (1–1–16 Edition)

(d)(1) of this section must be modified person may operate in passenger serv-
no later than December 26, 2014. ice any airplane model specified in
(2) One hundred percent of each per- Table 2 of this section unless the air-
son’s fleet of airplanes subject to para- plane has been modified to comply
graph (d)(1) of this section must be with § 26.33(c) of this chapter.
modified no later than December 26,
2017. TABLE 2
(3) For those persons that have only Model—Boeing Model—Airbus
one airplane of a model identified in
Table 1 of this section, the airplane 747 Series .................. A318, A319, A320, A321 Series.
737 Series .................. A300, A310 Series.
must be modified no later than Decem- 777 Series .................. A330, A340 Series.
ber 26, 2017. 767 Series.
(f) Compliance after Installation. Ex- 757 Series.
cept in accordance with § 125.201, no
person may— (l) No person may operate any air-
(1) Operate an airplane on which IMM plane on which an auxiliary fuel tank
or FRM has been installed before the is installed after December 26, 2017 un-
dates specified in paragraph (e) of this less the FAA has certified the tank as
section unless the IMM or FRM is oper- compliant with § 25.981 of this chapter,
ational, or in effect on December 26, 2008.
(2) Deactivate or remove an IMM or (m) Exclusions. The requirements of
FRM once installed unless it is re- this section do not apply to the fol-
placed by a means that complies with lowing airplane models:
paragraph (d) of this section. (1) Convair CV–240, 340, 440, including
(g) Inspection Program Revisions. No turbine powered conversions.
person may operate an airplane for (2) Lockheed L–188 Electra.
which airworthiness limitations have (3) Vickers VC–10.
been approved by the FAA Oversight (4) Douglas DC–3, including turbine
Office in accordance with §§ 26.33, 26.35, powered conversions.
(5) Bombardier CL–44.
or 26.37 of this chapter after the air-
(6) Mitsubishi YS–11.
plane is modified in accordance with
(7) BAC 1–11.
paragraph (d) of this section unless the
(8) Concorde.
inspection program for that airplane is
(9) deHavilland D.H. 106 Comet 4C.
revised to include those applicable air- (10) VFW—Vereinigte Flugtechnische
worthiness limitations. VFW–614.
(h) After the inspection program is (11) Illyushin Aviation IL 96T.
revised as required by paragraph (g) of (12) Bristol Aircraft Britannia 305.
this section, before returning an air- (13) Handley Page Herald Type 300.
plane to service after any alteration (14) Avions Marcel Dassault—Breguet
for which airworthiness limitations are Aviation Mercure 100C.
required by §§ 25.981, 26.33, 26.35, or 26.37 (15) Airbus Caravelle.
of this chapter, the person must revise (16) Fokker F–27/Fairchild Hiller FH–
the inspection program for the airplane 227.
to include those airworthiness limita- (17) Lockheed L–300.
tions.
(i) The inspection program changes [Doc. No. FAA–2005–22997, 73 FR 42502, July
identified in paragraphs (g) and (h) of 21, 2008, as amended by Amdt. 125–57, 74 FR
31619, July 2, 2009]
this section must be submitted to the
operator’s assigned Flight Standards APPENDIX A TO PART 125—ADDITIONAL
Office responsible for review and ap- EMERGENCY EQUIPMENT
proval prior to incorporation.
(j) The requirements of paragraph (d) (a) Means for emergency evacuation. Each
of this section do not apply to air- passenger-carrying landplane emergency exit
planes operated in all-cargo service, (other than over-the-wing) that is more that
6 feet from the ground with the airplane on
but those airplanes are subject to para- the ground and the landing gear extended
graph (f) of this section. must have an approved means to assist the
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(k) After the date by which any per- occupants in descending to the ground. The
son is required by this section to mod- assisting means for a floor level emergency
ify 100 percent of the affected fleet, no exit must meet the requirements of

362

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Federal Aviation Administration, DOT Pt. 125, App. A
§ 25.809(f)(1) of this chapter in effect on April that make compliance impractical and that
30, 1972, except that, for any airplane for the proposed deviation provides an equiva-
which the application for the type certificate lent level of safety.
was filed after that date, it must meet the (ii) For an airplane for which the applica-
requirements under which the airplane was tion for the type certificate was filed on or
type certificated. An assisting means that after May 1, 1972, each passenger emergency
deploys automatically must be armed during exit marking and each locating sign must be
taxiing, takeoffs, and landings. However, if manufactured to meet the interior emer-
the Administrator finds that the design of gency exit marking requirements under
the exit makes compliance impractical, the which the airplane was type certificated. On
Administrator may grant a deviation from these airplanes, no sign may continue to be
the requirement of automatic deployment if used if its luminescence (brightness) de-
the assisting means automatically erects creases to below 250 microlamberts.
upon deployment and, with respect to re- (c) Lighting for interior emergency exit mark-
quired emergency exits, if an emergency ings. Each passenger-carrying airplane must
evacuation demonstration is conducted in have an emergency lighting system, inde-
accordance with § 125.189. This paragraph pendent of the main lighting system. How-
does not apply to the rear window emergency ever, sources of general cabin illumination
exit of DC–3 airplanes operated with less may be common to both the emergency and
than 36 occupants, including crewmembers, the main lighting systems if the power sup-
and less than five exits authorized for pas- ply to the emergency lighting system is
senger use. independent of the power supply to the main
(b) Interior emergency exit marking. The fol- lighting system. The emergency lighting sys-
lowing must be complied with for each pas- tem must—
senger-carrying airplane: (1) Illuminate each passenger exit marking
(1) Each passenger emergency exit, its and locating sign; and
means of access, and means of opening must (2) Provide enough general lighting in the
be conspicuously marked. The identity and passenger cabin so that the average illu-
location of each passenger emergency exit mination, when measured at 40-inch inter-
must be recognizable from a distance equal vals at seat armrest height, on the center-
to the width of the cabin. The location of line of the main passenger aisle, is at least
each passenger emergency exit must be indi- 0.05 foot-candles.
cated by a sign visible to occupants ap- (d) Emergency light operation. Except for
proaching along the main passenger aisle. lights forming part of emergency lighting
There must be a locating sign— subsystems provided in compliance with
(i) Above the aisle near each over-the-wing § 25.812(g) of this chapter (as prescribed in
passenger emergency exit, or at another ceil- paragraph (h) of this section) that serve no
ing location if it is more practical because of more than one assist means, are independent
low headroom; of the airplane’s main emergency lighting
(ii) Next to each floor level passenger systems, and are automatically activated
emergency exit, except that one sign may when the assist means is deployed, each light
serve two such exits if they both can be seen required by paragraphs (c) and (h) must com-
readily from that sign; and ply with the following:
(iii) On each bulkhead or divider that pre- (1) Each light must be operable manually
vents fore and aft vision along the passenger and must operate automatically from the
cabin, to indicate emergency exits beyond independent lighting system—
and obscured by it, except that if this is not (i) In a crash landing; or
possible the sign may be placed at another (ii) Whenever the airplane’s normal elec-
appropriate location. tric power to the light is interrupted.
(2) Each passenger emergency exit mark- (2) Each light must—
ing and each locating sign must meet the fol- (i) Be operable manually from the
lowing: flightcrew station and from a point in the
(i) For an airplane for which the applica- passenger compartment that is readily ac-
tion for the type certificate was filed prior to cessible to a normal flight attendant seat;
May 1, 1972, each passenger emergency exit (ii) Have a means to prevent inadvertent
marking and each locating sign must be operation of the manual controls; and
manufactured to meet the requirements of (iii) When armed or turned on at either
§ 25.812(b) of this chapter in effect on April 30, station, remain lighted or become lighted
1972. On these airplanes, no sign may con- upon interruption of the airplane’s normal
tinue to be used if its luminescence (bright- electric power.
ness) decreases to below 100 microlamberts. Each light must be armed or turned on
The colors may be reversed if it increases the during taxiing, takeoff, and landing. In
emergency illumination of the passenger showing compliance with this paragraph, a
compartment. However, the Administrator transverse vertical separation of the fuselage
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may authorize deviation from the 2-inch need not be considered.


background requirements if the Adminis- (3) Each light must provide the required
trator finds that special circumstances exist level of illumination for at least 10 minutes

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Pt. 125, App. A 14 CFR Ch. I (1–1–16 Edition)
at the critical ambient conditions after after May 1, 1972, the access must meet the
emergency landing. emergency exit access requirements under
(e) Emergency exit operating handles. (1) For which the airplane was certificated.
a passenger-carrying airplane for which the (4) If it is necessary to pass through a pas-
application for the type certificate was filed sageway between passenger compartments to
prior to May 1, 1972, the location of each pas- reach any required emergency exit from any
senger emergency exit operating handle and seat in the passenger cabin, the passageway
instructions for opening the exit must be must not be obstructed. However, curtains
shown by a marking on or near the exit that may be used if they allow free entry through
is readable from a distance of 30 inches. In the passageway.
addition, for each Type I and Type II emer- (5) No door may be installed in any parti-
gency exit with a locking mechanism re- tion between passenger compartments.
leased by rotary motion of the handle, the (6) If it is necessary to pass through a door-
instructions for opening must be shown by— way separating the passenger cabin from
(i) A red arrow with a shaft at least 3⁄4 inch other areas to reach any required emergency
wide and a head twice the width of the shaft, exit from any passenger seat, the door must
extending along at least 70 degrees of arc at have a means to latch it in open position,
a radius approximately equal to 3⁄4 of the and the door must be latched open during
handle length; and each takeoff and landing. The latching
(ii) The word ‘‘open’’ in red letters 1 inch means must be able to withstand the loads
high placed horizontally near the head of the imposed upon it when the door is subjected
arrow. to the ultimate interia forces, relative to the
(2) For a passenger-carrying airplane for surrounding structure, listed in § 25.561(b) of
which the application for the type certificate this chapter.
was filed on or after May 1, 1972, the location (g) Exterior exit markings. Each passenger
of each passenger emergency exit operating emergency exit and the means of opening
handle and instructions for opening the exit that exit from the outside must be marked
must be shown in accordance with the re- on the outside of the airplane. There must be
quirements under which the airplane was a 2-inch colored band outlining each pas-
type certificated. On these airplanes, no op- senger emergency exit on the side of the fu-
erating handle or operating handle cover selage. Each outside marking, including the
may continue to be used if its luminescence band, must be readily distinguishable from
(brightness) decreases to below 100 micro- the surrounding fuselage area by contrast in
lamberts. color. The markings must comply with the
(f) Emergency exit access. Access to emer- following:
gency exits must be provided as follows for (1) If the reflectance of the darker color is
each passenger-carrying airplane: 15 percent or less, the reflectance of the
(1) Each passageway between individual lighter color must be at least 45 percent.
passenger areas, or leading to a Type I or ‘‘Reflectance’’ is the ratio of the luminous
Type II emergency exit, must be unob- flux reflected by a body to the luminous flux
structed and at least 20 inches wide. it receives.
(2) There must be enough space next to (2) If the reflectance of the darker color is
each Type I or Type II emergency exit to greater than 15 percent, at least a 30 percent
allow a crewmember to assist in the evacu- difference between its reflectance and the re-
ation of passengers without reducing the un- flectance of the lighter color must be pro-
obstructed width of the passageway below vided.
that required in paragraph (f)(1) of this sec- (3) Exits that are not in the side of the fu-
tion. However, the Administrator may au- selage must have the external means of
thorize deviation from this requirement for opening and applicable instructions marked
an airplane certificated under the provisions conspicuously in red or, if red is incon-
of part 4b of the Civil Air Regulations in ef- spicuous against the background color, in
fect before December 20, 1951, if the Adminis- bright chrome yellow and, when the opening
trator finds that special circumstances exist means for such an exit is located on only one
that provide an equivalent level of safety. side of the fuselage, a conspicuous marking
(3) There must be access from the main to that effect must be provided on the other
aisle to each Type III and Type IV exit. The side.
access from the aisle to these exits must not (h) Exterior emergency lighting and escape
be obstructed by seats, berths, or other pro- route. (1) Each passenger-carrying airplane
trusions in a manner that would reduce the must be equipped with exterior lighting that
effectiveness of the exit. In addition— meets the following requirements:
(i) For an airplane for which the applica- (i) For an airplane for which the applica-
tion for the type certificate was filed prior to tion for the type certificate was filed prior to
May 1, 1972, the access must meet the re- May 1, 1972, the requirements of § 25.812(f)
quirements of § 25.813(c) of this chapter in ef- and (g) of this chapter in effect on April 30,
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fect on April 30, 1972; and 1972.


(ii) For an airplane for which the applica- (ii) For an airplane for which the applica-
tion for the type certificate was filed on or tion for the type certificate was filed on or

364

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Federal Aviation Administration, DOT Pt. 125, App. B
after May 1, 1972, the exterior emergency (2) The airplane must be in a normal
lighting requirements under which the air- ground attitude with landing gear extended.
plane was type certificated. (3) Stands or ramps may be used for de-
(2) Each passenger-carrying airplane must scent from the wing to the ground. Safety
be equipped with a slip-resistant escape equipment such as mats or inverted life rafts
route that meets the following requirements: may be placed on the ground to protect par-
(i) For an airplane for which the applica- ticipants. No other equipment that is not
tion for the type certificate was filed prior to part of the airplane’s emergency evacuation
May 1, 1972, the requirements of § 25.803(e) of equipment may be used to aid the partici-
this chapter in effect on April 30, 1972. pants in reaching the ground.
(ii) For an airplane for which the applica- (4) The airplane’s normal electric power
tion for the type certificate was filed on or sources must be deenergized.
after May 1, 1972, the slip-resistant escape (5) All emergency equipment for the type
route requirements under which the airplane of passenger-carrying operation involved
was type certificated. must be installed in accordance with the cer-
(i) Floor level exits. Each floor level door or tificate holder’s manual.
exit in the side of the fuselage (other than (6) Each external door and exit and each
those leading into a cargo or baggage com- internal door or curtain must be in position
partment that is not accessible from the pas- to simulate a normal takeoff.
senger cabin) that is 44 or more inches high (7) A representative passenger load of per-
and 20 or more inches wide, but not wider sons in normal health must be used. At least
than 46 inches, each passenger ventral exit 30 percent must be females. At least 5 per-
(except the ventral exits on M–404 and CV– cent must be over 60 years of age with a pro-
240 airplanes) and each tail cone exit must portionate number of females. At least 5 per-
meet the requirements of this section for cent, but not more than 10 percent, must be
floor level emergency exits. However, the children under 12 years of age, prorated
Administrator may grant a deviation from through that age group. Three life-size dolls,
this paragraph if the Administrator finds not included as part of the total passenger
that circumstances make full compliance load, must be carried by passengers to simu-
impractical and that an acceptable level of late live infants 2 years old or younger.
safety has been achieved. Crewmembers, mechanics, and training per-
(j) Additional emergency exits. Approved sonnel who maintain or operate the airplane
emergency exits in the passenger compart- in the normal course of their duties may not
ments that are in excess of the minimum be used as passengers.
number of required emergency exits must (8) No passenger may be assigned a specific
meet all of the applicable provisions of this seat except as the Administrator may re-
section except paragraph (f), (1), (2), and (3) quire. Except as required by item (12) of this
and must be readily accessible. paragraph, no employee of the certificate
(k) On each large passenger-carrying tur- holder may be seated next to an emergency
bojet-powered airplane, each ventral exit and exit.
tailcone exit must be— (9) Seat belts and shoulder harnesses (as
(1) Designed and constructed so that it required) must be fastened.
cannot be opened during flight; and (10) Before the start of the demonstration,
(2) Marked with a placard readable from a approximately one-half of the total average
distance of 30 inches and installed at a con- amount of carry-on baggage, blankets, pil-
spicuous location near the means of opening lows, and other similar articles must be dis-
the exit, stating that the exit has been de- tributed at several locations in the aisles
signed and constructed so that it cannot be and emergency exit access ways to create
opened during flight. minor obstructions.
(11) The seating density and arrangement
APPENDIX B TO PART 125—CRITERIA FOR of the airplane must be representative of the
DEMONSTRATION OF EMERGENCY highest capacity passenger version of that
EVACUATION PROCEDURES UNDER airplane the certificate holder operates or
§ 125.189 proposes to operate.
(12) Each crewmember must be a member
(a) Aborted takeoff demonstration. (1) The of a regularly scheduled line crew, must be
demonstration must be conducted either dur- seated in that crewmember’s normally as-
ing the dark of the night or during daylight signed seat for takeoff, and must remain in
with the dark of the night simulated. If the that seat until the signal for commencement
demonstration is conducted indoors during of the demonstration is received.
daylight hours, it must be conducted with (13) No crewmember or passenger may be
each window covered and each door closed to given prior knowledge of the emergency
minimize the daylight effect. Illumination exits available for the demonstration.
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on the floor or ground may be used, but it (14) The certificate holder may not prac-
must be kept low and shielded against shin- tice, rehearse, or describe the demonstration
ing into the airplane’s windows or doors. for the participants nor may any participant

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Pt. 125, App. C 14 CFR Ch. I (1–1–16 Edition)
have taken part in this type of demonstra- (3) After the ditching signal has been re-
tion within the preceding 6 months. ceived, each evacuee must don a life vest ac-
(15) The pretakeoff passenger briefing re- cording to the certificate holder’s manual.
quired by § 125.327 may be given in accord- (4) Each liferaft must be launched and in-
ance with the certificate holder’s manual. flated according to the certificate holder’s
The passengers may also be warned to follow manual and all other required emergency
directions of crewmembers, but may not be equipment must be placed in rafts.
instructed on the procedures to be followed (5) Each evacuee must enter a liferaft and
in the demonstration. the crewmembers assigned to each liferaft
(16) If safety equipment as allowed by item must indicate the location of emergency
(3) of this section is provided, either all pas- equipment aboard the raft and describe its
senger and cockpit windows must be blacked use.
out or all of the emergency exits must have (6) Either the airplane, a mockup of the
safety equipment to prevent disclosure of the airplane, or a floating device simulating a
available emergency exits. passenger compartment must be used.
(17) Not more than 50 percent of the emer-
(i) If a mockup of the airplane is used, it
gency exits in the sides of the fuselage of an
must be a life-size mockup of the interior
airplane that meet all of the requirements
and representative of the airplane currently
applicable to the required emergency exits
used by or proposed to be used by the certifi-
for that airplane may be used for the dem-
cate holder and must contain adequate seats
onstration. Exits that are not to be used in
for use of the evacuees. Operation of the
the demonstration must have the exit handle
deactivated or must be indicated by red emergency exits and the doors must closely
lights, red tape or other acceptable means, simulate that on the airplane. Sufficient
placed outside the exits to indicate fire or wing area must be installed outside the over-
other reason that they are unusable. The the-wing exits to demonstrate the evacu-
exits to be used must be representative of all ation.
of the emergency exits on the airplane and (ii) If a floating device simulating a pas-
must be designated by the certificate holder, senger compartment is used, it must be rep-
subject to approval by the Administrator. At resentative, to the extent possible, of the
least one floor level exit must be used. passenger compartment of the airplane used
(18) All evacuees, except those using an in operations. Operation of the emergency
over-the-wing exit, must leave the airplane exits and the doors must closely simulate op-
by a means provided as part of the airplane’s eration on that airplane. Sufficient wing
equipment. area must be installed outside the over-the-
(19) The certificate holder’s approved pro- wing exits to demonstrate the evacuation.
cedures and all of the emergency equipment The device must be equipped with the same
that is normally available, including slides, survival equipment as is installed on the air-
ropes, lights, and megaphones, must be fully plane, to accommodate all persons partici-
utilized during the demonstration. pating in the demonstration.
(20) The evacuation time period is com-
pleted when the last occupant has evacuated APPENDIX C TO PART 125—ICE
the airplane and is on the ground. Evacuees PROTECTION
using stands or ramps allowed by item (3)
above are considered to be on the ground If certification with ice protection provi-
when they are on the stand or ramp: Pro- sions is desired, compliance with the fol-
vided, That the acceptance rate of the stand lowing must be shown:
or ramp is no greater than the acceptance (a) The recommended procedures for the
rate of the means available on the airplane use of the ice protection equipment must be
for descent from the wing during an actual set forth in the Airplane Flight Manual.
crash situation. (b) An analysis must be performed to es-
(b) Ditching demonstration. The demonstra- tablish, on the basis of the airplane’s oper-
tion must assume that daylight hours exist ational needs, the adequacy of the ice protec-
outside the airplane and that all required tion system for the various components of
crewmembers are available for the dem- the airplane. In addition, tests of the ice pro-
onstration. tection system must be conducted to dem-
(1) If the certificate holder’s manual re- onstrate that the airplane is capable of oper-
quires the use of passengers to assist in the ating safely in continuous maximum and
launching of liferafts, the needed passengers intermittent maximum icing conditions as
must be aboard the airplane and participate described in appendix C of part 25 of this
in the demonstration according to the man- chapter.
ual. (c) Compliance with all or portions of this
(2) A stand must be placed at each emer- section may be accomplished by reference,
gency exit and wing with the top of the plat- where applicable because of similarity of the
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form at a height simulating the water level designs, to analyses and tests performed by
of the airplane following a ditching. the applicant for a type certificated model.

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Federal Aviation Administration, DOT Pt. 125, App. D

APPENDIX D TO PART 125—AIRPLANE FLIGHT RECORDER SPECIFICATION


Accuracy sensor input to Sampling inter- Resolution 4
Parameters Range DFDR readout val (per second) read out

Time (GMT or Frame Counter) 24 Hrs .......................... ±0.125% Per Hour ................. 0.25 (1 per 4 1 sec.
(range 0 to 4095, sampled 1 seconds).
per frame).
Altitude ...................................... ¥1,000 ft to max cer- ±100 to ±700 ft (See Table 1, 1 ........................ 5′ to 35′ 1
tificated altitude of TSO-C51a).
aircraft.
Airspeed ................................... 50 KIAS to Vso, and Vso ±5%, ±3% ............................... 1 ........................ 1 kt.
to 1.2 VD.
Heading .................................... 360° ............................. ±2° .......................................... 1 ........................ 0.5°
Normal Acceleration (Vertical) ¥3g to + 6g ................. ±1% of max range excluding 8 ........................ 0.01g.
datum error of ±5%.
Pitch Attitude ............................ ±75° ............................. ±2° .......................................... 1 ........................ 0.5°.
Roll Attitude .............................. ±180° ........................... ±2° .......................................... 1 ........................ 0.5°.
Radio Transmitter Keying ......... On-Off (Discrete) ......... ................................................ 1 ........................
Thrust/Power on Each Engine Full range forward ....... ±2% ........................................ 1 ........................ 0.2% 2
Trailing Edge Flap or Cockpit Full range or each dis- ±3° or as pilot’s Indicator ....... 0.5 ..................... 0.5% 2
Control Selection. crete position.
Leading Edge Flap or Cockpit Full range or each dis- ±3° or as pilot’s indicator ....... 0.5 ..................... 0.5% 2
Control Selection. crete position.
Thrust Reverser Position .......... Stowed, in transit, and ................................................ 1 (per 4 sec-
reverse (Discrete). onds per en-
gine).
Ground Spoiler Position/Speed Full range or each dis- ±2% unless higher accuracy 1 ........................ 0.2% 2.
Brake Selection. crete position. uniquely required.
Marker Beacon Passage .......... Discrete ........................ ................................................ 1 ........................
Autopilot Engagement .............. Discrete ........................ ................................................ 1 ........................
Longitudinal Acceleration ......... ±1g ............................... ±1.5% max range excluding 4 ........................ 0.01g
datum error of ±5%.
Pilot Input and/or Surface Posi- Full range ..................... ±2° unless higher accuracy 1 ........................ 0.2% 2.
tion-Primary Controls (Pitch, uniquely required.
Roll, Yaw) 3.
Lateral Acceleration .................. ±1g ............................... ±1.5% max range excluding 4 ........................ 0.01g.
datum error of ±5%.
Pitch Trim Position ................... Full range ..................... ±3% unless higher accuracy 1 ........................ 0.3% 2
uniquely required.
Glideslope Deviation ................ ±400 Microamps .......... ±3% ........................................ 1 ........................ 0.3% 2
Localizer Deviation ................... ±400 Microamps .......... ±3% ........................................ 1 ........................ 0.3% 2.
AFCS Mode and Engagement Discrete ........................ ................................................ 1 ........................
Status.
Radio Altitude ........................... ¥20 ft to 2,500 ft ........ ±2 Ft or ±3% Whichever is ........................... 1 ft + 5% 2
Greater Below 500 Ft and above 500′.
±5% Above 500 Ft.
Master Warning ........................ Discrete ........................ ................................................ 1 ........................
Main Gear Squat Switch Status Discrete ........................ ................................................ 1 ........................
Angle of Attack (if recorded di- As installed .................. As installed ............................. 2 ........................ 0.3% 2.
rectly).
Outside Air Temperature or ¥50 °C to + 90 °C ...... ±2 °C ...................................... 0.5 ..................... 0.3 °C
Total Air Temperature.
Hydraulics, Each System Low Discrete ........................ ................................................ 0.5 ..................... or 0.5% 2.
Pressure.
Groundspeed ............................ As Installed .................. Most Accurate Systems In- 1 ........................ 0.2% 2.
stalled (IMS Equipped Air-
craft Only).

If additional recording capacity is available, recording of the following parameters is recommended. The parameters are listed in
order of significance:

Drift Angle ................................. When available. As in- As installed ............................. 4 ........................


stalled.
Wind Speed and Direction ....... When available. As in- As installed ............................. 4 ........................
stalled.
Latitude and Longitude ............. When available. As in- As installed ............................. 4 ........................
stalled.
Brake pressure/Brake pedal As installed .................. As installed ............................. 1 ........................
position.
Additional engine parameters:
EPR ................................... As installed .................. As installed ............................. 1 (per engine) ...
lpowell on DSK54DXVN1OFR with $$_JOB

N 1 ...................................... As installed .................. As installed ............................. 1 (per engine) ...


N 2 ...................................... As installed .................. As installed ............................. 1 (per engine) ...
EGT ................................... As installed .................. As installed ............................. 1 (per engine) ...
Throttle Lever Position ............. As installed .................. As installed ............................. 1 (per engine) ...

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Pt. 125, App. E 14 CFR Ch. I (1–1–16 Edition)

Accuracy sensor input to Sampling inter- Resolution 4


Parameters Range DFDR readout val (per second) read out

Fuel Flow .................................. As installed .................. As installed ............................. 1 (per engine) ...
TCAS:
TA ...................................... As installed .................. As installed ............................. 1 ........................
RA ..................................... As installed .................. As installed ............................. 1 ........................
Sensitivity level (as se- As installed .................. As installed ............................. 2 ........................
lected by crew).
GPWS (ground proximity warn- Discrete ........................ ................................................ 1 ........................
ing system).
Landing gear or gear selector Discrete ........................ ................................................ 0.25 (1 per 4
position. seconds).
DME 1 and 2 Distance ............. 0–200 NM; ................... As installed ............................. 0.25 ................... 1 mi.
Nav 1 and 2 Frequency Selec- Full range ..................... As installed ............................. 0.25 ...................
tion.
1 When altitude rate is recorded. Altitude rate must have sufficient resolution and sampling to permit the derivation of altitude to
5 feet.
2 Percent of full range.
3 For airplanes that can demonstrate the capability of deriving either the control input on control movement (one from the
other) for all modes of operation and flight regimes, the ‘‘or’’ applies. For airplanes with non-mechanical control systems (fly-by-
wire) the ‘‘and’’ applies. In airplanes with split surfaces, suitable combination of inputs is acceptable in lieu of recording each sur-
face separately.
4 This column applies to aircraft manufactured after October 11, 1991.

[Doc. No. 25530, 53 FR 26150, July 11, 1988; 53 FR 30906, Aug. 16, 1988]

APPENDIX E TO PART 125—AIRPLANE FLIGHT RECORDER SPECIFICATIONS


The recorded values must meet the designated range, resolution and accuracy requirements during static and dynamic condi-
tions. Dynamic condition means the parameter is experiencing change at the maximum rate attainable, including the maximum
rate of reversal. All data recorded must be correlated in time to within one second.

Accuracy (sensor Seconds per


Parameters Range Resolution Remarks
input) sampling interval

1. Time or Rel- 24 Hrs, 0 to ±0.125% Per 4 ........................ 1 sec ................. UTC time preferred when
ative Times 4095. Hour. available. Count incre-
Counts. 1. ments each 4 seconds of
system operation.
2. Pressure Alti- ¥1000 ft to max ±100 to ±700 ft 1 ........................ 5′ to 35′ ............. Data should be obtained
tude. certificated alti- (see table, from the air data computer
tude of aircraft. TSO C124a or when practicable.
+ 5000 ft. TSO C51a).
3. Indicated air- 50 KIAS or min- ±5% and ±3% .... 1 ........................ 1 kt .................... Data should be obtained
speed or Cali- imum value to from the air data computer
brated airspeed. Max Vso, to 1.2 when practicable.
V.D.
4, Heading (Pri- 0–360° and Dis- ±2° ..................... 1 ........................ 0.5° .................... When true or magnetic head-
mary flight crew crete ‘‘true’’ or ing can be selected as the
reference). ‘‘mag’’. primary heading reference,
a discrete indicating selec-
tion must be recorded.
5. Normal Accel- ¥3g to + 6g ...... ±1% of max 0.125 ................. 0.004g.
eration range exclud-
(Vertical) 9. ing datum
error of ±5%.
6. Pitch Attitude .. ±75° ................... ±2° ..................... 1 or 0.25 for air- 0.5° .................... A sampling rate of 0.25 is
planes oper- recommended.
ated under
§ 125.226(f).
7. Roll Attitude 2 .. ±180° ................. ±2° ..................... 1 or 0.5 for air- 0.5° .................... A sampling rate of 0.5 is rec-
planes oper- ommended.
ated under
§ 121.344(f).
8. Manual Radio On-Off (Discrete) ........................... 1 ........................ ........................... Preferably each crew mem-
Transmitter None. ber but one discrete ac-
Keying or CVR/ ceptable for all trans-
DFDR synchro- mission provided the CVR/
lpowell on DSK54DXVN1OFR with $$_JOB

nization FDR system complies with


reference ............. TSO C124a CVR synchro-
nization requirements
(paragraph 4.2.1 ED–55).

368

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Federal Aviation Administration, DOT Pt. 125, App. E
The recorded values must meet the designated range, resolution and accuracy requirements during static and dynamic condi-
tions. Dynamic condition means the parameter is experiencing change at the maximum rate attainable, including the maximum
rate of reversal. All data recorded must be correlated in time to within one second.

Accuracy (sensor Seconds per


Parameters Range Resolution Remarks
input) sampling interval

9. Thrust/Power Full Range For- ±2% ................... 1 (per engine) ... 0.3% of full Sufficient parameters (e.g.,
on each en- ward. range. EPR, N1 or Torque, NP)
gine—primary as appropriate to the par-
flight crew ref- ticular engine being re-
erence. corded to determine power
in forward and reverse
thrust, including potential
overspeed condition.
10. Autopilot En- Discrete ‘‘on’’ or ........................... 1.
gagement. ‘‘off’’.
11. Longitudinal ±1g .................... ±1.5% max. 0.25 ................... 0.004g.
Acceleration. range exclud-
ing datum
error of ±5%.
12a. Pitch con- Full range .......... ±2° unless high- 0.5 or 0.25 for 0.5% of full For airplanes that have a
trol(s) position er accuracy airplanes oper- range. flight control breakaway
(nonfly-by-wire uniquely re- ated under capability that allows either
systems) 18. quired. § 125.226(f). pilot to operate the controls
independently, record both
control inputs. The control
inputs may be sampled al-
ternately once per second
to produce the sampling in-
terval of 0.5 or 0.25, as ap-
plicable.
12b. Pitch con- Full range .......... ±2° unless high- 0.5 or 0.25 for 0.2% of full
trol(s) position er accuracy airplanes oper- range.
(fly-by-wire sys- uniquely re- ated under
tems) 3 18. quired. § 125.226(f).
13a. Lateral con- Full range .......... ±2° unless high- 0.5 or 0.25 for 0.2% of full For airplanes that have a
trol position(s) er accuracy airplanes oper- range. flight control break away
(nonfly-by- uniquely re- ated under capability that allows either
wire) 18. quired. § 125.226(f). pilot to operate the controls
independently, record both
control inputs. The control
inputs may be sampled al-
ternately once per second
to produce the sampling in-
terval of 0.5 or 0.25, as ap-
plicable.
13b. Lateral con- Full range .......... ±2° unless high- 0.5 or 0.25 for 0.2% of full
trol position(s) er accuracy airplanes oper- range.
(fly-by-wire) 4 18. uniquely re- ated under
quired. § 125.226(f).
14a.Yaw control Full range .......... ±2° unless high- 0.5 ..................... 0.3% of full For airplanes that have a
position(s) er accuracy range. flight control breakaway
(nonfly-by- uniquely re- capability that allows either
wire) 5 18. quired. pilot to operate the controls
independently, record both
control inputs. The control
inputs may be sampled al-
ternately once per second
to produce the sampling in-
terval of 0.5.
14b. Yaw control Full range .......... ±2° unless high- 0.5 ..................... 0.2% of full
position(s) (fly- er accuracy range.
by-wire) 18. uniquely re-
quired.
15. Pitch control Full range .......... ±2° unless high- 0.5 or 0.25 for 0.3% of full For airplanes fitted with mul-
surface(s) posi- er accuracy airplanes oper- range. tiple or split surfaces, a
tion 6 18. uniquely re- ated under suitable combination of in-
quired. § 125.226(f). puts is acceptable in lieu of
recording each surface
separately. The control
lpowell on DSK54DXVN1OFR with $$_JOB

surfaces may be sampled


alternately to produce the
sampling interval of 0.5 or
0.25, as applicable.

369

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Pt. 125, App. E 14 CFR Ch. I (1–1–16 Edition)
The recorded values must meet the designated range, resolution and accuracy requirements during static and dynamic condi-
tions. Dynamic condition means the parameter is experiencing change at the maximum rate attainable, including the maximum
rate of reversal. All data recorded must be correlated in time to within one second.

Accuracy (sensor Seconds per


Parameters Range Resolution Remarks
input) sampling interval

16. Lateral control Full Range ......... ±2° unless high- 0.5 or 0.25 for 0.2% of full A suitable combination of
surface(s) posi- er accuracy airplanes oper- range. surface position sensors is
tion 7 18. uniquely re- ated under acceptable in lieu of re-
quired. § 125.226(f). cording each surface sepa-
rately. The control surfaces
may be sampled alter-
nately to produce the sam-
pling interval of 0.5 or
0.25, as applicable.
17. Yaw control Full range .......... ±2° unless high- 0.5 ..................... 0.2% of full For airplanes fitted with mul-
surface(s) posi- er accuracy range. tiple or split surfaces, a
tion 8 18. uniquely re- suitable combination of
quired. surface position sensors is
acceptable in lieu of re-
cording each surface sepa-
rately. The control surfaces
may be sampled alter-
nately to produce the sam-
pling interval of 0.5.
18. Lateral Accel- ±1g .................... ±1.5% max. 0.25 ................... 0.004g.
eration. range exclud-
ing datum
error of ±5%.
19. Pitch Trim Full Range ......... ±3° Unless High- 1 ........................ 0.6% of full
Surface Posi- er Accuracy range
tion. Uniquely Re-
quired.
20. Trailing Edge Full Range or ±3° or as Pilot’s 2 ........................ 0.5% of full Flap position and cockpit
Flap or Cockpit Each Position indicator. range. control may each be sam-
Control Selec- (discrete). pled at 4 second intervals,
tion. 10. to give a data point every
2 seconds.
21. Leading Edge Full Range or ±3° or as Pilot’s 2 ........................ 0.5% of full Left and right sides, or flap
Flap or Cockpit Each Discrete indicator and range. position and cockpit control
Control Selec- Position. sufficient to may each be sampled at 4
tion. 11. determine second intervals, so as to
each discrete give a data point every 2
position. seconds.
22. Each Thrust Stowed, In Tran- ........................... 1 (per engine). .. ........................... Turbo-jet—2 discretes enable
Reverser Posi- sit, and Re- the 3 states to be deter-
tion (or equiva- verse (Dis- mined.
lent for pro- crete). Turbo-prop—1 discrete.
peller airplane).
23. Ground Spoil- Full Range or ±2° Unless high- 1 or 0.5 for air- 0.2% of full
er Position or Each Position er accuracy planes oper- range.
Speed Brake (discrete). uniquely re- ated under
Selection 12. quired. § 125.226(f).
24. Outside Air ¥50 °C to + 90 ±2 °C ................. 2 ........................ 0.3 °C..
Temperature or °C.
Total Air Tem-
perature. 13.
25. Autopilot/ A suitable com- ........................... 1 ........................ ........................... Discretes should show which
Autothrottle/ bination of systems are engaged and
AFCS Mode discretes. which primary modes are
and Engage- controlling the flight path
ment Status. and speed of the aircraft.
26. Radio Alti- ¥20 ft to 2,500 ±2 ft or ±3% 1 ........................ 1 ft + 5% Above For autoland/category 3 op-
tude 14. ft. Whichever is 500 ft. erations. Each radio altim-
Greater Below eter should be recorded,
500 ft and but arranged so that at
±5% above least one is recorded each
500 ft. second.
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Federal Aviation Administration, DOT Pt. 125, App. E
The recorded values must meet the designated range, resolution and accuracy requirements during static and dynamic condi-
tions. Dynamic condition means the parameter is experiencing change at the maximum rate attainable, including the maximum
rate of reversal. All data recorded must be correlated in time to within one second.

Accuracy (sensor Seconds per


Parameters Range Resolution Remarks
input) sampling interval

27. Localizer De- ±400 Microamps As installed. ±3% 1 ........................ 0.3% of full For autoland/category 3 op-
viation, MLS or available recommended ... range. erations. each system
Azimuth, or sensor range should be recorded but ar-
GPS Lateral as installed ranged so that at least one
Deviation. ±62°. is recorded each second. It
is not necessary to record
ILS and MLS at the same
time, only the approach aid
in use need be recorded.
28. Glideslope ±400 Microamps As installed ±3% 1 ........................ 0.3% of full For autoland/category 3 op-
Deviation, MLS or available recommended ... range. erations. each system
Elevation, or sensor range should be recorded but ar-
GPS Vertical as installed. ranged so that at least one
Deviation. 0.9 to is recorded each second. It
+ 30° .................. is not necessary to record
ILS and MLS at the same
time, only the approach aid
in use need be recorded.
29. Marker Bea- Discrete ‘‘on’’ or ........................... 1 ........................ ........................... A single discrete is accept-
con Passage. ‘‘off’’. able for all markers.
30. Master Warn- Discrete ............. ........................... 1 ........................ ........................... Record the master warning
ing. and record each ‘red’
warning that cannot be de-
termined from other pa-
rameters or from the cock-
pit voice recorder.
31. Air/ground Discrete ‘‘air’’ or ........................... 1 (0.25 rec-
sensor (primary ‘‘ground’’. ommended).
airplane system
reference nose
or main gear).
32. Angle of At- As installed ........ As Installed ....... 2 or 0.5 for air- 0.3% of full If left and right sensors are
tack (If meas- planes oper- range. available, each may be re-
ured directly). ated under corded at 4 or 1 second in-
§ 125.226(f). tervals, as appropriate, so
as to give a data point at 2
seconds or 0.5 second, as
required.
33. Hydraulic Discrete or avail- ±5% ................... 2 ........................ 0.5% of full
Pressure Low, able sensor range.
Each System. range, ‘‘low’’ or
‘‘normal’’.
34. Groundspeed As Installed ....... Most Accurate 1 ........................ 0.2% of full
Systems In- range.
stalled.
35. GPWS Discrete ‘‘warn- ........................... 1 ........................ ........................... A suitable combination of
(ground prox- ing’’ or ‘‘off’’. discretes unless recorder
imity warning capacity is limited in which
system). case a single discrete for
all modes is acceptable.
36. Landing Gear Discrete ............. ........................... 4 ........................ ........................... A suitable combination of
Position or discretes should be re-
Landing gear corded.
cockpit control
selection.
37. Drift Angle. 15 As installed ........ As installed ........ 4 ........................ 0.1%. .................
38. Wind Speed As installed ........ As installed ........ 4 ........................ 1 knot, and 1.0°.
and Direction.
39. Latitude and As installed ........ As installed ........ 4 ........................ 0.002°, or as in- Provided by the Primary
Longitude. stalled. Navigation System Ref-
erence. Where capacity
permits Latitude/longtitude
resolution should be
0.0002°.
40. Stick shaker Discrete(s) ‘‘on’’ ........................... 1 ........................ ........................... A suitable combination of
lpowell on DSK54DXVN1OFR with $$_JOB

and pusher acti- or ‘‘off’’. discretes to determine acti-


vation. vation.
41. WIndshear Discrete ‘‘warn- ........................... 1
Detection. ing’’ or ‘‘off’’.

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Pt. 125, App. E 14 CFR Ch. I (1–1–16 Edition)
The recorded values must meet the designated range, resolution and accuracy requirements during static and dynamic condi-
tions. Dynamic condition means the parameter is experiencing change at the maximum rate attainable, including the maximum
rate of reversal. All data recorded must be correlated in time to within one second.

Accuracy (sensor Seconds per


Parameters Range Resolution Remarks
input) sampling interval

42. Throttle/power Full Range ......... ±2% ................... 1 for each lever 2% of full range For airplanes with non-me-
lever position. 16. chanically linked cockpit
engine controls.
43. Additional En- As installed ........ As installed ........ Each engine 2% of full range Where capacity permits, the
gine Param- each second. preferred priority is indi-
eters. cated vibration level, N2,
EGT, Fuel Flow, Fuel Cut-
off lever position and N3,
unless engine manufac-
turer recommends other-
wise.
44. Traffic Alert Discretes ........... As installed ........ 1 ........................ ....................... A suitable combination of
and Collision discretes should be re-
Avoidance Sys- corded to determine the
tem (TCAS). status of-Combined Con-
trol, Vertical Control, Up
Advisory, and Down Advi-
sory. (ref. ARINC Char-
acteristic 735 Attachment
6E, TCAS VERTICAL RA
DATA OUTPUT WORD.)
45. DME 1 and 2 0–200 NM ......... As installed ........ 4 ........................ 1 NM ................. 1 mile.
Distance.
46. Nav 1 and 2 Full range .......... As installed ........ 4 ........................ ........................... Sufficient to determine se-
Selected Fre- lected frequency
quency.
47. Selected baro- Full range .......... ±5% ................... (1 per 64 sec.) .. 0.2% of full
metric setting. range.
48. Selected Alti- Full range .......... ±5% ................... 1 ........................ 100 ft.
tude.
49. Selected Full range .......... ±5% ................... 1 ........................ 1 knot.
speed.
50. Selected Full range .......... ±5% ................... 1 ........................ .01.
Mach.
51. Selected Full range .......... ±5% ................... 1 ........................ 100 ft/min.
vertical speed.
52. Selected Full range .......... ±5% ................... 1 ........................ 1°.
heading.
53. Selected flight Full range .......... ±5% ................... 1 ........................ 1°.
path.
54. Selected deci- Full range .......... ±5% ................... 64 ...................... 1 ft.
sion height.
55. EFIS display Discrete(s) ......... ........................... 4 ........................ ........................... Discretes should show the
format. display system status (e.g.,
off, normal, fail, composite,
sector, plan, nav aids,
weather radar, range,
copy).
56. Multi-function/ Discrete(s) ......... ........................... 4 ........................ ........................... Discretes should show the
Engine Alerts display system status (e.g.,
Display format. off, normal, fail, and the
identity of display pages
for emergency procedures,
need not be recorded).
57. Thrust com- Full Range ......... ±2% ................... 2 ........................ 2% of full range
mand. 17.
58. Thrust target Full range .......... ±2% ................... 4 ........................ 2% of full range.
59. Fuel quantity Full range .......... ±5% ................... (1 per 64 sec.) .. 1% of full range.
in CG trim tank.
60. Primary Navi- Discrete GPS, ........................... 4 ........................ ........................... A suitable combination of dis-
gation System INS, VOR/ crete to determine the Pri-
Reference. DME, MLS, mary Navigation System
Loran C, reference.
lpowell on DSK54DXVN1OFR with $$_JOB

Omega, Local-
izer Glideslope.
61. Ice Detection Discrete ‘‘ice’’ or ........................... 4 ........................
‘‘no ice’’.

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Federal Aviation Administration, DOT Pt. 125, App. E
The recorded values must meet the designated range, resolution and accuracy requirements during static and dynamic condi-
tions. Dynamic condition means the parameter is experiencing change at the maximum rate attainable, including the maximum
rate of reversal. All data recorded must be correlated in time to within one second.

Accuracy (sensor Seconds per


Parameters Range Resolution Remarks
input) sampling interval

62. Engine warn- Discrete ............. ........................... 1 ........................


ing each engine
vibration.
63. Engine warn- Discrete ............. ........................... 1 ........................
ing each engine
over temp.
64. Engine warn- Discrete ............. ........................... 1 ........................
ing each engine
oil pressure low.
65. Engine warn- Discrete ............. ........................... 1 ........................
ing each engine
over speed.
66. Yaw Trim Sur- Full Range ......... ±3% Unless 2 ........................ 0.3% of full
face Position. Higher Accu- range..
racy Uniquely
Required.
67. Roll Trim Sur- Full Range ......... ±3% Unless 2 ........................ 0.3% of full
face Position. Higher Accu- range..
racy Uniquely
Required.
68. Brake Pres- As installed ........ ±5% ................... 1 ........................ ........................... To determine braking effort
sure (left and applied by pilots or by
right). autobrakes.
69. Brake Pedal Discrete or Ana- ±5% (Analog) .... 1 ........................ ........................... To determine braking applied
Application (left log ‘‘applied’’ by pilots.
and right). or ‘‘off’’.
70. Yaw or side- Full Range ......... ±5% ................... 1 ........................ 0,5°. ...................
slip angle.
71. Engine bleed Decrete ‘‘open’’ ........................... 4 ........................ ...........................
valve position. or ‘‘closed’’.
72. De-icing or Discrete ‘‘on’’ or ........................... 4 ........................ ...........................
anti-icing sys- ‘‘off’’.
tem selection.
73. Computed Full Range ......... ±5% ................... (1 per 64 sec.) .. 1% of full range.
center of gravity.
74. AC electrical Discrete ‘‘power’’ ........................... 4 ........................ ........................... Each bus.
bus status. or ‘‘off’’.
75. DC electrical Discrete ‘‘power’’ ........................... 4 ........................ ........................... Each bus.
bus status. or ‘‘off’’.
76. APU bleed Discrete ‘‘open’’ ........................... 4. .......................
valve position. or ‘‘closed.
77. Hydraulic Full range .......... ±5% ................... 2 ........................ 100 psi.
Pressure (each
system).
78. Loss of cabin Discrete ‘‘loss’’ ........................... 1. .......................
pressure. or ‘‘normal’’.
79. Computer fail- Discrete ‘‘fail’’ or ........................... 4. .......................
ure (critical ‘‘normal’’.
flight and en-
gine control
systems).
80. Heads-up dis- Discrete(s) ‘‘on’’ ........................... 4. .......................
play (when an or ‘‘off’’.
information
source is in-
stalled).
81. Para-visual Discrete(s) ‘‘on’’ ........................... 1. .......................
display (when or ‘‘off’’.
an information
source is in-
stalled).
82. Cockpit trim Full Range ......... ±5% ................... 1 ........................ 0.2% of full Where mechanical means for
control input po- range. control inputs are not avail-
lpowell on DSK54DXVN1OFR with $$_JOB

sition—pitch. able, cockpit display trim


positions should be re-
corded.

373

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Pt. 125, App. E 14 CFR Ch. I (1–1–16 Edition)
The recorded values must meet the designated range, resolution and accuracy requirements during static and dynamic condi-
tions. Dynamic condition means the parameter is experiencing change at the maximum rate attainable, including the maximum
rate of reversal. All data recorded must be correlated in time to within one second.

Accuracy (sensor Seconds per


Parameters Range Resolution Remarks
input) sampling interval

83. Cockpit trim Full Range ......... ±5% ................... 1 ........................ 0.7% of full Where mechanical means for
control input po- range. control inputs are not avail-
sition—roll. able, cockpit display trim
position should be re-
corded.
84. Cockpit trim Full Range ......... ±5% ................... 1 ........................ 0.3% of full Where mechanical means for
control input po- range. control input are not avail-
sition—yaw. able, cockpit display trim
positions should be re-
corded.
85. Trailing edge Full Range ......... ±5% ................... 2 ........................ 0.5% of full Trailing edge flaps and cock-
flap and cockpit range. pit flap control position
flap control po- may each be sampled al-
sition. ternately at 4 second inter-
vals to provide a sample
each 0.5 second.
86. Leading edge Full Range or ±5% ................... 1 ........................ 0.5% of full
flap and cockpit Discrete. range.
flap control po-
sition.
87. Ground spoil- Full Range or ±5% ................... 0.5 ..................... 0.3% of full
er position and Discrete. range
speed brake se-
lection.
88. All cockpit Full range ±5% ................... 1 ........................ 0.3% of full For fly-by-wire flight control
flight control Control wheel range. systems, where flight con-
input forces ±70 lbs. trol surface position is a
(control wheel, Control column function of the displace-
control column, ±85 lbs. ment of the control input
rudder Rudder pedal device only, it is not nec-
pedal) 18,19. ±165 lbs. essary to record this pa-
rameter. For airplanes that
have a flight control break
away capability that allows
either pilot to operate the
control independently,
record both control force
inputs. The control force
inputs may be sampled al-
ternately once per 2 sec-
onds to produce the sam-
pling interval of 1.
89. Yaw damper Discrete (on/off) 0.5 .....................
status.
90. Yaw damper Full range .......... As installed ........ 0.5 ..................... 1% of full range.
command.
91. Standby rud- Discrete ............. 0.5 .....................
der valve status.
1 For A300 B2/B4 airplanes, resolution = 6 seconds.
2 For A330/A340 series airplanes, resolution = 0.703°.
3 For A318/A319/A320/A321 series airplanes, resolution = 0.275% (0.088°>0.064°)
For A330/A340 series airplanes, resolution = 2.20% (0.703°>0.064°)
4 For A318/A319/A320/A321 series airplanes, resolution = 0.22% (0.088°>0.080°)
For A330/A340 series airplanes, resolution = 1.76% (0.703°>0.080°)
5 For A330/A340 series airplanes, resolution = 1.18% (0.703° >0.120°).
For A330/A340 series airplanes, seconds per sampling interval = 1.
6 For A330/A340 series airplanes, resolution = 0.783% (0.352°>0.090°)
7 For A330/A340 series airplanes, aileron resolution = 0.704% (0.352°>0.100°). For A330/A340 series airplanes, spoiler resolu-
tion = 1.406% (0.703°>0.100°).
8 For A330/A340 series airplanes, resolution = 0.30% (0.176°>0.12°)
For A330/A340 series airplanes, seconds per sampling interval = 1
9 For B–717 series airplanes, resolution = .005g. For Dassault F900C/F900EX airplanes, resolution = .007g.
10 For A330/A340 series airplanes, resolution = 1.05% (0.250°>0.120°)
11 For A330/A340 series airplanes, resolution = 1.05% (0.250°>0.120°). For A330 B2/B4 series airplanes, resolution = 0.92%
(0.230°>0.125°).
12 For A330/A340 series airplanes, spoiler resolution = 1.406% (0.703°>0.100°).
13 For A330/A340 series airplanes, resolution = 0.5°C.
14 For Dassault F900C/F900EX airplanes, Radio Altitude resolution = 1.25 ft.
15 For A330/A340 series airplanes, resolution = 0.352 degrees.
lpowell on DSK54DXVN1OFR with $$_JOB

16 For A318/A319/A320/A321 series airplanes, resolution = 4.32%. For A330/A340 series airplanes, resolution is 3.27% of full
range for throttle lever angle (TLA); for reverse thrust, reverse throttle lever angle (RLA) resolution is nonlinear over the active
reverse thrust range, which is 51.54 degrees to 96.14 degrees. The resolved element is 2.8 degrees uniformly over the entire ac-
tive reverse thrust range, or 2.9% of the full range value of 96.14 degrees.

374

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Federal Aviation Administration, DOT § 129.1
17 For A318/A319/A320/A321 series airplanes, with IAE engines, resolution = 2.58%.
18 For all aircraft manufactured on or after December 6, 2010, the seconds per sampling interval is 0.125. Each input must be
recorded at this rate. Alternately sampling inputs (interleaving) to meet this sampling interval is prohibited.
19 For all 737 model airplanes manufactured between August 19, 2000, and April 6, 2010: The seconds per sampling interval
is 0.5 per control input; the remarks regarding the sampling rate do not apply; a single control wheel force transducer installed on
the left cable control is acceptable provided the left and right control wheel positions also are recorded.

[Doc. No. 28109, 62 FR 38390, July 17, 1997; 62 FR 48135, Sept. 12, 1997, as amended by Amdt.
125–32, 64 FR 46121, Aug. 24, 1999; 65 FR 2295, Jan. 14, 2000; Amdt. 125–32, 65 FR 2295, Jan. 14,
2000; Amdt. 125–34, 65 FR 51745, Aug. 24, 2000; 65 FR 81735, Dec. 27, 2000; Amdt. 125–39, 67 FR
54323, Aug. 21, 2002; Amdt. 125–42, 68 FR 42937, July 18, 2003; 68 FR 50069, Aug. 20, 2003; 68 FR
53877, Sept. 15, 2003; Amdt. 125–54, 73 FR 12568, Mar. 7, 2008; Amdt. 125–56, 73 FR 73180, Dec. 2,
2008; Amdt. 125–60, 75 FR 17046, Apr. 5, 2010; Amdt. 125–59, 75 FR 7357, Feb. 19, 2010; Amdt. 125–
62, 78 FR 39971, July 3, 2013]

PART 129—OPERATIONS: FOREIGN 129.105 Aging airplane inspections and


records reviews for U.S.- registered mul-
AIR CARRIERS AND FOREIGN OP- tiengine aircraft.
ERATORS OF U.S.-REGISTERED 129.107 Repairs assessment for pressurized
AIRCRAFT ENGAGED IN COM- fuselages.
MON CARRIAGE 129.109 Supplemental inspections for U.S.-
registered aircraft.
129.111 Electrical wiring interconnection
Sec.
systems (EWIS) maintenance program.
SPECIAL FEDERAL AVIATION REGULATION NO. 129.113 Fuel tank system maintenance pro-
97 [NOTE] gram.
129.115 Limit of validity.
Subpart A—General 129.117 Flammability reduction means.
129.1 Applicability and definitions.
129.5 Operations specifications. Subpart C—Special Federal Aviation
129.7 Application, issuance, or denial of op- Regulations
erations specifications.
129.201 SFAR No. 111—Lavatory Oxygen
129.9 Contents of operations specifications. Systems.
129.11 Amendment, suspension and termi- APPENDIX A TO PART 129 [RESERVED]
nation of operations specifications.
129.13 Airworthiness and registration cer- AUTHORITY: 49 U.S.C. 1372, 40113, 40119,
tificates. 44101, 44701–44702, 44705, 44709–44711, 44713,
129.14 Maintenance program and minimum 44716–44717, 44722, 44901–44904, 44906, 44912,
equipment list requirements for U.S.-reg- 46105, Pub. L. 107–71 sec. 104.
istered aircraft. SOURCE: Docket No. 1994, 29 FR 1720, Feb. 5,
129.15 Flightcrew member certificates. 1964, unless otherwise noted.
129.17 Aircraft communication and naviga-
tion equipment for operations under IFR SPECIAL FEDERAL AVIATION REGULATION
or over the top.
NO. 97
129.18 Collision Avoidance System.
129.19 Air traffic rules and procedures.
129.20 Digital flight data recorders. EDITORIAL NOTE: For the text of SFAR No.
129.21 Control of traffic. 97, see part 91 of this chapter.
129.22 Communication and navigation
equipment for rotorcraft operations Subpart A—General
under VFR over routes navigated by pi-
lotage. § 129.1 Applicability and definitions.
129.23 Transport category cargo service air-
planes: Increased zero fuel and landing (a) Foreign air carrier operations in the
weights. United States. This part prescribes rules
129.24 Cockpit voice recorders. governing the operation within the
129.25 Airplane security. United States of each foreign air car-
129.28 Flightdeck security. rier holding the following:
129.29 Smoking prohibitions. (1) A permit issued by the U.S. De-
partment of Transportation under 49
Subpart B—Continued Airworthiness and
U.S.C. 41301 through 41306, or
Safety Improvements
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(2) Other appropriate economic or ex-


129.101 Purpose and definition. emption authority issued by the U.S.
129.103 [Reserved] Department of Transportation.

375

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§ 129.5 14 CFR Ch. I (1–1–16 Edition)

(b) Operations of U.S.-registered air- States in common carriage without, or


craft solely outside the United States. In in violation of, appropriate operations
addition to the operations specified specifications.
under paragraph (a) of this section, (e) Each foreign air carrier must keep
§§ 129.5, 129.7, 129.9, 129.11, 129.14, 129.20 each of its employees and other persons
and 129.24, and subpart B of this part used in its operations informed of the
also apply to operations of U.S.-reg- provisions of its operations specifica-
istered aircraft operated solely outside tions that apply to that employee’s or
the United States in common carriage person’s duties and responsibilities.
by a foreign person or foreign air car- (f) Operations specifications issued
rier. under this part are effective until—
(c) Definitions. For the purpose of this (1) The foreign air carrier or foreign
part— person surrenders them to the FAA;
(1) Foreign person means any person (2) The Administrator suspends or
who is not a citizen of the United terminates the operations specifica-
States and who operates a U.S.-reg- tions; or
istered aircraft in common carriage (3) The operations specifications are
solely outside the United States. amended as provided in § 129.11.
(2) Years in service means the calendar (g) Within 30 days after a foreign air
time elapsed since an aircraft was carrier or foreign person terminates
issued its first U.S. or first foreign air- operations under part 129 of this sub-
worthiness certificate. chapter, the operations specifications
[Doc. No. FAA–1999–5401, 67 FR 72762, Dec. 6, must be surrendered by the foreign air
2002, as amended by Amdt. 129–43, 72 FR carrier or foreign person to the respon-
63413, Nov. 8, 2007; Amdt. 129–45, 73 FR 12570, sible Flight Standards District Office.
Mar. 7, 2008; Amdt. 129–45, 74 FR 32801, July (h) No person operating under this
9, 2009; Amdt. 129–49, 76 FR 7489, Feb. 10, 2011] part may operate or list on its oper-
§ 129.5 Operations specifications. ations specifications any airplane list-
ed on operations specifications issued
(a) Each foreign air carrier con- under part 125 of this chapter.
ducting operations within the United
States, and each foreign air carrier or [Doc. No. FAA–2009–0140; 76 FR 7489, Feb. 10,
foreign person operating U.S.-reg- 2011]
istered aircraft solely outside the
§ 129.7 Application, issuance, or denial
United States in common carriage of operations specifications.
must conduct its operations in accord-
ance with operations specifications (a) A foreign air carrier or foreign
issued by the Administrator under this person applying to the FAA for oper-
part. ations specifications under this part
(b) Each foreign air carrier con- must submit an application—
ducting operations within the United (1) In a form and manner prescribed
States must conduct its operations in by the Administrator; and
accordance with the Standards con- (2) At least 90 days before the in-
tained in Annex 1 (Personnel Licens- tended date of operation.
ing), Annex 6 (Operation of Aircraft), (b) An authorized officer or employee
Part I (International Commercial Air of the applicant, having knowledge of
Transport—Aeroplanes) or Part III the matters stated in the application,
(International Operations—Heli- must sign the application and certify
copters), as appropriate, and in Annex 8 in writing that the statements in the
(Airworthiness of Aircraft) to the Con- application are true. The application
vention on International Civil Avia- must include two copies of the appro-
tion. priate written authority issued to that
(c) No foreign air carrier may operate officer or employee by the applicant.
to or from locations within the United (c) A foreign applicant may be issued
States without, or in violation of, ap- operations specifications, if after re-
propriate operations specifications. view, the Administrator finds the ap-
lpowell on DSK54DXVN1OFR with $$_JOB

(d) No foreign air carrier or foreign plicant—


person shall operate U.S.-registered (1) Meets the applicable requirements
aircraft solely outside the United of this part;

376

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Federal Aviation Administration, DOT § 129.11

(2) Holds the economic or exemption istered aircraft solely outside the
authority required by the Department United States in common carriage in
of Transportation, applicable to the op- accordance with § 129.1(b) shall in-
erations to be conducted; clude—
(3) Complies with the applicable secu- (1) The specific location and mailing
rity requirements of 49 CFR chapter address of the principal place of busi-
XII; ness in the State of the Operator and,
(4) Is properly and adequately if different, the address that will serve
equipped to conduct the operations de- as the primary point of contact for cor-
scribed in the operations specifica- respondence between the FAA and the
tions; and foreign air carrier or foreign person;
(5) Holds a valid air operator certifi- (2) Within 1 year after February 10,
cate issued by the State of the Oper- 2011, the designation of an agent for
ator. service within the United States, in-
(d) An application may be denied if cluding the agent’s full name and office
the Administrator finds that the appli- address or usual place of residence;
cant is not properly or adequately (3) In the case of a foreign air carrier,
equipped to conduct the operations to the certificate number and validity of
be described in the operations speci- the foreign air carrier’s Air Operator
fications. Certificate issued by the State of the
[Doc. No. FAA–2009–0140; 76 FR 7489, Feb. 10, Operator;
2011] (4) Any other business names under
which the foreign air carrier or foreign
§ 129.9 Contents of operations speci- person may operate;
fications. (5) The type, registration markings,
(a) The contents of operations speci- and serial number of each United
fications issued to a foreign air carrier States registered aircraft authorized
conducting operations within the for use;
United States under § 129.1(a) shall in- (6) The approved maintenance pro-
clude: gram and minimum equipment list for
(1) The specific location and mailing United States registered aircraft au-
address of the applicant’s principal thorized for use; and
place of business in the State of the (7) Any other item the Administrator
Operator and, if different, the address determines is necessary.
that will serve as the primary point of [Doc. No. FAA–2009–0140; 76 FR 7489, Feb. 10,
contact for correspondence between the 2011; Amdt. 129–49–A, 76 FR 15212, Mar. 21,
FAA and the foreign air carrier; 2011]
(2) Within 1 year after February 10,
2011, the designation of an agent for § 129.11 Amendment, suspension and
service within the United States, in- termination of operations specifica-
tions.
cluding the agent’s full name and office
address or usual place of residence; (a) The Administrator may amend
(3) The certificate number and valid- any operations specifications issued
ity of the foreign air carrier’s Air Oper- under this part if—
ator Certificate issued by the State of (1) The Administrator determines
the Operator; that safety in air commerce and the
(4) Each regular and alternate airport public interest require the amendment;
to be used in scheduled operations; or
(5) The type of aircraft and registra- (2) The foreign air carrier or foreign
tion markings of each aircraft; person applies for an amendment, and
(6) The approved maintenance pro- the Administrator determines that
gram and minimum equipment list for safety in air commerce and the public
United States registered aircraft au- interest allows the amendment.
thorized for use; and (b) The Administrator may suspend
(7) Any other item the Administrator or terminate any operations specifica-
determines is necessary. tions issued under this part if the Ad-
lpowell on DSK54DXVN1OFR with $$_JOB

(b) The contents of operations speci- ministrator determines that safety in


fications issued to a foreign air carrier air commerce and the public interest
or foreign person operating U.S.-reg- require the suspension or termination;

377

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§ 129.11 14 CFR Ch. I (1–1–16 Edition)

(c) Except as provided in paragraphs amendment to become effective in


(f) and (g) of this section, when the Ad- cases of mergers; acquisitions of airline
ministrator initiates an action to operational assets that require an addi-
amend, suspend or terminate a foreign tional showing to Department of
air carrier or foreign person’s oper- Transportation for economic author-
ations specifications, the following ity; major changes in the type of oper-
procedure applies: ation; and resumption of operations
(1) The responsible Flight Standards following a suspension of operations as
District Office notifies the foreign air a result of bankruptcy actions, unless a
carrier or foreign person in writing of shorter time is approved by the Admin-
the proposed amendment, suspension istrator.
or termination. (ii) At least 30 days before the date
(2) The responsible Flight Standards proposed by the applicant for the
District Office sets a reasonable period amendment to become effective in all
(but not less than 7 days) within which other cases.
the foreign air carrier or foreign person (2) The application must be sub-
may submit written information, mitted to the responsible Flight Stand-
views, and arguments on the amend- ards District Office in a form and man-
ment, suspension or termination. ner prescribed by the Administrator.
(3) After considering all material pre- (3) After considering all material pre-
sented, the responsible Flight Stand- sented, the responsible Flight Stand-
ards District Office notifies the foreign ards District Office notifies the foreign
air carrier or foreign person of— air carrier or foreign person of—
(i) The adoption of the proposed (i) The adoption of the applied for
amendment, suspension or termi- amendment;
nation; (ii) The partial adoption of the ap-
(ii) The partial adoption of the pro- plied for amendment; or
posed amendment, suspension or termi- (iii) The denial of the applied for
nation; or amendment.
(iii) The withdrawal of the proposed (4) If the responsible Flight Stand-
amendment, suspension or termi- ards District Office approves the
nation. amendment, following coordination
(4) If the responsible Flight Stand- with the foreign air carrier or foreign
ards District Office issues an action to person regarding its implementation,
amend, suspend or terminate the oper- the amendment is effective on the date
ations specifications, it becomes effec- the responsible Flight Standards Dis-
tive not less than 30 days after the for- trict Office approves it.
eign air carrier or foreign person re- (e) The foreign air carrier or foreign
ceives notice of it unless— person may petition for reconsider-
(i) The responsible Flight Standards ation of a full or partial adoption of an
District Office finds under paragraph amendment, a denial of an amendment
(g) of this section that there is an or a suspension or termination of oper-
emergency requiring immediate action ations specifications.
with respect to safety in air commerce; (f) When a foreign air carrier or for-
or eign person seeks reconsideration of a
(ii) The foreign air carrier or foreign decision from the responsible Flight
person petitions for reconsideration of Standards District Office concerning
the amendment, suspension or termi- the amendment, suspension or termi-
nation under paragraph (e) of this sec- nation of operations specifications, the
tion. following procedure applies:
(d) When the foreign air carrier or (1) The foreign air carrier or foreign
foreign person applies for an amend- person must petition for reconsider-
ment to its operations specifications, ation of that decision within 30 days
the following procedure applies: after the date that the foreign air car-
(1) The foreign air carrier or foreign rier or foreign person receives a notice
person must file an application to of the decision.
lpowell on DSK54DXVN1OFR with $$_JOB

amend its operations specifications— (2) The foreign air carrier or foreign
(i) At least 90 days before the date person must address its petition to the
proposed by the applicant for the Director, Flight Standards Service.

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Federal Aviation Administration, DOT § 129.14

(3) A petition for reconsideration, if that operation by the country of manu-


filed within the 30-day period, suspends facture of the aircraft.
the effectiveness of any amendment,
[Doc. No. 1994, 29 FR 1720, Feb. 5, 1964, as
suspension or termination issued by
amended by Amdt. 129–33, 67 FR 42455, June
the responsible Flight Standards Dis-
21, 2002; Amdt. 129–49, 76 FR 7490, Feb. 10,
trict Office unless the responsible 2011]
Flight Standards District Office has
found, under paragraph (g) of this sec- § 129.14 Maintenance program and
tion, that an emergency exists requir- minimum equipment list require-
ing immediate action with respect to ments for U.S.-registered aircraft.
safety in air transportation or air com-
merce. (a) Each foreign air carrier and each
(g) If the responsible Flight Stand- foreign person operating a U.S.-reg-
ards District Office finds that an emer- istered aircraft within or outside the
gency exists requiring immediate ac- United States in common carriage
tion with respect to safety in air com- must ensure that each aircraft is main-
merce or air transportation that makes tained in accordance with a program
the procedures set out in this section approved by the Administrator in the
impracticable or contrary to the public operations specifications.
interest, that office may make the (b) No foreign air carrier or foreign
amendment, suspension or termination person may operate a U.S.-registered
effective on the day the foreign air car- aircraft with inoperable instruments or
rier or foreign person receives notice of equipment unless the following condi-
it. In the notice to the foreign air car- tions are met:
rier or foreign person, the responsible (1) A master minimum equipment list
Flight Standards District Office will
exists for the aircraft type.
articulate the reasons for its finding
(2) The foreign operator submits for
that an emergency exists requiring im-
mediate action with respect to safety review and approval its aircraft min-
in air transportation or air commerce imum equipment list based on the mas-
or that makes it impracticable or con- ter minimum equipment list, to the
trary to the public interest to stay the FAA Flight Standards District Office
effectiveness of the amendment, sus- having geographic responsibility for
pension or termination. the operator. The foreign operator
must show, before minimum equipment
[Doc. No. FAA–2009–0140, 76 FR 7490, Feb. 10,
2011]
list approval can be obtained, that the
maintenance procedures used under its
§ 129.13 Airworthiness and registra- maintenance program are adequate to
tion certificates. support the use of its minimum equip-
(a) No foreign air carrier may operate ment list.
any aircraft within the United States (3) For leased aircraft maintained
unless that aircraft carries a current and operated under a U.S. operator’s
registration certificate and displays continuous airworthiness maintenance
the nationality and registration mark- program and FAA-approved minimum
ings of the State of Registry, and an equipment list, the foreign operator
airworthiness certificate issued or vali- submits the U.S. operator’s approved
dated by: continuous airworthiness maintenance
(1) The State of Registry; or program and approved aircraft min-
(2) The State of the Operator, pro- imum equipment list to the FAA office
vided that the State of the Operator prescribed in paragraph (b)(2) of this
and the State of Registry have entered section for review and evaluation. The
into an agreement under Article 83bis foreign operator must show that it is
of the Convention on International
capable of operating under the lessor’s
Civil Aviation that covers the aircraft.
approved maintenance program and
(b) No foreign air carrier may operate
a foreign aircraft within the United that it is also capable of meeting the
lpowell on DSK54DXVN1OFR with $$_JOB

States except in accordance with the maintenance and operational require-


limitations on maximum certificated ments specified in the lessor’s approved
weights prescribed for that aircraft and minimum equipment list.

379

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§ 129.15 14 CFR Ch. I (1–1–16 Edition)

(4) The FAA operations specification approach procedures if a missed ap-


permitting the operator to use an ap- proach routing is specified in the pro-
proved minimum equipment list is car- cedure) are available and suitable for
ried aboard the aircraft. An approved use by the aircraft navigation equip-
minimum equipment list, as authorized ment required by this section;
by the operations specifications, con- (2) The aircraft used in those oper-
stitutes an approved change to the ations is equipped with at least the fol-
type design without requiring recertifi- lowing—
cation. (i) Except as provided in paragraph
(5) The approved minimum equip-
(c) of this section, two approved inde-
ment list provides for the operation of
pendent navigation systems suitable
the aircraft with certain instruments
for navigating the aircraft along the
and equipment in an inoperable condi-
tion. route to be flown within the degree of
(6) The aircraft records available to accuracy required for ATC;
the pilot must include an entry de- (ii) One marker beacon receiver pro-
scribing the inoperable instruments viding visual and aural signals; and
and equipment. (iii) One ILS receiver; and
(7) The aircraft is operated under all (3) Any RNAV system used to meet
applicable conditions and limitations the navigation equipment require-
contained in the minimum equipment ments of this section is authorized in
list and the operations specification the foreign air carrier’s operations
authorizing the use of the list. specifications.
[Doc. No. 24856, 52 FR 20029, May 28, 1987, as (b) Aircraft communication equipment
amended by Amdt. 129–49, 76 FR 7490, Feb. 10, requirements. No foreign air carrier may
2011] operate an aircraft under IFR or over
the top, unless it is equipped with—
§ 129.15 Flightcrew member certifi- (1) At least two independent commu-
cates.
nication systems necessary under nor-
Each person acting as a flightcrew mal operating conditions to fulfill the
member must hold a certificate or li- functions specified in § 121.347(a) of this
cense that shows the person’s ability to chapter; and
perform duties in connection with the (2) At least one of the communica-
operation of the aircraft. The certifi- tion systems required by paragraph
cate or license must have been issued (b)(1) of this section must have two-
or rendered valid by: way voice communication capability.
(a) The State in which the aircraft is
(c) Use of a single independent naviga-
registered; or
tion system for operations under IFR or
(b) The State of the Operator, pro-
vided that the State of the Operator over the top. Notwithstanding the re-
and the State of Registry have entered quirements of paragraph (a)(2)(i) of this
into an agreement under Article 83bis section, the aircraft may be equipped
of the Convention on International with a single independent navigation
Civil Aviation that covers the aircraft. system suitable for navigating the air-
craft along the route to be flown with-
[Doc. No. FAA–2009–0140; 76 FR 7491, Feb. 10, in the degree of accuracy required for
2011]
ATC if:
§ 129.17 Aircraft communication and (1) It can be shown that the aircraft
navigation equipment for oper- is equipped with at least one other
ations under IFR or over the top. independent navigation system suit-
(a) Aircraft navigation equipment re- able, in the event of loss of the naviga-
quirements—General. No foreign air car- tion capability of the single inde-
rier may conduct operations under IFR pendent navigation system permitted
or over the top unless— by this paragraph at any point along
(1) The en route navigation aids nec- the route, for proceeding safely to a
essary for navigating the aircraft along suitable airport and completing an in-
lpowell on DSK54DXVN1OFR with $$_JOB

the route (e.g., ATS routes, arrival and strument approach; and
departure routes, and instrument ap- (2) The aircraft has sufficient fuel so
proach procedures, including missed that the flight may proceed safely to a

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Federal Aviation Administration, DOT § 129.21

suitable airport by use of the remain- dures, of the areas to be traversed by


ing navigation system, and complete him within the United States.
an instrument approach and land. (b) Each foreign air carrier shall es-
(d) VOR navigation equipment. If VOR tablish procedures to assure that each
navigation equipment is required by of its pilots has the knowledge required
paragraph (a) or (c) of this section, no by paragraph (a) of this section and
foreign air carrier may operate an air- shall check the ability of each of its pi-
craft unless it is equipped with at least lots to operate safely according to ap-
one approved DME or suitable RNAV plicable rules and procedures.
system.
(c) Each foreign air carrier shall con-
[Doc. No. FAA–2002–14002, 72 FR 31683, June 7, form to the practices, procedures, and
2007] other requirements prescribed by the
Administrator for U.S. air carriers for
§ 129.18 Collision avoidance system.
the areas to be operated in.
Effective January 1, 2005, any air-
plane you, as a foreign air carrier, op- § 129.20 Digital flight data recorders.
erate under part 129 must be equipped
and operated according to the fol- No person may operate an aircraft
lowing table: under this part that is registered in the
United States unless it is equipped
COLLISION AVOIDANCE SYSTEMS with one or more approved flight re-
corders that use a digital method of re-
If you operate in the
United States any Then you must operate that airplane cording and storing data and a method
with:
. . . of readily retrieving that data from the
(a) Turbine-powered (1) An appropriate class of Mode S storage medium. The flight data re-
airplane of more transponder that meets Technical corder must record the parameters
than 33,000 Standard Order (TSO) C–112, or a that would be required to be recorded if
pounds maximum later version, and one of the
certificated take- followign approved units; the aircraft were operated under part
off weight. (i) TCAS II that meets TSO C–119b 121, 125, or 135 of this chapter, and must
(version 7.0), or takeoff weight a be installed by the compliance times
later version.
(ii) TCAS II that meets TSO C–119a required by those parts, as applicable
(version 6.04A Enhanced) that was to the aircraft.
installed in that airplane before May
1, 2003. If that TCAS II version [Doc. No. 28109, 62 FR 38396, July 17, 1997]
6.04A Enhanced no longer can be
repaired to TSO C–119a standards,
it must be replaced with a TCAS II
§ 129.21 Control of traffic.
that meets TSO C–119b (version (a) Subject to applicable immigration
7.0), or a later version.
(iii) A collision avoidance system equiv- laws and regulations, each foreign air
alent to TSO C–119b (version 7.0), carrier must furnish sufficient per-
or a later version, capable of coordi- sonnel necessary to provide two-way
nating with units that meet TSO C–
119a (version 6.04A Enhanced), or a voice communications between its air-
later version. craft and stations at places where the
(b) Turbine-powered (1) TCAS I that meets TSO C–118, or FAA finds that communication is nec-
airplane with a a later version, or
passenger-seat (2) A collision avoidance system equiv- essary but cannot be maintained in a
configuration, ex- alent to excluding any TSO C–118, language with which station operators
cluding any pilot or a later version, or are familiar.
seat, or 10–30 (3) A collision avoidance system and
seats. Mode S transponder that meet para- (b) Each person furnished by a for-
graph (a)(1) of this section. eign air carrier under paragraph (a) of
this section must be able to speak
[Doc. No. FAA–2001–10910, 68 FR 15903, Apr. 1, English and the language necessary to
2003] maintain communications with its air-
craft and must assist station operators
§ 129.19 Air traffic rules and proce- in directing traffic.
dures.
(a) Each pilot must be familiar with [Doc. No. FAA–2002–14002, 72 FR 31683, June 7,
lpowell on DSK54DXVN1OFR with $$_JOB

the applicable rules, the navigational 2007]


and communications facilities, and the
air traffic control and other proce-

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§ 129.22 14 CFR Ch. I (1–1–16 Edition)

§ 129.22 Communication and naviga- landing weight may be increased be-


tion equipment for rotorcraft oper- yond the maximum approved in full
ations under VFR over routes navi- compliance with applicable rules only
gated by pilotage. if the Administrator finds that—
(a) No foreign air carrier may operate (1) The increase is not likely to re-
a rotorcraft under VFR over routes duce seriously the structural strength;
that can be navigated by pilotage un- (2) The probability of sudden fatigue
less the rotorcraft is equipped with the failure is not noticeably increased;
radio communication equipment nec- (3) The flutter, deformation, and vi-
essary under normal operating condi- bration characteristics do not fall
tions to fulfill the following: below those required by applicable reg-
(1) Communicate with at least one ulations; and
appropriate station from any point on (4) All other applicable weight limi-
the route; tations will be met.
(2) Communicate with appropriate air (c) No zero fuel weight may be in-
traffic control facilities from any point creased by more than five percent, and
within Class B, Class C, or Class D air- the increase in the structural landing
space, or within a Class E surface area weight may not exceed the amount, in
designated for an airport in which pounds, of the increase in zero fuel
flights are intended; and weight.
(3) Receive meteorological informa- (d) Each airplane must be inspected
tion from any point en route. in accordance with the approved spe-
(b) No foreign air carrier may operate cial inspection procedures, for oper-
a rotorcraft at night under VFR over ations at increased weights, estab-
routes that can be navigated by pilot- lished and issued by the manufacturer
age unless that rotorcraft is equipped of the type of airplane.
with— (e) A foreign air carrier may not op-
(1) Radio communication equipment erate an airplane under this section un-
necessary under normal operating con- less the country of registry requires
ditions to fulfill the functions specified the airplane to be operated in accord-
in paragraph (a) of this section; and ance with the passenger-carrying
(2) Navigation equipment suitable for transport category performance oper-
the route to be flown. ating limitations in part 121 or the
equivalent.
[Doc. No. FAA–2002–14002, 72 FR 31683, June 7, (f) The Airplane Flight Manual for
2007] each airplane operated under this sec-
§ 129.23 Transport category cargo tion must be appropriately revised to
service airplanes: Increased zero include the operating limitations and
fuel and landing weights. information needed for operation at
the increased weights.
(a) Notwithstanding the applicable
(g) Each airplane operated at an in-
structural provisions of the transport
creased weight under this section
category airworthiness regulations,
must, before it is used in passenger
but subject to paragraphs (b) through
service, be inspected under the special
(g) of this section, a foreign air carrier
inspection procedures for return to pas-
may operate (for cargo service only)
senger service established and issued
any of the following transport category
by the manufacturer and approved by
airplanes (certificated under part 4b of
the Administrator.
the Civil Air Regulations effective be-
fore March 13, 1956) at increased zero [Doc. No. 6403, 29 FR 19098, Dec. 30, 1964]
fuel and landing weights—
(1) DC–6A, DC–6B, DC–7B, and DC–7C; § 129.24 Cockpit voice recorders.
and No person may operate an aircraft
(2) L–1049 B, C, D, E, F, G, and H, and under this part that is registered in the
the L–1649A when modified in accord- United States unless it is equipped
ance with supplemental type certifi- with an approved cockpit voice re-
cate SA 4–1402. corder that meets the standards of
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(b) The zero fuel weight (maximum TSO–C123a, or later revision. The cock-
weight of the airplane with no dispos- pit voice recorder must record the in-
able fuel and oil) and the structural formation that would be required to be

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Federal Aviation Administration, DOT § 129.28

recorded if the aircraft were operated unless the airplane’s flightdeck door
under part 121, 125, or 135 of this chap- installation meets the requirements of
ter, and must be installed by the com- paragraphs (c)(1) and(2) of this section
pliance times required by that part, as or an alternative standard found ac-
applicable to the aircraft. ceptable to the Administrator.
[Doc. No. FAA–2005–20245, 73 FR 12570, Mar. 7, (1) Except for a newly manufactured
2008] airplane on a non-revenue delivery
flight, no foreign air carrier covered by
§ 129.25 Airplane security. § 129.1(a) may operate:
Foreign air carriers conducting oper- (i) After April 9, 2003, a passenger
ations under this part must comply carrying transport category airplane
with the applicable security require- within the United States, except on
ments in 49 CFR chapter XII. overflights, unless the airplane’s
[67 FR 8350, Feb. 22, 2002] flightdeck door installation meets the
requirements of paragraphs (c)(2) and
§ 129.28 Flightdeck security. (c)(3) of this section or an alternative
(a) After August 20, 2002, except for a standard found acceptable to the Ad-
newly manufactured airplane on a non- ministrator.
revenue delivery flight, no foreign air (ii) After October 1, 2003, a transport
carrier covered by § 129.1(a), may oper- category all-cargo airplane that had a
ate: door installed between the pilot com-
(1) A passenger carrying transport partment and any other occupied com-
category airplane within the United partment on or after June 21, 2002,
States, except for overflights, unless within the United States, except on
the airplane is equipped with a door be- overflights, unless the airplane’s
tween the passenger and pilot compart- flightdeck door installation meets the
ment that incorporates features to re- requirements of paragraphs (c)(2) and
strict the unwanted entry of persons (c)(3) of this section or an alternative
into the flightdeck that are operable standard found acceptable to the Ad-
from the flightdeck only; or ministrator; or the operator must im-
(2) A transport category all-cargo plement a security program approved
airplane within the United States, ex- by the Transportation Security Admin-
cept for overflights, that has a door in- istration (TSA) for the operation of all
stalled between the pilot compartment airplanes in that operator’s fleet.
and any other occupied compartment (2) The door must resist forcible in-
on or after June 21, 2002, unless the trusion by unauthorized persons and be
door incorporates features to restrict capable of withstanding impacts of 300
the unwanted entry of persons into the joules (221.3 foot-pounds) at the critical
flightdeck that are operable from the
locations on the door, as well as a 1,113-
flightdeck only.
newton (250 pounds) constant tensile
(b) To the extent necessary to meet
load on the knob or handle, and
the requirements of paragraph (a) of
this section, the requirements of (3) The door must resist penetration
§ 129.13(a) to maintain airworthiness by small arms fire and fragmentation
certification are waived until April 9, devices to a level equivalent to Level
2003. After that date, the requirements IIIa of the National Institute of Justice
of § 129.13(a) apply in full. Standard (NIJ) 0101.04.
(c) After April 9, 2003, except for a (d) After August 20, 2002, no foreign
newly manufactured airplane on a non- air carrier covered by § 129.1 may oper-
revenue delivery flight, no foreign air ate a passenger carrying transport cat-
carrier covered by § 129.1(a) may oper- egory airplane, or a transport category
ate a passenger carrying transport cat- all-cargo airplane that has a door in-
egory airplane, or a transport category stalled between the pilot compartment
all-cargo airplane that has a door in- and any other occupied compartment
stalled between the pilot compartment on or after June 21, 2002, within the
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and any other occupied compartment United States, except for overflights,
on or after June 21, 2002, within the unless the carrier has procedures in
United States, except for overflights, place that are acceptable to the civil

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§ 129.29 14 CFR Ch. I (1–1–16 Edition)

aviation authority responsible for over- Subpart B—Continued Airworthi-


sight of the foreign air carriers oper- ness and Safety Improve-
ating under this part to prevent access
to the flightdeck except as authorized ments
as follows: § 129.101 Purpose and definition.
(1) No person other than a person who
is assigned to perform duty on the (a) This subpart requires a foreign
flight deck may have a key to the person or foreign air carrier operating
flight deck door that will provide ac- a U.S. registered airplane in common
cess to the flightdeck. carriage to support the continued air-
(2) Except when it is necessary to worthiness of each airplane. These re-
permit access and egress by persons au- quirements may include, but are not
thorized in accordance with paragraph limited to, revising the maintenance
(d)(3) of this section, a pilot in com- program, incorporating design changes,
mand of an airplane that has a lock- and incorporating revisions to Instruc-
able flight deck door in accordance tions for Continued Airworthiness.
with § 129.28(a) and that is carrying pas-
(b) For purposes of this subpart, the
sengers shall ensure that the door sepa-
rating the flight crew compartment ‘‘FAA Oversight Office’’ is the aircraft
from the passenger compartment is certification office or office of the
closed and locked at all times when the Transport Airplane Directorate with
airplane is being operated. oversight responsibility for the rel-
(3) No person may admit any person evant type certificate or supplemental
to the flight deck of an airplane unless type certificate, as determined by the
the person being admitted is— Administrator.
(i) A crewmember,
[Amdt. 129–43, 72 FR 63413, Nov. 8, 2007]
(ii) An inspector of the civil aviation
authority responsible for oversight of § 129.103 [Reserved]
the part 129 operator, or
(iii) Any other person authorized by § 129.105 Aging airplane inspections
the civil aviation authority responsible and records reviews for U.S.-reg-
for oversight of the part 129 operator. istered multiengine aircraft.
(e) The requirements of paragraph (a)
through (d) except (d)(3), do not apply (a) Operation after inspection and
to transport category passenger car- records review. After the dates specified
rying airplanes originally type certifi- in this paragraph, a foreign air carrier
cated with a maximum passenger seat- or foreign person may not operate a
ing configuration of 19 seats or less, or U.S.-registered multiengine airplane
to all-cargo airplanes with a payload under this part unless the Adminis-
capacity of 7,500 pounds or less. trator has notified the foreign air car-
[Doc. No. FAA–2002–12504, 67 FR 79824, Dec.
rier or foreign person that the Admin-
30, 2002, as amended by Amdt. 129–38, 68 FR istrator has completed the aging air-
42882, July 18, 2003] plane inspection and records review re-
quired by this section. During the in-
§ 129.29 Smoking prohibitions. spection and records review, the for-
(a) No person may smoke and no op- eign air carrier or foreign person must
erator may permit smoking in any air- demonstrate to the Administrator that
craft lavatory. the maintenance of age sensitive parts
(b) Unless otherwise authorized by and components of the airplane has
the Secretary of Transportation, no been adequate and timely enough to
person may smoke and no operator ensure the highest degree of safety.
may permit smoking anywhere on the (1) Airplanes exceeding 24 years in serv-
aircraft (including the passenger cabin ice on December 8, 2003; initial and re-
and the flight deck) during scheduled petitive inspections and records reviews.
passenger foreign air transportation or
For an airplane that has exceeded 24
during any scheduled passenger inter-
years in service on December 8, 2003, no
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state or intrastate air transportation.


later than December 5, 2007, and there-
[Doc. No. FAA–2000–7467, 65 FR 36780, June 9, after at intervals not to exceed 7 years.
2000]

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Federal Aviation Administration, DOT § 129.107

(2) Airplanes exceeding 14 years in serv- (9) A list of major structural alter-
ice but not 24 years in service on Decem- ations; and
ber 8, 2003; initial and repetitive inspec- (10) A report of major structural re-
tions and records reviews. For an air- pairs and the current inspection status
plane that has exceeded 14 years in for those repairs.
service, but not 24 years in service, on (d) Notification to Administrator. Each
December 8, 2003, no later than Decem- foreign air carrier or foreign person
ber 4, 2008, and thereafter at intervals must notify the Administrator at least
not to exceed 7 years. 60 days before the date on which the
(3) Airplanes not exceeding 14 years in airplane and airplane records will be
service on December 8, 2003; initial and made available for the inspection and
repetitive inspections and records reviews. records review.
For an airplane that has not exceeded
14 years in service on December 8, 2003, [Doc. No. FAA–1999–5401, 67 FR 72763, Dec. 6,
2002, as amended by Amdt. 129–34, 70 FR 5533,
no later than 5 years after the start of
Feb. 2, 2005; Amdt. 129–41, 70 FR 23936, May 6,
the airplane’s 15th year in service and 2005. Redesignated by Amdt. 129–43, 72 FR
thereafter at intervals not to exceed 7 63413, Nov. 8, 2007]
years.
(b) Unforeseen schedule conflict. In the § 129.107 Repairs assessment for pres-
event of an unforeseen scheduling con- surized fuselages.
flict for a specific airplane, the Admin- (a) No foreign air carrier or foreign
istrator may approve an extension of persons operating a U.S. registered air-
up to 90 days beyond an interval speci- plane may operate an Airbus Model
fied in paragraph (b) of this section. A300 (excluding ¥600 series), British
(c) Airplane and records availability. Aerospace Model BAC 1–11, Boeing
The foreign air carrier or foreign per- Model 707, 720, 727, 737, or 747, McDon-
son must make available to the Admin- nell Douglas Model DC–8, DC–9/MD–80
istrator each U.S.-registered multien- or DC–10, Fokker Model F28, or Lock-
gine airplane for which an inspection heed Model L–1011 beyond the applica-
and records review is required under ble flight cycle implementation time
this section, in a condition for inspec- specified below, or May 25, 2001, which-
tion specified by the Administrator, to- ever occurs later, unless operations
gether with the records containing the specifications have been issued to ref-
following information: erence repair assessment guidelines ap-
(1) Total years in service of the air- plicable to the fuselage pressure bound-
plane; ary (fuselage skin, door skin, and bulk-
(2) Total time in service of the air- head webs), and those guidelines are in-
frame; corporated in its maintenance pro-
(3) Total flight cycles of the air- gram. The repair assessment guidelines
frame; must be approved by the FAA Aircraft
(4) Date of the last inspection and Certification Office (ACO), or office of
records review required by this section; the Transport Airplane Directorate,
(5) Current status of life-limited having cognizance over the type cer-
parts of the airframe; tificate for the affected airplane.
(6) Time since the last overhaul of all (1) For the Airbus Model A300 (ex-
structural components required to be cluding the –600 series), the flight cycle
overhauled on a specific time basis; implementation time is:
(7) Current inspection status of the (i) Model B2: 36,000 flights.
airplane, including the time since the (ii) Model B4–100 (including Model
last inspection required by the inspec- B4–2C): 30,000 flights above the window
tion program under which the airplane line, and 36,000 flights below the win-
is maintained; dow line.
(8) Current status of applicable air- (iii) Model B4–200: 25,500 flights above
worthiness directives, including the the window line, and 34,000 flights
date and methods of compliance, and if below the window line.
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the airworthiness directive involves re- (2) For all models of the British Aero-
curring action, the time and date when space BAC 1–11, the flight cycle imple-
the next action is required; mentation time is 60,000 flights.

385

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§ 129.109 14 CFR Ch. I (1–1–16 Edition)

(3) For all models of the Boeing 707, airplane includes FAA-approved dam-
the flight cycle implementation time is age-tolerance-based inspections and
15,000 flights. procedures for airplane structure sus-
(4) For all models of the Boeing 720, ceptible to fatigue cracking that could
the flight cycle implementation time is contribute to a catastrophic failure.
23,000 flights. For the purpose of this section, this
(5) For all models of the Boeing 727, structure is termed ‘‘fatigue critical
the flight cycle implementation time is structure.’’
45,000 flights. (2) Adverse effects of repairs, alter-
(6) For all models of the Boeing 737, ations, and modifications. The mainte-
the flight cycle implementation time is nance program for the airplane in-
60,00 flights. cludes a means for addressing the ad-
(7) For all models of the Boeing 747, verse effects repairs, alterations, and
the flight cycle implementation time is modifications may have on fatigue
15,000 flights. critical structure and on inspections
(8) For all models of the McDonnell required by paragraph (b)(1) of this sec-
Douglas DC–8, the flight cycle imple- tion. The means for addressing these
mentation time is 30,000 flights. adverse effects must be approved by
(9) For all models of the McDonnell the FAA Oversight Office.
Douglas DC–9/MD–80, the flight cycle (3) Changes to maintenance program.
implementation time is 60,000 flights. The changes made to the maintenance
(10) For all models of the McDonnell program required by paragraph (b)(1)
Douglas DC–10, the flight cycle imple- and (b)(2) of this section, and any later
mentation time is 30,000 flights. revisions to these changes, must be
(11) For all models of the Lockheed submitted to the Principal Mainte-
L–1011, the flight cycle implementation nance Inspector for review and ap-
time is 27,000 flights. proval.
(12) For the Fokker F–28 Mark 1000, [Doc. No. FAA–1999–5401, 70 FR 5532, Feb. 2,
2000, 3000, and 4000, the flight cycle im- 2005. Redesignated by Amdt. 129–43, 72 FR
plementation time is 60,000 flights. 63413, Nov. 8, 2007; Amdt. 129–44, 72 FR 70508,
(b) [Reserved] Dec. 12, 2007]
[Doc. No. 29104, 65 FR 24126, Apr. 25, 2000; 65 § 129.111 Electrical wiring inter-
FR 35703, June 5, 2000, as amended by Amdt. connection systems (EWIS) mainte-
129–30, 66 FR 23131, May 7, 2001; Amdt. 129–35, nance program.
67 FR 72834, Dec. 9, 2002; Amdt. 129–39, 69 FR
45942, July 30, 2004. Redesignated and amend- (a) Except as provided in paragraph
ed by Amdt. 129–43, 72 FR 63413, Nov. 8, 2007] (f) of this section, this section applies
to transport category, turbine-powered
§ 129.109 Supplemental inspections for airplanes with a type certificate issued
U.S.-registered aircraft. after January 1, 1958, that, as a result
(a) Applicability. This section applies of original type certification or later
to U.S.-registered, transport category, increase in capacity, have—
turbine powered airplanes with a type (1) A maximum type-certificated pas-
certificate issued after January 1, 1958 senger capacity of 30 or more, or
that as a result of original type certifi- (2) A maximum payload capacity of
cation or later increase in capacity 7500 pounds or more.
have— (b) After March 10, 2011, no foreign
(1) A maximum type certificated pas- person or foreign air carrier may oper-
senger seating capacity of 30 or more; ate a U.S.-registered airplane identi-
or fied in paragraph (a) of this section un-
(2) A maximum payload capacity of less the maintenance program for that
7,500 pounds or more. airplane includes inspections and pro-
(b) General requirements. After Decem- cedures for EWIS.
ber 20, 2010, a certificate holder may (c) The proposed EWIS maintenance
not operate an airplane under this part program changes must be based on
unless the following requirements have EWIS Instructions for Continued Air-
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been met: worthiness (ICA) that have been devel-


(1) Baseline Structure. The certificate oped in accordance with the provisions
holder’s maintenance program for the of Appendix H of part 25 of this chapter

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Federal Aviation Administration, DOT § 129.113

applicable to each affected airplane (in- (b) For each U.S.-registered airplane
cluding those ICA developed for supple- on which an auxiliary fuel tank is in-
mental type certificates installed on stalled under a field approval, before
each airplane) and that have been ap- June 16, 2008, the foreign person or for-
proved by the FAA Oversight Office. eign air carrier operating the airplane
(1) For airplanes subject to § 26.11 of must submit to the FAA Oversight Of-
this chapter, the EWIS ICA must com- fice proposed maintenance instructions
ply with paragraphs H25.5(a)(1) and (b). for the tank that meet the require-
(2) For airplanes subject to § 25.1729 of ments of Special Federal Aviation Reg-
this chapter, the EWIS ICA must com- ulation No. 88 (SFAR 88) of this chap-
ply with paragraph H25.4 and all of ter.
paragraph H25.5. (c) After December 16, 2008, no for-
(d) After March 10, 2011, before re- eign person or foreign air carrier may
turning a U.S.-registered airplane to operate a U.S.-registered airplane iden-
service after any alterations for which tified in paragraph (a) of this section
EWIS ICA are developed, the foreign unless the maintenance program for
person or foreign air carrier must in- that airplane has been revised to in-
clude in the maintenance program for clude applicable inspections, proce-
that airplane inspections and proce- dures, and limitations for fuel tank
dures for EWIS based on those ICA. systems.
(e) The EWIS maintenance program (d) The proposed fuel tank system
changes identified in paragraphs (c) maintenance program revisions must
and (d) of this section and any later be based on fuel tank system Instruc-
EWIS revisions must be submitted to tions for Continued Airworthiness
the Principal Inspector or Flight (ICA) that have been developed in ac-
Standards International Field Office cordance with the applicable provisions
responsible for review and approval. of SFAR 88 of this chapter or § 25.1529
(f) This section does not apply to the and part 25, Appendix H, of this chap-
following airplane models: ter, in effect on June 6, 2001 (including
(1) Lockheed L–188 those developed for auxiliary fuel
(2) Bombardier CL–44 tanks, if any, installed under supple-
(3) Mitsubishi YS–11 mental type certificates or other de-
(4) British Aerospace BAC 1–11 sign approval) and that have been ap-
(5) Concorde proved by the FAA Oversight Office.
(6) deHavilland D.H. 106 Comet 4C (e) After December 16, 2008, before re-
(7) VFW–Vereinigte Flugtechnische turning a U.S.-registered airplane to
Werk VFW–614 service after any alteration for which
(8) Illyushin Aviation IL 96T fuel tank ICA are developed under
(9) Bristol Aircraft Britannia 305 SFAR 88, or under § 25.1529 in effect on
(10) Handley Page Herald Type 300 June 6, 2001, the foreign person or for-
(11) Avions Marcel Dassault—Breguet eign air carrier must include in the
Aviation Mercure 100C maintenance program for the airplane
(12) Airbus Caravelle inspections and procedures for the fuel
(13) Lockheed L–300 tank system based on those ICA.
[Amdt. 129–43, 72 FR 63413, Nov. 8, 2007] (f) The fuel tank system maintenance
program changes identified in para-
§ 129.113 Fuel tank system mainte- graphs (d) and (e) of this section and
nance program. any later fuel tank system revisions
(a) Except as provided in paragraph must be submitted to the Principal In-
(g) of this section, this section applies spector or Flight Standards Inter-
to transport category, turbine-powered national Field Office responsible for re-
airplanes with a type certificate issued view and approval.
after January 1, 1958, that, as a result (g) This section does not apply to the
of original type certification or later following airplane models:
increase in capacity, have— (1) Bombardier CL–44
(1) A maximum type-certificated pas- (2) Concorde
lpowell on DSK54DXVN1OFR with $$_JOB

senger capacity of 30 or more, or (3) deHavilland D.H. 106 Comet 4C


(2) A maximum payload capacity of (4) VFW–Vereinigte Flugtechnische
7500 pounds or more. Werk VFW–614

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§ 129.115 14 CFR Ch. I (1–1–16 Edition)

(5) Illyushin Aviation IL 96T operate an airplane identified in


(6) Bristol Aircraft Britannia 305 § 26.21(g) of this chapter after July 14,
(7) Handley Page Herald Type 300 2013, unless an ALS approved under Ap-
(8) Avions Marcel Dassault—Breguet pendix H to part 25 or § 26.21 of this
Aviation Mercure 100C chapter is incorporated into its main-
(9) Airbus Caravelle tenance program. The ALS must—
(10) Lockheed L–300 (1) Include an LOV approved under
[Amdt. 129–43, 72 FR 63413, Nov. 8, 2007] § 25.571 or § 26.21 of this chapter, as ap-
plicable, except as provided in para-
§ 129.115 Limit of validity. graph (f) of this section; and
(a) Applicability. This section applies (2) Be clearly distinguishable within
to foreign air carriers or foreign per- its maintenance program
sons operating any U.S.-registered (d) Extended limit of validity. No for-
transport category, turbine-powered eign air carrier or foreign person may
airplane with a maximum takeoff gross operate an airplane beyond the LOV or
weight greater than 75,000 pounds and a extended LOV specified in paragraph
type certificate issued after January 1, (b)(1), (c), (d), or (f) of this section, as
1958, regardless of whether the max- applicable, unless the following condi-
imum takeoff gross weight is a result
tions are met:
of an original type certificate or a
later design change. This section also (1) An ALS must be incorporated into
applies to foreign air carriers or for- its maintenance program that—
eign persons operating any other U.S.- (i) Includes an extended LOV and any
registered transport category, turbine- widespread fatigue damage airworthi-
powered airplane with a type certifi- ness limitation items (ALIs) approved
cate issued after January 1, 1958, re- under § 26.23 of this chapter; and
gardless of the maximum takeoff gross (ii) Is approved under § 26.23 of this
weight, for which a limit of validity of chapter;
the engineering data that supports the (2) The extended LOV and the air-
structural maintenance program (here- worthiness limitation items pertaining
after referred to as LOV) is required in to widespread fatigue damage must be
accordance with § 25.571 or § 26.21 of this clearly distinguishable within its
chapter after January 14, 2011. maintenance program.
(b) Limit of validity. No foreign air (e) Principal Maintenance Inspector ap-
carrier or foreign person may operate a
proval. Foreign air carriers or foreign
U.S.-registered airplane identified in
persons must submit the maintenance
paragraph (a) of this section after the
program revisions required by para-
applicable date identified in Table 1 of
this section, unless an Airworthiness graphs (b), (c), and (d) of this section to
Limitations section (ALS) approved the Principal Maintenance Inspector or
under Appendix H to part 25 or § 26.21 of Flight Standards International Field
this chapter is incorporated into its Office for review and approval.
maintenance program. The ALS must— (f) Exception. For any airplane for
(1) Include an LOV approved under which an LOV has not been approved as
§ 25.571 or § 26.21 of this chapter, as ap- of the applicable compliance date spec-
plicable, except as provided in para- ified in paragraph (c) or Table 1 of this
graph (f) of this section; and section, instead of including an ap-
(2) Be clearly distinguishable within proved LOV in the ALS, an operator
its maintenance program. must include the applicable default
(c) Operation of airplanes excluded LOV specified in Table 1 or Table 2 of
from § 26.21. No certificate holder may this section, as applicable, in the ALS.
TABLE 1—AIRPLANES SUBJECT TO § 26.21
Compliance Date— Default LOV
Airplane model months after [flight cycles (FC)
January 14, 2011 or flight hours (FH)]
lpowell on DSK54DXVN1OFR with $$_JOB

Airbus—Existing 1 Models Only:


A300 B2–1A, B2–1C, B2K–3C, B2–203 ..................................... 30 .................................... 48,000 FC
A300 B4–2C, B4–103 ................................................................. 30 .................................... 40,000 FC

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Federal Aviation Administration, DOT § 129.115

TABLE 1—AIRPLANES SUBJECT TO § 26.21—Continued


Compliance Date— Default LOV
Airplane model months after [flight cycles (FC)
January 14, 2011 or flight hours (FH)]

A300 B4–203 ............................................................................... 30 .................................... 34,000 FC


A300–600 Series ......................................................................... 60 .................................... 30,000 FC/67,500 FH
A310–200 Series ......................................................................... 60 .................................... 40,000 FC/60,000 FH
A310–300 Series ......................................................................... 60 .................................... 35,000 FC/60,000 FH
A318 Series ................................................................................. 60 .................................... 48,000 FC/60,000 FH
A319 Series ................................................................................. 60 .................................... 48,000 FC/60,000 FH
A320–100 Series ......................................................................... 60 .................................... 48,000 FC/48,000 FH
A320–200 Series ......................................................................... 60 .................................... 48,000 FC/60,000 FH
A321 Series ................................................................................. 60 .................................... 48,000 FC/60,000 FH
A330–200, –300 Series (except WV050 family) (non enhanced) 60 .................................... 40,000 FC/60,000 FH
A330–200, –300 Series WV050 family (enhanced) .................... 60 .................................... 33,000 FC/100,000 FH
A330–200 Freighter Series ......................................................... 60 .................................... See NOTE.
A340–200, –300 Series (except WV 027 and WV050 family) 60 .................................... 20,000 FC/80,000 FH
(non enhanced).
A340–200, –300 Series WV 027 (non enhanced) ...................... 60 .................................... 30,000 FC/60,000 FH
A340–300 Series WV050 family (enhanced) .............................. 60 .................................... 20,000 FC/100,000 FH
A340–500, –600 Series ............................................................... 60 .................................... 16,600 FC/100,000 FH
A380–800 Series ......................................................................... 72 .................................... See NOTE.
Boeing—Existing 1 Models Only:
717 ............................................................................................... 60 .................................... 60,000 FC/60,000 FH
727 (all series) ............................................................................. 30 .................................... 60,000 FC
737 (Classics): 737–100, –200, –200C, –300, –400, –500 ........ 30 .................................... 75,000 FC
737 (NG): 737–600, –700, –700C, –800, –900, –900ER ........... 60 .................................... 75,000 FC
747 (Classics): 747–100, –100B, –100B SUD, –200B, –200C, 30 .................................... 20,000 FC
–200F, –300, 747SP, 747SR.
747–400: 747–400, –400D, –400F ............................................. 60 .................................... 20,000 FC
757 ............................................................................................... 60 .................................... 50,000 FC
767 ............................................................................................... 60 .................................... 50,000 FC
777–200, –300 ............................................................................ 60 .................................... 40,000 FC
777–200LR, 777–300ER ............................................................. 72 .................................... 40,000 FC
777F ............................................................................................ 72 .................................... 11,000 FC
Bombardier—Existing 1 Models Only:
CL–600: 2D15 (Regional Jet Series 705), 2D24 (Regional Jet 72 .................................... 60,000 FC
Series 900).
Embraer—Existing 1 Models Only:
ERJ 170 ....................................................................................... 72 .................................... See NOTE.
ERJ 190 ....................................................................................... 72 .................................... See NOTE.
Fokker—Existing 1 Models Only:
F.28 Mark 0070, Mark 0100 ........................................................ 30 .................................... 90,000 FC
Lockheed—Existing 1 Models Only:
L–1011 ......................................................................................... 30 .................................... 36,000 FC
188 ............................................................................................... 30 .................................... 26,600 FC
382 (all series) ............................................................................. 30 .................................... 20,000 FC/50,000 FH
McDonnell Douglas—Existing 1 Models Only:
DC–8, –8F ................................................................................... 30 .................................... 50,000 FC/50,000 FH
DC–9 (except for MD–80 models) .............................................. 30 .................................... 100,000 FC/100,000 FH
MD–80 (DC–9–81, –82, –83, –87, MD–88) ................................ 30 .................................... 50,000 FC/50,000 FH
MD–90 ......................................................................................... 60 .................................... 60,000 FC/90,000 FH
DC–10–10, –15 ........................................................................... 30 .................................... 42,000 FC/60,000 FH
DC–10–30, –40, –10F, –30F, –40F ............................................ 30 .................................... 30,000 FC/60,000 FH
MD–10–10F ................................................................................. 60 .................................... 42,000 FC/60,000 FH
MD–10–30F ................................................................................. 60 .................................... 30,000 FC/60,000 FH
MD–11, MD–11F ......................................................................... 60 .................................... 20,000 FC/60,000 FH
Maximum Takeoff Gross Weight Changes:
All airplanes whose maximum takeoff gross weight has been 30, or within 12 months Not applicable.
decreased to 75,000 pounds or below after January 14, after the LOV is ap-
2011, or increased to greater than 75,000 pounds at any proved, or before oper-
time by an amended type certificate or supplemental type ating the airplane,
certificate. whichever occurs latest.
All Other Airplane Models (TCs and amended TCs) not Listed 72, or within 12 months Not applicable.
in Table 2. after the LOV is ap-
proved, or before oper-
ating the airplane,
whichever occurs latest.
lpowell on DSK54DXVN1OFR with $$_JOB

1 Type certificated as of January 14, 2011.

Note: Airplane operation limitation is stated in the Airworthiness Limitation section.

NOTE: Airplane operation limitation is stated in the Airworthiness Limitation section.

389

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§ 129.117 14 CFR Ch. I (1–1–16 Edition)

TABLE 2—AIRPLANES EXCLUDED FROM § 26.21


Default LOV [flight
Airplane model cycles (FC) or flight
hours (FH)]

Airbus:
Caravelle .......................................................................................................................... 15,000 FC/24,000 FH
Avions Marcel Dassault:
Breguet Aviation Mercure 100C ....................................................................................... 20,000 FC/16,000 FH
Boeing:
Boeing 707 (–100 Series and –200 Series) .................................................................... 20,000 FC
Boeing 707 (–300 Series and –400 Series) .................................................................... 20,000 FC
Boeing 720 ....................................................................................................................... 30,000 FC
Bombardier:
CL–44D4 and CL–44J ..................................................................................................... 20,000 FC
BD–700 ............................................................................................................................ 15,000 FH
Bristol Aeroplane Company:
Britannia 305 .................................................................................................................... 10,000 FC
British Aerospace Airbus, Ltd.:
BAC 1–11 (all models) ..................................................................................................... 85,000 FC
British Aerospace (Commercial Aircraft) Ltd.:
Armstrong Whitworth Argosy A.W. 650 Series 101 ........................................................ 20,000 FC
BAE Systems (Operations) Ltd.:
BAe 146–100A (all models) ............................................................................................. 50,000 FC
BAe 146–200–07 ............................................................................................................. 50,000 FC
BAe 146–200–07 Dev ...................................................................................................... 50,000 FC
BAe 146–200–11 ............................................................................................................. 50,000 FC
BAe 146–200–07A ........................................................................................................... 47,000 FC
BAe 146–200–11 Dev ...................................................................................................... 43,000 FC
BAe 146–300 (all models) ............................................................................................... 40,000 FC
Avro 146–RJ70A (all models) .......................................................................................... 40,000 FC
Avro 146–RJ85A and 146–RJ100A (all models) ............................................................. 50,000 FC
D & R Nevada, LLC:
Convair Model 22 ............................................................................................................. 1,000 FC/1,000 FH
Convair Model 23M .......................................................................................................... 1,000 FC/1,000 FH
deHavilland Aircraft Company, Ltd.:
D.H. 106 Comet 4C ......................................................................................................... 8,000 FH
Gulfstream:
GV .................................................................................................................................... 40,000 FH
GV–SP ............................................................................................................................. 40,000 FH
Ilyushin Aviation Complex:
IL–96T .............................................................................................................................. 10,000 FC/30,000 FH
Lockheed:
300–50A01 (USAF C 141A) ............................................................................................ 20,000 FC

[Doc. No. FAA–2006–24281, 75 FR 69787, Nov. 15, 2010, as amended by Amdt. 129–51, 77 FR 30878,
May 24, 2012; Amdt. 129–51A, 77 FR 55107, Sept. 7, 2012]

§ 129.117 Flammability reduction this section (including all-cargo air-


means. planes) for which application is made
for original certificate of airworthiness
(a) Applicability. Except as provided
or export airworthiness approval after
in paragraph (o) of this section, this
December 27, 2010 unless an Ignition
section applies to U.S.-registered
Mitigation Means (IMM) or Flamma-
transport category, turbine-powered
bility Reduction Means (FRM) meeting
airplanes with a type certificate issued the requirements of § 26.33 of this chap-
after January 1, 1958, that as a result of ter is operational.
original type certification or later in-
crease in capacity have: TABLE 1
(1) A maximum type-certificated pas-
Model—Boeing Model—Airbus
senger capacity of 30 or more, or
(2) A maximum payload capacity of 747 Series A318, A319, A320, A321 Series
7,500 pounds or more. 737 Series A330, A340 Series
777 Series
(b) New Production Airplanes. Except 767 Series
lpowell on DSK54DXVN1OFR with $$_JOB

in accordance with § 129.14, no foreign


air carrier or foreign person may oper- (c) Auxiliary Fuel Tanks. After the ap-
ate an airplane identified in Table 1 of plicable date stated in paragraph (e) of

390

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Federal Aviation Administration, DOT § 129.117

this section, no foreign air carrier or (1) Operate an airplane on which IMM
foreign person may operate any air- or FRM has been installed before the
plane subject § 26.33 of this chapter that dates specified in paragraph (e) of this
has an Auxiliary Fuel Tank installed section unless the IMM or FRM is oper-
pursuant to a field approval, unless the ational.
following requirements are met: (2) Deactivate or remove an IMM or
(1) The foreign air carrier or foreign FRM once installed unless it is re-
person complies with 14 CFR 26.35 by placed by a means that complies with
the applicable date stated in that sec- paragraph (d) of this section.
tion. (g) Maintenance Program Revisions. No
(2) The foreign air carrier or foreign foreign air carrier or foreign person
person installs Flammability Impact may operate an airplane for which air-
Mitigation Means (FIMM), if applica- worthiness limitations have been ap-
ble, that are approved by the FAA proved by the FAA Oversight Office in
Oversight Office. accordance with §§ 26.33, 26.35, or 26.37
(3) Except in accordance with § 129.14, of this chapter after the airplane is
the FIMM, if applicable, are oper- modified in accordance with paragraph
ational. (d) of this section unless the mainte-
(d) Retrofit. After the dates specified nance program for that airplane is re-
in paragraph (e) of this section, no for- vised to include those applicable air-
eign air carrier or foreign person may worthiness limitations.
operate an airplane to which this sec- (h) After the maintenance program is
tion applies unless the requirements of revised as required by paragraph (g) of
paragraphs (d)(1) and (d)(2) of this sec- this section, before returning an air-
tion are met. plane to service after any alteration
(1) IMM, FRM or FIMM, if required for which airworthiness limitations are
by §§ 26.33, 26.35, or 26.37 of this chapter, required by §§ 25.981, 26.33, 26.35, or 26.37
that are approved by the FAA Over- of this chapter, the foreign person or
sight Office, are installed within the foreign air carrier must revise the
compliance times specified in para- maintenance program for the airplane
graph (e) of this section. to include those airworthiness limita-
(2) Except in accordance with § 129.14, tions.
the IMM, FRM or FIMM, as applicable, (i) The maintenance program
are operational. changes identified in paragraphs (g)
(e) Compliance Times. Except as pro- and (h) of this section must be sub-
vided in paragraphs (k) and (l) of this mitted to the operator’s assigned
section, the installations required by Flight Standards Office or Principal
paragraph (d) of this section must be Inspector for review and approval prior
accomplished no later than the appli- to incorporation.
cable dates specified in paragraph (e)(1) (j) The requirements of paragraph (d)
or (e)(2) of this section. of this section do not apply to air-
(1) Fifty percent of each foreign air planes operated in all-cargo service,
carrier or foreign person’s fleet identi- but those airplanes are subject to para-
fied in paragraph (d)(1) of this section graph (f) of this section.
must be modified no later than Decem- (k) The compliance dates specified in
ber 26, 2014. paragraph (e) of this section may be ex-
(2) One hundred percent of each for- tended by one year, provided that—
eign air carrier or foreign person’s fleet (1) No later than March 26, 2009, the
of airplanes subject to paragraph (d)(1) foreign air carrier or foreign person no-
or this section must be modified no tifies its assigned Flight Standards Of-
later than December 26, 2017. fice or Principal Inspector that it in-
(3) For those foreign air carriers or tends to comply with this paragraph;
foreign persons that have only one air- (2) No later than June 24, 2009, the
plane for a model identified in Table 1, foreign air carrier or foreign person ap-
the airplane must be modified no later plies for an amendment to its oper-
than December 26, 2017. ations specifications in accordance
lpowell on DSK54DXVN1OFR with $$_JOB

(f) Compliance after Installation. Ex- with § 129.11 to include a requirement


cept in accordance with § 129.14, no per- for the airplane models specified in
son may— Table 2 of this section to use ground

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§ 129.201 14 CFR Ch. I (1–1–16 Edition)

air conditioning systems for actual (o) Exclusions. The requirements of


gate times of more than 30 minutes, this section do not apply to the fol-
when available at the gate and oper- lowing airplane models:
ational, whenever the ambient tem- (1) Convair CV–240, 340, 440, including
perature exceeds 60 degrees Fahrenheit; turbine powered conversions.
and (2) Lockheed L–188 Electra.
(3) Thereafter, the certificate holder (3) Vickers VC–10.
uses ground air conditioning systems (4) Douglas DC–3, including turbine
as described in paragraph (k)(2) of this powered conversions.
section on each airplane subject to the (5) Bombardier CL–44.
extension. (6) Mitsubishi YS–11.
(7) BAC 1–11.
TABLE 2 (8) Concorde.
(9) deHavilland D.H. 106 Comet 4C.
Model—Boeing Model—Airbus (10) VFW—Vereinigte Flugtechnische
747 Series A318, A319, A320, A321 Series
VFW–614.
737 Series A300, A310 Series (11) Illyushin Aviation IL 96T.
777 Series A330, A340 Series (12) Bristol Aircraft Britannia 305.
767 Series (13) Handley Page Herald Type 300.
757 Series (14) Avions Marcel Dassault—Breguet
Aviation Mercure 100C.
(l) For any foreign air carrier or for- (15) Airbus Caravelle.
eign person for which the operating (16) Fokker F–27/Fairchild Hiller FH–
certificate is issued after December 26, 227.
2008, the compliance date specified in (17) Lockheed L–300.
paragraph (e) of this section may be ex-
[Doc. No. FAA–2005–22997, 73 FR 42503, July
tended by one year, provided that the 21, 2008, as amended by Amdt. 129–47, 74 FR
foreign air carrier or foreign person 31620, July 2, 2009]
meets the requirements of paragraph
(k)(2) of this section when its initial
operations specifications are issued
Subpart C—Special Federal
and, thereafter, uses ground air condi- Aviation Regulations
tioning systems as described in para- § 129.201 SFAR No. 111—Lavatory Oxy-
graph (k)(2) of this section on each air- gen Systems.
plane subject to the extension.
The requirements of § 121.1500 of this
(m) After the date by which any per-
chapter also apply to this part.
son is required by this section to mod-
ify 100 percent of the affected fleet, no [Doc. No. FAA–2011–0186, 76 FR 12556, Mar. 8,
person may operate in passenger serv- 2011]
ice any airplane model specified in
Table 2 of this section unless the air- APPENDIX A TO PART 129 [RESERVED]
plane has been modified to comply
with § 26.33(c) of this chapter. PART 133—ROTORCRAFT
EXTERNAL-LOAD OPERATIONS
TABLE 3
Subpart A—Applicability
Model—Boeing Model—Airbus
Sec.
747 Series A318, A319, A320, A321 Series 133.1 Applicability.
737 Series A300, A310 Series
777 Series A330, A340 Series Subpart B—Certification Rules
767 Series
757 Series 133.11 Certificate required.
133.13 Duration of certificate.
(n) No foreign air carrier or foreign 133.14 Carriage of narcotic drugs, mari-
person may operate any airplane on huana, and depressant or stimulant drugs
which an auxiliary fuel tank is in- or substances.
133.15 Application for certificate issuance or
stalled after December 26, 2017 unless
renewal.
lpowell on DSK54DXVN1OFR with $$_JOB

the FAA has certified the tank as com- 133.17 Requirements for issuance of a rotor-
pliant with § 25.981 of this chapter, in craft external-load operator certificate.
effect on December 26, 2008. 133.19 Rotorcraft.

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Federal Aviation Administration, DOT § 133.14
133.21 Personnel. (d) For the purpose of this part, a
133.22 Employment of former FAA employ- person other than a crewmember or a
ees.
person who is essential and directly
133.23 Knowledge and skill.
133.25 Amendment of certificate. connected with the external-load oper-
133.27 Availability, transfer, and surrender ation may be carried only in approved
of certificate. Class D rotorcraft-load combinations.

Subpart C—Operating Rules and Related [Doc. No. 15176, 42 FR 24198, May 12, 1977, as
amended by Amdt. 133–9, 51 FR 40707, Nov. 7,
Requirements
1986]
133.31 Emergency operations.
133.33 Operating rules. Subpart B—Certification Rules
133.35 Carriage of persons.
133.37 Crewmember training, currency, and § 133.11 Certificate required.
testing requirements.
133.39 Inspection authority. (a) No person subject to this part
may conduct rotorcraft external-load
Subpart D—Airworthiness Requirements operations within the United States
133.41 Flight characteristics requirements. without, or in violation of the terms of,
133.43 Structures and design. a Rotorcraft External-Load Operator
133.45 Operating limitations. Certificate issued by the Administrator
133.47 Rotorcraft-load combination flight under § 133.17.
manual. (b) No person holding a Rotorcraft
133.49 Markings and placards.
133.51 Airworthiness certification.
External-Load Operator Certificate
may conduct rotorcraft external-load
AUTHORITY: 49 U.S.C. 106(g), 40113, 44701– operations subject to this part under a
44702.
business name that is not on that cer-
SOURCE: Docket No. 1529, 29 FR 603, Jan. 24, tificate.
1964, unless otherwise noted.
[Doc. No. 15176, 42 FR 24198, May 12, 1977, as
amended by Amdt. 133–7, 42 FR 32531, June
Subpart A—Applicability 27, 1977; Amdt. 133–9, 51 FR 40707, Nov. 7, 1986]
§ 133.1 Applicability.
§ 133.13 Duration of certificate.
This part prescribes—
(a) Airworthiness certification rules Unless sooner surrendered, sus-
for rotorcraft used in; and pended, or revoked, a Rotorcraft Exter-
(b) Operating and certification rules nal-Load Operator Certificate expires
governing the conduct of rotorcraft ex- at the end of the twenty-fourth month
ternal-load operations in the United after the month in which it is issued or
States by any person. renewed.
(c) The certification rules of this part [Doc. No. 15176, 42 FR 24198, May 12, 1977, as
do not apply to— amended by Amdt. 133–7, 42 FR 32531, June
(1) Rotorcraft manufacturers when 27, 1977; Amdt. 133–9, 51 FR 40707, Nov. 7, 1986]
developing external-load attaching
means; § 133.14 Carriage of narcotic drugs,
(2) Rotorcraft manufacturers dem- marihuana, and depressant or stim-
onstrating compliance of equipment ulant drugs or substances.
utilized under this part or appropriate If the holder of a certificate issued
portions of part 27 or 29 of this chapter; under this part permits any aircraft
(3) Operations conducted by a person owned or leased by that holder to be
demonstrating compliance for the engaged in any operation that the cer-
issuance of a certificate or authoriza-
tificate holder knows to be in violation
tion under this part;
of § 91.19(a) of this chapter, that oper-
(4) Training flights conducted in
ation is a basis for suspending or re-
preparation for the demonstration of
compliance with this part; or voking the certificate.
lpowell on DSK54DXVN1OFR with $$_JOB

(5) A Federal, State, or local govern- [Doc. No. 12035, 38 FR 17493, July 2, 1973, as
ment conducting operations with pub- amended by Amdt. 133–10, 54 FR 34332, Aug.
lic aircraft. 18, 1989]

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§ 133.15 14 CFR Ch. I (1–1–16 Edition)

§ 133.15 Application for certificate and use for at least six consecutive
issuance or renewal. months.
Application for an original certifi- [Doc. No. 15176, 42 FR 24198, May 12, 1977]
cate or renewal of a certificate issued
under this part is made on a form, and § 133.21 Personnel.
in a manner, prescribed by the Admin- (a) The applicant must hold, or have
istrator. The form may be obtained available the services of at least one
from an FAA Flight Standards District person who holds, a current commer-
Office. The completed application is cial or airline transport pilot certifi-
sent to the district office that has ju- cate, with a rating appropriate for the
risdiction over the area in which the rotorcraft prescribed in § 133.19, issued
applicant’s home base of operation is by the Administrator.
located. (b) The applicant must designate one
[Doc. No. 15176, 42 FR 24198, May 12, 1977, as
pilot, who may be the applicant, as
amended by Amdt. 133–11, 54 FR 39294, Sept. chief pilot for rotorcraft external-load
25, 1989] operations. The applicant also may
designate qualified pilots as assistant
§ 133.17 Requirements for issuance of chief pilots to perform the functions of
a rotorcraft external-load operator the chief pilot when the chief pilot is
certificate. not readily available. The chief pilot
If an applicant shows that he com- and assistant chief pilots must be ac-
plies with §§ 133.19, 133.21, and 133.23, ceptable to the Administrator and each
the Administrator issues a Rotorcraft must hold a current Commercial or
External-Load Operator Certificate to Airline Transport Pilot Certificate,
him with an authorization to operate with a rating appropriate for the rotor-
craft prescribed in § 133.19.
specified rotorcraft with those classes
of rotorcraft-load combinations for (c) The holder of a Rotorcraft Exter-
which he complies with the applicable nal-Load Operator Certificate shall re-
provisions of subpart D of this part. port any change in designation of chief
pilot or assistant chief pilot imme-
§ 133.19 Rotorcraft. diately to the FAA certificate-holding
office. The new chief pilot must be des-
(a) The applicant must have the ex- ignated and must comply with § 133.23
clusive use of at least one rotorcraft within 30 days or the operator may not
that— conduct further operations under the
(1) Was type certificated under, and Rotorcraft External-Load Operator
meets the requirements of, part 27 or 29 Certificate unless otherwise authorized
of this chapter (but not necessarily by the FAA certificate-holding office.
with external-load-carrying attaching
[Doc. No. 1529, 29 FR 603, Jan. 24, 1964, as
means installed) or of § 21.25 of this
amended by Amdt. 133–9, 51 FR 40707, Nov. 7,
chapter for the special purpose of 1986]
rotorcraft external-load operations;
(2) Complies with the certification § 133.22 Employment of former FAA
provisions in subpart D of this part employees.
that apply to the rotorcraft-load com- (a) Except as specified in paragraph
binations for which authorization is re- (c) of this section, no certificate holder
quested; and may knowingly employ or make a con-
(3) Has a valid standard or restricted tractual arrangement which permits an
category airworthiness certificate. individual to act as an agent or rep-
(b) For the purposes of paragraph (a) resentative of the certificate holder in
of this section, a person has exclusive any matter before the Federal Aviation
use of a rotorcraft if he has the sole Administration if the individual, in the
possession, control, and use of it for preceding 2 years—
flight, as owner, or has a written agree- (1) Served as, or was directly respon-
lpowell on DSK54DXVN1OFR with $$_JOB

ment (including arrangements for the sible for the oversight of, a Flight
performance of required maintenance) Standards Service aviation safety in-
giving him that possession, control, spector; and

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Federal Aviation Administration, DOT § 133.25

(2) Had direct responsibility to in- quested. The appropriate maneuvers


spect, or oversee the inspection of, the for each load class must be dem-
operations of the certificate holder. onstrated in the rotorcraft prescribed
(b) For the purpose of this section, an in § 133.19.
individual shall be considered to be (1) Takeoffs and landings.
acting as an agent or representative of (2) Demonstration of directional con-
a certificate holder in a matter before trol while hovering.
the agency if the individual makes any (3) Acceleration from a hover.
written or oral communication on be- (4) Flight at operational airspeeds.
half of the certificate holder to the (5) Approaches to landing or working
agency (or any of its officers or em- area.
ployees) in connection with a par- (6) Maneuvering the external load
ticular matter, whether or not involv- into the release position.
ing a specific party and without regard (7) Demonstration of winch oper-
to whether the individual has partici- ation, if a winch is installed to hoist
pated in, or had responsibility for, the the external load.
particular matter while serving as a (d) Compliance with paragraphs (b)
Flight Standards Service aviation safe- and (c) of this section need not be
ty inspector. shown if the Administrator finds, on
(c) The provisions of this section do the basis of the applicant’s (or his des-
not prohibit a certificate holder from ignated chief pilot’s) previous experi-
knowingly employing or making a con- ence and safety record in rotorcraft ex-
tractual arrangement which permits an ternal-load operations, that his knowl-
individual to act as an agent or rep- edge and skill are adequate.
resentative of the certificate holder in [Doc. No. 1529, 29 FR 603, Jan. 24, 1964, as
any matter before the Federal Aviation amended by Amdt. 133–9, 51 FR 40707, Nov. 7,
Administration if the individual was 1986]
employed by the certificate holder be-
fore October 21, 2011. § 133.25 Amendment of certificate.
[Doc. No. FAA–2008–1154, 76 FR 52236, Aug. 22, (a) The holder of a Rotorcraft Exter-
2011] nal-Load Certificate may apply to the
FAA Flight Standards District Office
§ 133.23 Knowledge and skill. having jurisdiction over the area in
(a) Except as provided in paragraph which the applicant’s home base of op-
(d) of this section, the applicant, or the eration is located, or to the Flight
chief pilot designated in accordance Standards District Office nearest the
with § 133.21(b), must demonstrate to area in which operations are to be con-
the Administrator satisfactory knowl- ducted, for an amendment of the appli-
edge and skill regarding rotorcraft ex- cant’s certificate, to add or delete a
ternal-load operations as set forth in rotorcraft-load combination authoriza-
paragraphs (b) and (c) of this section. tion, by executing the appropriate por-
(b) The test of knowledge (which may tion of the form used in applying for a
be oral or written, at the option of the Rotorcraft External-Load Operator
applicant) covers the following sub- Certificate. If the applicant for the
jects: amendment shows compliance with
(1) Steps to be taken before starting §§ 133.19, and 133.49, the Flight Stand-
operations, including a survey of the ards District Office issues an amended
flight area. Rotorcraft External-Load Operator
(2) Proper method of loading, rigging, Certificate to the applicant with au-
or attaching the external load. thorization to operate with those class-
(3) Performance capabilities, under es of rotorcraft-load combinations for
approved operating procedures and lim- which the applicant complies with the
itations, of the rotorcraft to be used. applicable provisions of subpart D of
(4) Proper instructions of flight crew this part.
and ground workers. (b) The holder of a rotorcraft exter-
(5) Appropriate rotorcraft-load com- nal-load certificate may apply for an
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bination flight manual. amendment to add or delete a rotor-


(c) The test of skill requires appro- craft authorization by submitting to
priate maneuvers for each class re- the certificate-holding FAA Flight

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§ 133.27 14 CFR Ch. I (1–1–16 Edition)

Standards District Office a new list of volved, including a description of the


rotorcraft, by registration number, deviation and reasons for it.
with the classes of rotorcraft-load com- [Doc. No. 24550, 51 FR 40708, Nov. 7, 1986, as
binations for which authorization is re- amended by Amdt. 133–11, 54 FR 39294, Sept.
quested. 25, 1989]
[Doc. No. 18434, 43 FR 52206, Nov. 9, 1978, as
amended by Amdt. 133–9, 51 FR 40707, Nov. 7,
§ 133.33 Operating rules.
1986; Amdt. 133–11, 54 FR 39294, Sept. 25, 1989] (a) No person may conduct a rotor-
craft external-load operation without,
§ 133.27 Availability, transfer, and sur- or contrary to, the Rotorcraft-Load
render of certificate. Combination Flight Manual prescribed
(a) Each holder of a rotorcraft exter- in § 133.47.
nal-load operator certificate shall keep (b) No person may conduct a rotor-
that certificate and a list of authorized craft external-load operation unless—
rotorcraft at the home base of oper- (1) The rotorcraft complies with
ations and shall make it available for § 133.19; and
inspection by the Administrator upon (2) The rotorcraft and rotorcraft-load
request. combination is authorized under the
(b) Each person conducting a rotor- Rotorcraft External-Load Operator
craft external-load operation shall Certificate.
carry a facsimile of the Rotorcraft Ex- (c) Before a person may operate a
ternal-Load Operator Certificate in rotorcraft with an external-load con-
each rotorcraft used in the operation. figuration that differs substantially
(c) If the Administrator suspends or from any that person has previously
revokes a Rotorcraft External-Load carried with that type of rotorcraft
Operator Certificate, the holder of that (whether or not the rotorcraft-load
certificate shall return it to the Ad- combination is of the same class), that
ministrator. If the certificate holder, person must conduct, in a manner that
for any other reason, discontinues op- will not endanger persons or property
erations under his certificate, and does on the surface, such of the following
not resume operations within two flight-operational checks as the Ad-
years, he shall return the certificate to ministrator determines are appropriate
the FAA Flight Standards District Of- to the rotorcraft-load combination:
fice having jurisdiction over the area (1) A determination that the weight
in which his home base of operations is of the rotorcraft-load combination and
located. the location of its center of gravity are
within approved limits, that the exter-
[Doc. No. 1529, 29 FR 603, Jan. 24, 1964, as nal load is securely fastened, and that
amended by Amdt. 133–9, 51 FR 40708, Nov. 7,
1986; Amdt. 133–11, 54 FR 39294, Sept. 25, 1989]
the external load does not interfere
with devices provided for its emer-
gency release.
Subpart C—Operating Rules and (2) Make an initial liftoff and verify
Related Requirements that controllability is satisfactory.
(3) While hovering, verify that direc-
§ 133.31 Emergency operations. tional control is adequate.
(a) In an emergency involving the (4) Accelerate into forward flight to
safety of persons or property, the cer- verify that no attitude (whether of the
tificate holder may deviate from the rotorcraft or of the external load) is
rules of this part to the extent required encountered in which the rotorcraft is
to meet that emergency. uncontrollable or which is otherwise
(b) Each person who, under the au- hazardous.
thority of this section, deviates from a (5) In forward flight, check for haz-
rule of this part shall notify the Ad- ardous oscillations of the external
ministrator within 10 days after the de- load, but if the external load is not
viation. Upon the request of the Ad- visible to the pilot, other crewmembers
ministrator, that person shall provide or ground personnel may make this
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the certificate-holding FAA Flight check and signal the pilot.


Standards District Office a complete (6) Increase the forward airspeed and
report of the aircraft operation in- determine an operational airspeed at

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Federal Aviation Administration, DOT § 133.37

which no hazardous oscillation or haz- cumstances may a person be carried as


ardous aerodynamic turbulence is en- part of the external-load under IFR.
countered. [Doc. No. 24550, 51 FR 40708, Nov. 7, 1986, as
(d) Notwithstanding the provisions of amended by Amdt. 133–11, 54 FR 39294, Sept.
part 91 of this chapter, the holder of a 25, 1989]
Rotorcraft External-Load Operator
Certificate may conduct (in rotorcraft § 133.35 Carriage of persons.
type certificated under and meeting (a) No certificate holder may allow a
the requirements of part 27 or 29 of this person to be carried during rotorcraft
chapter, including the external-load at- external-load operations unless that
taching means) rotorcraft external- person—
load operations over congested areas if (1) Is a flight crewmember;
those operations are conducted without (2) Is a flight crewmember trainee;
hazard to persons or property on the (3) Performs an essential function in
surface and comply with the following: connection with the external-load op-
(1) The operator must develop a plan eration; or
for each complete operation, coordi- (4) Is necessary to accomplish the
nate this plan with the FAA Flight work activity directly associated with
Standards District Office having juris- that operation.
(b) The pilot in command shall en-
diction over the area in which the oper-
sure that all persons are briefed before
ation will be conducted, and obtain ap-
takeoff on all pertinent procedures to
proval for the operation from that dis-
be followed (including normal, abnor-
trict office. The plan must include an mal, and emergency procedures) and
agreement with the appropriate polit- equipment to be used during the exter-
ical subdivision that local officials will nal-load operation.
exclude unauthorized persons from the
area in which the operation will be [Doc. No. 24550, 51 FR 40708, Nov. 7, 1986]
conducted, coordination with air traf- § 133.37 Crewmember training, cur-
fic control, if necessary, and a detailed rency, and testing requirements.
chart depicting the flight routes and
(a) No certificate holder may use, nor
altitudes.
may any person serve, as a pilot in op-
(2) Each flight must be conducted at
erations conducted under this part un-
an altitude, and on a route, that will less that person—
allow a jettisonable external load to be (1) Has successfully demonstrated, to
released, and the rotorcraft landed, in the Administrator knowledge and skill
an emergency without hazard to per- with respect to the rotorcraft-load
sons or property on the surface. combination in accordance with § 133.23
(e) Notwithstanding the provisions of (in the case of a pilot other than the
part 91 of this chapter, and except as chief pilot or an assistant chief pilot
provided in § 133.45(d), the holder of a who has been designated in accordance
Rotorcraft External-Load Operator with § 133.21(b), this demonstration
Certificate may conduct external-load may be made to the chief pilot or as-
operations, including approaches, de- sistant chief pilot); and
partures, and load positioning maneu- (2) Has in his or her personal posses-
vers necessary for the operation, below sion a letter of competency or an ap-
500 feet above the surface and closer propriate logbook entry indicating
than 500 feet to persons, vessels, vehi- compliance with paragraph (a)(1) of
cles, and structures, if the operations this section.
are conducted without creating a haz- (b) No certificate holder may use, nor
ard to persons or property on the sur- may any person serve as, a crew-
face. member or other operations personnel
in Class D operations conducted under
(f) No person may conduct rotorcraft
this part unless, within the preceding
external-load operations under IFR un-
12 calendar months, that person has
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less specifically approved by the Ad- successfully completed either an ap-


ministrator. However, under no cir- proved initial or a recurrent training
program.

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§ 133.39 14 CFR Ch. I (1–1–16 Edition)

(c) Notwithstanding the provisions of (1) Pickup of the external load.


paragraph (b) of this section, a person (2) Demonstration of adequate direc-
who has performed a rotorcraft exter- tional control while hovering.
nal-load operation of the same class (3) Acceleration from a hover.
and in an aircraft of the same type (4) Horizontal flight at airspeeds up
within the past 12 calendar months to the maximum airspeed for which au-
need not undergo recurrent training. thorization is requested.
[Doc. No. 24550, 51 FR 40708, Nov. 7, 1986] (5) Demonstrating appropriate lifting
device operation.
§ 133.39 Inspection authority. (6) Maneuvering of the external load
Each person conducting an operation into release position and its release,
under this part shall allow the Admin- under probable flight operation condi-
istrator to make any inspections or tions, by means of each of the quick-re-
tests that he considers necessary to de- lease controls installed on the rotor-
termine compliance with the Federal craft.
Aviation Regulations and the Rotor- (d) Class C rotorcraft-load combina-
craft External-Load Operator Certifi- tions: For Class C rotorcraft-load com-
cate. binations used in wire-stringing, cable-
laying, or similar operations, the oper-
[Doc. No. 1529, 29 FR 603, Jan. 24, 1964. Redes- ational flight check must consist of the
ignated by Amdt. 133–9, 51 FR 40708, Nov. 7, maneuvers, as applicable, prescribed in
1986]
paragraph (c) of this section.
Subpart D—Airworthiness [Doc. No. 1529, 29 FR 603, Jan. 24, 1964, as
amended by Amdt. 133–5, 41 FR 55475, Dec. 20,
Requirements 1976; Amdt. 133–9, 51 FR 40709, Nov. 7, 1986]
§ 133.41 Flight characteristics require- § 133.43 Structures and design.
ments.
(a) The applicant must demonstrate (a) External-load attaching means.
to the Administrator, by performing Each external-load attaching means
the operational flight checks pre- must have been approved under—
scribed in paragraphs (b), (c), and (d) of (1) Part 8 of the Civil Air Regulations
this section, as applicable, that the on or before January 17, 1964;
rotorcraft-load combination has satis- (2) Part 133, before February 1, 1977;
factory flight characteristics, unless (3) Part 27 or 29 of this chapter, as ap-
these operational flight checks have plicable, irrespective of the date of ap-
been demonstrated previously and the proval; or
rotorcraft-load combination flight (4) Section 21.25 of this chapter.
characteristics were satisfactory. For (b) Quick release devices. Each quick
the purposes of this demonstration, the release device must have been approved
external-load weight (including the ex- under—
ternal-load attaching means) is the (1) Part 27 or 29 of this chapter, as ap-
maximum weight for which authoriza- plicable;
tion is requested. (2) Part 133, before February 1, 1977;
(b) Class A rotorcraft-load combina- or
tions: The operational flight check (3) Section 21.25 of this chapter, ex-
must consist of at least the following cept the device must comply with
maneuvers: §§ 27.865(b) and 29.865(b), as applicable,
(1) Take off and landing. of this chapter.
(2) Demonstration of adequate direc- (c) Weight and center of gravity—
tional control while hovering. (1) Weight. The total weight of the
(3) Acceleration from a hover. rotorcraft-load combination must not
(4) Horizontal flight at airspeeds up exceed the total weight approved for
to the maximum airspeed for which au- the rotorcraft during its type certifi-
thorization is requested. cation.
(c) Class B and D rotorcraft-load com- (2) Center of gravity. The location of
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binations: The operational flight check the center of gravity must, for all load-
must consist of at least the following ing conditions, be within the range es-
maneuvers: tablished for the rotorcraft during its

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Federal Aviation Administration, DOT § 133.49

type certification. For Class C rotor- (4) The lifting device must have an
craft-load combinations, the mag- emergency release requiring two dis-
nitude and direction of the loading tinct actions.
force must be established at those val- [Doc. No. 1529, 29 FR 603, Jan. 24, 1964, as
ues for which the effective location of amended by Amdt. 133–1, 30 FR 883, Jan. 28,
the center of gravity remains within 1965; Amdt. 133–5, 41 FR 55476, Dec. 20, 1976;
its established range. Amdt. 133–6, 42 FR 24198, May 12, 1977; Amdt.
133–9, 51 FR 40709, Nov. 7, 1986]
[Doc. No. 14324, 41 FR 55475, Dec. 20, 1976, as
amended by Amdt. 133–12, 55 FR 8006, Mar. 6, § 133.47 Rotorcraft-load combination
1990] flight manual.
§ 133.45 Operating limitations. The applicant must prepare a Rotor-
craft-Load Combination Flight Manual
In addition to the operating limita- and submit it for approval by the Ad-
tions set forth in the approved Rotor- ministrator. The manual must be pre-
craft Flight Manual, and to any other pared in accordance with the rotorcraft
limitations the Administrator may flight manual provisions of subpart G
prescribe, the operator shall establish of part 27 or 29 of this chapter, which-
at least the following limitations and ever is applicable. The limiting height-
set them forth in the Rotorcraft-Load speed envelope data need not be listed
Combination Flight Manual for rotor- as operating limitations. The manual
craft-load combination operations: must set forth—
(a) The rotorcraft-load combination (a) Operating limitations, procedures
may be operated only within the (normal and emergency), performance,
weight and center of gravity limita- and other information established
tions established in accordance with under this subpart;
§ 133.43(c). (b) The class of rotorcraft-load com-
(b) The rotorcraft-load combination binations for which the airworthiness
may not be operated with an external of the rotorcraft has been dem-
load weight exceeding that used in onstrated in accordance with §§ 133.41
showing compliance with §§ 133.41 and and 133.43; and
133.43. (c) In the information section of the
(c) The rotorcraft-load combination Rotorcraft-Load Combination Flight
may not be operated at airspeeds great- Manual—
er than those established in accordance (1) Information on any peculiarities
with § 133.41 (b), (c), and (d). discovered when operating particular
(d) No person may conduct an exter- rotorcraft-load combinations;
nal-load operation under this part with (2) Precautionary advice regarding
a rotorcraft type certificated in the re- static electricity discharges for Class
stricted category under § 21.25 of this B, Class C, and Class D rotorcraft-load
chapter over a densely populated area, combinations; and
in a congested airway, or near a busy (3) Any other information essential
airport where passenger transport op- for safe operation with external loads.
erations are conducted. [Doc. No. 1529, 29 FR 603, Jan. 24, 1964, as
(e) The rotorcraft-load combination amended by Amdt. 133–9, 51 FR 40709, Nov. 7,
of Class D may be conducted only in 1986]
accordance with the following:
(1) The rotorcraft to be used must § 133.49 Markings and placards.
have been type certificated under The following markings and placards
transport Category A for the operating must be displayed conspicuously and
weight and provide hover capability must be such that they cannot be eas-
with one engine inoperative at that op- ily erased, disfigured, or obscured:
erating weight and altitude. (a) A placard (displayed in the cock-
(2) The rotorcraft must be equipped pit or cabin) stating the class of rotor-
to allow direct radio intercommunica- craft-load combination for which the
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tion among required crewmembers. rotorcraft has been approved and the
(3) The personnel lifting device must occupancy limitation prescribed in
be FAA approved. § 133.45(a).

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§ 133.51 14 CFR Ch. I (1–1–16 Edition)

(b) A placard, marking, or instruc- Subpart B—Flight Operations


tion (displayed next to the external-
135.61 General.
load attaching means) stating the max- 135.63 Recordkeeping requirements.
imum external load prescribed as an 135.64 Retention of contracts and amend-
operating limitation in § 133.45(c). ments: Commercial operators who con-
duct intrastate operations for compensa-
§ 133.51 Airworthiness certification. tion or hire.
A Rotorcraft External-Load Operator 135.65 Reporting mechanical irregularities.
135.67 Reporting potentially hazardous me-
Certificate is a current and valid air- teorological conditions and irregularities
worthiness certificate for each rotor- of ground facilities or navigation aids.
craft type certificated under part 27 or 135.69 Restriction or suspension of oper-
29 of this chapter (or their predecessor ations: Continuation of flight in an emer-
parts) and listed by registration num- gency.
ber on a list attached to the certifi- 135.71 Airworthiness check.
cate, when the rotorcraft is being used 135.73 Inspections and tests.
135.75 Inspectors credentials: Admission to
in operations conducted under this
pilots’ compartment: Forward observer’s
part. seat.
[Doc. No. 24550, 51 FR 40709, Nov. 7, 1986] 135.76 DOD Commercial Air Carrier Eval-
uator’s Credentials: Admission to pilots
compartment: Forward observer’s seat.
PART 135—OPERATING REQUIRE- 135.77 Responsibility for operational con-
MENTS: COMMUTER AND ON DE- trol.
MAND OPERATIONS AND RULES 135.78 Instrument approach procedures and
IFR landing minimums.
GOVERNING PERSONS ON 135.79 Flight locating requirements.
BOARD SUCH AIRCRAFT 135.81 Informing personnel of operational
information and appropriate changes.
SPECIAL FEDERAL AVIATION REGULATION NO. 135.83 Operating information required.
50–2 [NOTE] 135.85 Carriage of persons without compli-
ance with the passenger-carrying provi-
SPECIAL FEDERAL AVIATION REGULATION NO.
sions of this part.
71 [NOTE]
135.87 Carriage of cargo including carry-on
SPECIAL FEDERAL AVIATION REGULATION NO.
baggage.
89 [NOTE]
135.89 Pilot requirements: Use of oxygen.
SPECIAL FEDERAL AVIATION REGULATION NO. 135.91 Oxygen for medical use by pas-
97 [NOTE] sengers.
SPECIAL FEDERAL AVIATION REGULATION NO. 135.93 Minimum altitudes for use of auto-
106 [NOTE] pilot.
SPECIAL FEDERAL AVIATION REGULATION NO. 135.95 Airmen: Limitations on use of serv-
108 [NOTE] ices.
135.97 Aircraft and facilities for recent
Subpart A—General flight experience.
135.98 Operations in the North Polar Area.
Sec.
135.99 Composition of flight crew.
135.1 Applicability. 135.100 Flight crewmember duties.
135.2 Compliance schedule for operators 135.101 Second in command required under
that transition to part 121 of this chap- IFR.
ter; certain new entrant operators. 135.103 [Reserved]
135.3 Rules applicable to operations subject 135.105 Exception to second in command re-
to this part. quirement: Approval for use of autopilot
135.4 Applicability of rules for eligible on- system.
demand operations. 135.107 Flight attendant crewmember re-
135.7 Applicability of rules to unauthorized quirement.
operators. 135.109 Pilot in command or second in com-
135.12 Previously trained crewmembers. mand: Designation required.
135.19 Emergency operations. 135.111 Second in command required in Cat-
135.21 Manual requirements. egory II operations.
135.23 Manual contents. 135.113 Passenger occupancy of pilot seat.
135.25 Aircraft requirements. 135.115 Manipulation of controls.
135.41 Carriage of narcotic drugs, mari- 135.117 Briefing of passengers before flight.
huana, and depressant or stimulant drugs 135.119 Prohibition against carriage of
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or substances. weapons.
135.43 Crewmember certificates: Inter- 135.120 Prohibition on interference with
national operations. crewmembers.

400

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Federal Aviation Administration, DOT Pt. 135
135.121 Alcoholic beverages. 135.179 Inoperable instruments and equip-
135.122 Stowage of food, beverage, and pas- ment.
senger service equipment during aircraft 135.180 Traffic Alert and Collision Avoid-
movement on the surface, takeoff, and ance System.
landing. 135.181 Performance requirements: Aircraft
135.123 Emergency and emergency evacu- operated over-the-top or in IFR condi-
ation duties. tions.
135.125 Aircraft security. 135.183 Performance requirements: Land
135.127 Passenger information requirements aircraft operated over water.
and smoking prohibitions. 135.185 Empty weight and center of gravity:
135.128 Use of safety belts and child re- Currency requirement.
straint systems.
135.129 Exit seating. Subpart D—VFR/IFR Operating Limitations
and Weather Requirements
Subpart C—Aircraft and Equipment
135.201 Applicability.
135.141 Applicability. 135.203 VFR: Minimum altitudes.
135.143 General requirements. 135.205 VFR: Visibility requirements.
135.144 Portable electronic devices. 135.207 VFR: Helicopter surface reference
135.145 Aircraft proving and validation requirements.
tests. 135.209 VFR: Fuel supply.
135.147 Dual controls required. 135.211 VFR: Over-the-top carrying pas-
135.149 Equipment requirements: General. sengers: Operating limitations.
135.150 Public address and crewmember 135.213 Weather reports and forecasts.
interphone systems. 135.215 IFR: Operating limitations.
135.151 Cockpit voice recorders. 135.217 IFR: Takeoff limitations.
135.152 Flight data recorders. 135.219 IFR: Destination airport weather
minimums.
135.153 [Reserved]
135.221 IFR: Alternate airport weather
135.154 Terrain awareness and warning sys-
minimums.
tem.
135.223 IFR: Alternate airport requirements.
135.155 Fire extinguishers: Passenger-car-
135.225 IFR: Takeoff, approach and landing
rying aircraft.
minimums.
135.156 Flight data recorders: filtered data.
135.227 Icing conditions: Operating limita-
135.157 Oxygen equipment requirements.
tions.
135.158 Pitot heat indication systems. 135.229 Airport requirements.
135.159 Equipment requirements: Carrying
passengers under VFR at night or under Subpart E—Flight Crewmember
VFR over-the-top conditions.
135.160 Radio altimeters for rotorcraft oper-
Requirements
ations. 135.241 Applicability.
135.161 Communication and navigation 135.243 Pilot in command qualifications.
equipment for aircraft operations under 135.244 Operating experience.
VFR over routes navigated by pilotage. 135.245 Second in command qualifications.
135.163 Equipment requirements: Aircraft 135.247 Pilot qualifications: Recent experi-
carrying passengers under IFR. ence.
135.165 Communication and navigation 135.249–135.255 [Reserved]
equipment: Extended over-water or IFR
operations. Subpart F—Crewmember Flight Time and
135.167 Emergency equipment: Extended Duty Period Limitations and Rest Re-
overwater operations. quirements
135.168 Emergency equipment: Overwater
rotorcraft operations. 135.261 Applicability.
135.169 Additional airworthiness require- 135.263 Flight time limitations and rest re-
ments. quirements: All certificate holders.
135.170 Materials for compartment inte- 135.265 Flight time limitations and rest re-
riors. quirements: Scheduled operations.
135.171 Shoulder harness installation at 135.267 Flight time limitations and rest re-
flight crewmember stations. quirements: Unscheduled one- and two-
135.173 Airborne thunderstorm detection pilot crews.
equipment requirements. 135.269 Flight time limitations and rest re-
135.175 Airborne weather radar equipment quirements: Unscheduled three- and four-
requirements. pilot crews.
135.177 Emergency equipment requirements 135.271 Helicopter hospital emergency med-
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for aircraft having a passenger seating ical evacuation service (HEMES).


configuration of more than 19 passengers. 135.273 Duty period limitations and rest
135.178 Additional emergency equipment. time requirements.

401

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Pt. 135 14 CFR Ch. I (1–1–16 Edition)

Subpart G—Crewmember Testing 135.367 Large transport category airplanes:


Requirements Reciprocating engine powered: Takeoff
limitations.
135.291 Applicability. 135.369 Large transport category airplanes:
135.293 Initial and recurrent pilot testing Reciprocating engine powered: En route
requirements. limitations: All engines operating.
135.295 Initial and recurrent flight attend- 135.371 Large transport category airplanes:
ant crewmember testing requirements. Reciprocating engine powered: En route
135.297 Pilot in command: Instrument pro- limitations: One engine inoperative.
ficiency check requirements. 135.373 Part 25 transport category airplanes
135.299 Pilot in command: Line checks: with four or more engines: Reciprocating
Routes and airports. engine powered: En route limitations:
135.301 Crewmember: Tests and checks, Two engines inoperative.
grace provisions, training to accepted 135.375 Large transport category airplanes:
standards. Reciprocating engine powered: Landing
limitations: Destination airports.
Subpart H—Training 135.377 Large transport category airplanes:
Reciprocating engine powered: Landing
135.321 Applicability and terms used. limitations: Alternate airports.
135.323 Training program: General. 135.379 Large transport category airplanes:
135.324 Training program: Special rules. Turbine engine powered: Takeoff limita-
135.325 Training program and revision: Ini- tions.
tial and final approval. 135.381 Large transport category airplanes:
135.327 Training program: Curriculum. Turbine engine powered: En route limita-
135.329 Crewmember training requirements. tions: One engine inoperative.
135.330 Crew resource management training. 135.383 Large transport category airplanes:
135.331 Crewmember emergency training. Turbine engine powered: En route limita-
tions: Two engines inoperative.
135.335 Approval of aircraft simulators and
other training devices. 135.385 Large transport category airplanes:
Turbine engine powered: Landing limita-
135.336 Airline transport pilot certification
tions: Destination airports.
training program.
135.387 Large transport category airplanes:
135.337 Qualifications: Check airmen (air-
Turbine engine powered: Landing limita-
craft) and check airmen (simulator).
tions: Alternate airports.
135.338 Qualifications: Flight instructors
135.389 Large nontransport category air-
(aircraft) and flight instructors (simu-
planes: Takeoff limitations.
lator).
135.391 Large nontransport category air-
135.339 Initial and transition training and
planes: En route limitations: One engine
checking: Check airmen (aircraft), check
inoperative.
airmen (simulator).
135.393 Large nontransport category air-
135.340 Initial and transition training and planes: Landing limitations: Destination
checking: Flight instructors (aircraft), airports.
flight instructors (simulator).
135.395 Large nontransport category air-
135.341 Pilot and flight attendant crew- planes: Landing limitations: Alternate
member training programs. airports.
135.343 Crewmember initial and recurrent 135.397 Small transport category airplane
training requirements. performance operating limitations.
135.345 Pilots: Initial, transition, and up- 135.398 Commuter category airplanes per-
grade ground training. formance operating limitations.
135.347 Pilots: Initial, transition, upgrade, 135.399 Small nontransport category air-
and differences flight training. plane performance operating limitations.
135.349 Flight attendants: Initial and transi-
tion ground training. Subpart J—Maintenance, Preventive
135.351 Recurrent training. Maintenance, and Alterations
135.353 [Reserved]
135.411 Applicability.
Subpart I—Airplane Performance 135.413 Responsibility for airworthiness.
Operating Limitations 135.415 Service difficulty reports.
135.417 Mechanical interruption summary
135.361 Applicability. report.
135.363 General. 135.419 Approved aircraft inspection pro-
135.364 Maximum flying time outside the gram.
United States. 135.421 Additional maintenance require-
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135.365 Large transport category airplanes: ments.


Reciprocating engine powered: Weight 135.422 Aging airplane inspections and
limitations. records reviews for multiengine airplanes

402

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Federal Aviation Administration, DOT § 135.1
certificated with nine or fewer passenger APPENDIX G TO PART 135—EXTENDED OPER-
seats. ATIONS (ETOPS)
135.423 Maintenance, preventive mainte-
AUTHORITY: 49 U.S.C. 106(f), 106(g), 41706,
nance, and alteration organization.
40113, 44701–44702, 44705, 44709, 44711–44713,
135.425 Maintenance, preventive mainte-
44715–44717, 44722, 44730, 45101–45105; Pub. L.
nance, and alteration programs.
112–95, 126 Stat. 58 (49 U.S.C. 44730).
135.426 Contract maintenance.
135.427 Manual requirements. SOURCE: Docket No. 16097, 43 FR 46783, Oct.
135.429 Required inspection personnel. 10, 1978, unless otherwise noted.
135.431 Continuing analysis and surveil-
lance. SPECIAL FEDERAL AVIATION REGULATION
135.433 Maintenance and preventive mainte- NO. 50–2
nance training program.
135.435 Certificate requirements. EDITORIAL NOTE: For the text of SFAR No.
135.437 Authority to perform and approve 50–2, see part 91 of this chapter.
maintenance, preventive maintenance,
and alterations. SPECIAL FEDERAL AVIATION REGULATION
135.439 Maintenance recording require-
ments.
NO. 71
135.441 Transfer of maintenance records.
135.443 Airworthiness release or aircraft EDITORIAL NOTE: For the text of SFAR No.
maintenance log entry. 71, see part 91 of this chapter.

Subpart K—Hazardous Materials Training SPECIAL FEDERAL AVIATION REGULATION


Program NO. 89
135.501 Applicability and definitions. EDITORIAL NOTE: For the text of SFAR No.
135.503 Hazardous materials training: Gen- 89, see part 121 of this chapter.
eral.
135.505 Hazardous materials training re- SPECIAL FEDERAL AVIATION REGULATION
quired.
NO. 97
135.507 Hazardous materials training
records.
EDITORIAL NOTE: For the text of SFAR No.
Subpart L—Helicopter Air Ambulance 97, see part 91 of this chapter.
Equipment, Operations, and Training
Requirements SPECIAL FEDERAL AVIATION REGULATION
NO. 106
135.601 Applicability and definitions.
135.603 Pilot-in-command instrument quali- EDITORIAL NOTE: For the text of SFAR No.
fications. 106, see part 121 of this chapter.
135.605 Helicopter terrain awareness and
warning system (HTAWS). SPECIAL FEDERAL AVIATION REGULATION
135.607 Flight Data Monitoring System. NO. 108
135.609 VFR ceiling and visibility require-
ments for Class G airspace.
135.611 IFR operations at locations without EDITORIAL NOTE: For the text of SFAR No.
weather reporting. 108, see part 91 of this chapter.
135.613 Approach/departure IFR transitions.
135.615 VFR flight planning. Subpart A—General
135.617 Pre-flight risk analysis.
135.619 Operations control centers. § 135.1 Applicability.
135.621 Briefing of medical personnel.
APPENDIX A TO PART 135—ADDITIONAL AIR- (a) This part prescribes rules gov-
WORTHINESS STANDARDS FOR 10 OR MORE erning—
PASSENGER AIRPLANES (1) The commuter or on-demand oper-
APPENDIX B TO PART 135—AIRPLANE FLIGHT ations of each person who holds or is
RECORDER SPECIFICATIONS required to hold an Air Carrier Certifi-
APPENDIX C TO PART 135—HELICOPTER FLIGHT cate or Operating Certificate under
RECORDER SPECIFICATIONS part 119 of this chapter.
APPENDIX D TO PART 135—AIRPLANE FLIGHT
RECORDER SPECIFICATION
(2) Each person employed or used by
APPENDIX E TO PART 135—HELICOPTER FLIGHT a certificate holder conducting oper-
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RECORDER SPECIFICATIONS ations under this part including the


APPENDIX F TO PART 135—AIRPLANE FLIGHT maintenance, preventative mainte-
RECORDER SPECIFICATIONS nance and alteration of an aircraft.

403

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§ 135.2 14 CFR Ch. I (1–1–16 Edition)

(3) The transportation of mail by air- tor’s principal place of operation to ob-
craft conducted under a postal service tain these services; or
contract awarded under 39 U.S.C. 5402c. (2) Emergency repairs on the opera-
(4) Each person who applies for provi- tor’s aircraft if the aircraft cannot be
sional approval of an Advanced Quali- safely operated to a location where an
fication Program curriculum, cur- employee subject to FAA-approved pro-
riculum segment, or portion of a cur- grams can perform the repairs.
riculum segment under subpart Y of [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978]
part 121 of this chapter of 14 CFR part
121 and each person employed or used EDITORIAL NOTE: For FEDERAL REGISTER ci-
by an air carrier or commercial oper- tations affecting § 135.1, see the List of CFR
Sections Affected, which appears in the
ator under this part to perform train- Finding Aids section of the printed volume
ing, qualification, or evaluation func- and at www.fdsys.gov.
tions under an Advanced Qualification
Program under subpart Y of part 121 of § 135.2 Compliance schedule for opera-
this chapter of 14 CFR part 121. tors that transition to part 121 of
(5) Nonstop Commercial Air Tour this chapter; certain new entrant
flights conducted for compensation or operators.
hire in accordance with § 119.1(e)(2) of (a) Applicability. This section applies
this chapter that begin and end at the to the following:
same airport and are conducted within (1) Each certificate holder that was
a 25-statute-mile radius of that airport; issued an air carrier or operating cer-
provided further that these operations tificate and operations specifications
must comply only with the drug and under the requirements of part 135 of
alcohol testing requirements in this chapter or under SFAR No. 38–2 of
§§ 120.31, 120.33, 120.35, 120.37, and 120.39 14 CFR part 121 before January 19, 1996,
of this chapter; and with the provisions and that conducts scheduled passenger-
of part 136, subpart A, and § 91.147 of carrying operations with:
this chapter by September 11, 2007. (i) Nontransport category turbo-
(6) Each person who is on board an propeller powered airplanes type cer-
aircraft being operated under this part. tificated after December 31, 1964, that
(7) Each person who is an applicant have a passenger seat configuration of
for an Air Carrier Certificate or an Op- 10–19 seats;
erating Certificate under 119 of this (ii) Transport category turbo-
chapter, when conducting proving propeller powered airplanes that have a
tests. passenger seat configuration of 20–30
(8) Commercial Air tours conducted seats; or
by holders of operations specifications (iii) Turbojet engine powered air-
issued under this part must comply planes having a passenger seat configu-
with the provisions of part 136, Subpart ration of 1–30 seats.
A of this chapter by September 11, 2007. (2) Each person who, after January
(9) Helicopter air ambulance oper- 19, 1996, applies for or obtains an initial
ations as defined in § 135.601(b)(1). air carrier or operating certificate and
(b) [Reserved] operations specifications to conduct
(c) An operator who does not hold a scheduled passenger-carrying oper-
part 119 certificate and who operates ations in the kinds of airplanes de-
under the provisions of § 91.147 of this scribed in paragraphs (a)(1)(i), (a)(1)(ii),
chapter is permitted to use a person or paragraph (a)(1)(iii) of this section.
who is otherwise authorized to perform (b) Obtaining operations specifications.
aircraft maintenance or preventive A certificate holder described in para-
maintenance duties and who is not sub- graph (a)(1) of this section may not,
ject to anti-drug and alcohol misuse after March 20, 1997, operate an air-
prevent programs to perform— plane described in paragraphs (a)(1)(i),
(1) Aircraft maintenance or preven- (a)(1)(ii), or (a)(1)(iii) of this section in
tive maintenance on the operator’s air- scheduled passenger-carrying oper-
craft if the operator would otherwise ations, unless it obtains operations
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be required to transport the aircraft specifications to conduct its scheduled


more than 50 nautical miles further operations under part 121 of this chap-
than the repair point closest to opera- ter on or before March 20, 1997.

404

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Federal Aviation Administration, DOT § 135.2

(c) Regular or accelerated compliance. (B) Section 121.161(b), Ditching ap-


Except as provided in paragraphs (d), proval.
and (e) of this section, each certificate (C) Section 121.305(j), Third attitude
holder described in paragraph (a)(1) of indicator.
this section shall comply with each ap- (D) Section 121.312(c), Passenger seat
plicable requirement of part 121 of this cushion flammability.
chapter on and after March 20, 1997 or (iv) March 12, 1999: Section
on and after the date on which the cer- 121.310(b)(1), Interior emergency exit
tificate holder is issued operations locating sign.
specifications under this part, which- (2) Transport category turbopropeller
ever occurs first. Except as provided in powered airplanes that have a passenger
paragraphs (d) and (e) of this section, seat configuration of 20–30 seats. No cer-
each person described in paragraph tificate holder may operate under this
(a)(2) of this section shall comply with part an airplane that is described in
each applicable requirement of part 121 paragraph (a)(1)(ii) of this section on or
of this chapter on and after the date on after a date listed in paragraph (d)(2) of
which that person is issued a certifi- this section unless that airplane meets
cate and operations specifications the applicable requirement listed in
under part 121 of this chapter. paragraph (d)(2) of this section:
(d) Delayed compliance dates. Unless (i) December 20, 1997:
paragraph (e) of this section specifies (A) Section 121.308, Lavatory fire pro-
an earlier compliance date, no certifi- tection.
cate holder that is covered by para- (B) Section 121.337(b) (8) and (9), Pro-
graph (a) of this section may operate tective breathing equipment.
an airplane in 14 CFR part 121 oper- (C) Section 121.340, Emergency flota-
ations on or after a date listed in this tion means.
paragraph unless that airplane meets (ii) December 20, 2010: Section
the applicable requirement of this 121.305(j), Third attitude indicator.
paragraph: (e) Newly manufactured airplanes. No
(1) Nontransport category turbo- certificate holder that is described in
propeller powered airplanes type certifi- paragraph (a) of this section may oper-
cated after December 31, 1964, that have a ate under part 121 of this chapter an
passenger seat configuration of 10–19 airplane manufactured on or after a
seats. No certificate holder may oper- date listed in this paragraph (e) unless
ate under this part an airplane that is that airplane meets the applicable re-
described in paragraph (a)(1)(i) of this quirement listed in this paragraph (e).
section on or after a date listed in (1) For nontransport category turbo-
paragraph (d)(1) of this section unless propeller powered airplanes type cer-
that airplane meets the applicable re- tificated after December 31, 1964, that
quirement listed in paragraph (d)(1) of have a passenger seat configuration of
this section: 10–19 seats:
(i) December 20, 1997: (i) Manufactured on or after March
(A) Section 121.289, Landing gear 20, 1997:
aural warning. (A) Section 121.305(j), Third attitude
(B) Section 121.308, Lavatory fire pro- indicator.
tection. (B) Section 121.311(f), Safety belts
(C) Section 121.310(e), Emergency exit and shoulder harnesses.
handle illumination. (ii) Manufactured on or after Decem-
(D) Section 121.337(b)(8), Protective ber 20, 1997: Section 121.317(a), Fasten
breathing equipment. seat belt light.
(E) Section 121.340, Emergency flota- (iii) Manufactured on or after Decem-
tion means. ber 20, 1999: Section 121.293, Takeoff
(ii) December 20, 1999: Section 121.342, warning system.
Pitot heat indication system. (iv) Manufactured on or after March
(iii) December 20, 2010: 12, 1999: Section 121.310(b)(1), Interior
(A) For airplanes described in emergency exit locating sign.
lpowell on DSK54DXVN1OFR with $$_JOB

§ 121.157(f), the Airplane Performance (2) For transport category turbo-


Operating Limitations in §§ 121.189 propeller powered airplanes that have a
through 121.197. passenger seat configuration of 20–30

405

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§ 135.3 14 CFR Ch. I (1–1–16 Edition)

seats manufactured on or after March part with airplanes in which two pilots
20, 1997: Section 121.305(j), Third atti- are required by the type certification
tude indicator. rules of this chapter shall comply with
(f) New type certification requirements. subparts N and O of part 121 of this
No person may operate an airplane for chapter instead of the requirements of
which the application for a type cer- subparts E, G, and H of this part. Not-
tificate was filed after March 29, 1995, withstanding the requirements of this
in 14 CFR part 121 operations unless paragraph, a pilot serving under this
that airplane is type certificated under part as second in command in a com-
part 25 of this chapter. muter operation with airplanes in
(g) Transition plan. Before March 19, which two pilots are required by the
1996 each certificate holder described in type certification rules of this chapter
paragraph (a)(1) of this section must may meet the requirements of § 135.245
submit to the FAA a transition plan instead of the requirements of § 121.436.
(containing a calendar of events) for (c) If authorized by the Adminis-
moving from conducting its scheduled trator upon application, each certifi-
operations under the commuter re- cate holder that conducts operations
quirements of part 135 of this chapter under this part to which paragraph (b)
to the requirements for domestic or of this section does not apply, may
flag operations under part 121 of this comply with the applicable sections of
chapter. Each transition plan must subparts N and O of part 121 instead of
contain details on the following: the requirements of subparts E, G, and
(1) Plans for obtaining new oper- H of this part, except that those au-
ations specifications authorizing do- thorized certificate holders may choose
mestic or flag operations; to comply with the operating experi-
(2) Plans for being in compliance ence requirements of § 135.244, instead
with the applicable requirements of of the requirements of § 121.434 of this
part 121 of this chapter on or before chapter.
March 20, 1997; and
[Doc. No. 27993, 60 FR 65949, Dec. 20, 1995, as
(3) Plans for complying with the com- amended by Amdt. 135–65, 61 FR 30435, June
pliance date schedules contained in 14, 1996; Amdt. 135–127A, 78 FR 77574, Dec. 24,
paragraphs (d) and (e) of this section. 2013]
[Doc. No. 28154, 60 FR 65938, Dec. 20, 1995, as
amended by Amdt. 135–65, 61 FR 30435, June
§ 135.4 Applicability of rules for eligi-
14, 1996; Amdt. 135–66, 62 FR 13257, Mar. 19,
ble on-demand operations.
1997] (a) An ‘‘eligible on-demand oper-
ation’’ is an on-demand operation con-
§ 135.3 Rules applicable to operations ducted under this part that meets the
subject to this part. following requirements:
(a) Each person operating an aircraft (1) Two-pilot crew. The flightcrew
in operations under this part shall— must consist of at least two qualified
(1) While operating inside the United pilots employed or contracted by the
States, comply with the applicable certificate holder.
rules of this chapter; and (2) Flight crew experience. The crew-
(2) While operating outside the members must have met the applicable
United States, comply with Annex 2, requirements of part 61 of this chapter
Rules of the Air, to the Convention on and have the following experience and
International Civil Aviation or the reg- ratings:
ulations of any foreign country, which- (i) Total flight time for all pilots:
ever applies, and with any rules of (A) Pilot in command—A minimum
parts 61 and 91 of this chapter and this of 1,500 hours.
part that are more restrictive than (B) Second in command—A minimum
that Annex or those regulations and of 500 hours.
that can be complied with without vio- (ii) For multi-engine turbine-powered
lating that Annex or those regulations. fixed-wing and powered-lift aircraft,
Annex 2 is incorporated by reference in the following FAA certification and
lpowell on DSK54DXVN1OFR with $$_JOB

§ 91.703(b) of this chapter. ratings requirements:


(b) Each certificate holder that con- (A) Pilot in command—Airline trans-
ducts commuter operations under this port pilot and applicable type ratings.

406

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Federal Aviation Administration, DOT § 135.12

(B) Second in command—Commercial member has comparable experience,


pilot and instrument ratings. and can effectively perform the func-
(iii) For all other aircraft, the fol- tions associated with the position in
lowing FAA certification and rating re- accordance with the requirements of
quirements: this chapter. The Administrator may,
(A) Pilot in command—Commercial at any time, terminate any grant of de-
pilot and instrument ratings. viation authority issued under this
(B) Second in command—Commercial paragraph. Grants of deviation under
pilot and instrument ratings. this paragraph may be granted after
(3) Pilot operating limitations. If the consideration of the size and scope of
second in command of a fixed-wing air- the operation, the qualifications of the
craft has fewer than 100 hours of flight intended personnel and the following
time as second in command flying in circumstances:
the aircraft make and model and, if a (1) A newly authorized certificate
type rating is required, in the type air- holder does not employ any pilots who
craft being flown, and the pilot in com- meet the minimum requirements of
mand is not an appropriately qualified paragraphs (a)(2)(i) or (a)(4) of this sec-
check pilot, the pilot in command shall tion.
make all takeoffs and landings in any (2) An existing certificate holder adds
of the following situations: to its fleet a new category and class
(i) Landings at the destination air- aircraft not used before in its oper-
port when a Destination Airport Anal- ation.
ysis is required by § 135.385(f); and (3) An existing certificate holder es-
(ii) In any of the following condi- tablishes a new base to which it assigns
tions: pilots who will be required to become
(A) The prevailing visibility for the qualified on the aircraft operated from
airport is at or below 3⁄4 mile. that base.
(B) The runway visual range for the (c) An eligible on-demand operation
runway to be used is at or below 4,000 may comply with alternative require-
feet. ments specified in §§ 135.225(b),
(C) The runway to be used has water, 135.385(f), and 135.387(b) instead of the
snow, slush, ice, or similar contamina- requirements that apply to other on-
tion that may adversely affect aircraft demand operations.
performance. [Doc. No. FAA–2001–10047, 68 FR 54585, Sept.
(D) The braking action on the run- 17, 2003]
way to be used is reported to be less
than ‘‘good.’’ § 135.7 Applicability of rules to unau-
thorized operators.
(E) The crosswind component for the
runway to be used is in excess of 15 The rules in this part which apply to
knots. a person certificated under part 119 of
(F) Windshear is reported in the vi- this chapter also apply to a person who
cinity of the airport. engages in any operation governed by
(G) Any other condition in which the this part without an appropriate cer-
pilot in command determines it to be tificate and operations specifications
prudent to exercise the pilot in com- required by part 119 of this chapter.
mand’s authority. [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
(4) Crew pairing. Either the pilot in amended by Amdt. 135–58, 60 FR 65939, Dec.
command or the second in command 20, 1995]
must have at least 75 hours of flight
time in that aircraft make or model § 135.12 Previously trained crew-
and, if a type rating is required, for members.
that type aircraft, either as pilot in A certificate holder may use a crew-
command or second in command. member who received the certificate
(b) The Administrator may authorize holder’s training in accordance with
deviations from paragraphs (a)(2)(i) or subparts E, G, and H of this part before
(a)(4) of this section if the Flight March 19, 1997 without complying with
lpowell on DSK54DXVN1OFR with $$_JOB

Standards District Office that issued initial training and qualification re-
the certificate holder’s operations quirements of subparts N and O of part
specifications finds that the crew- 121 of this chapter. The crewmember

407

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§ 135.19 14 CFR Ch. I (1–1–16 Edition)

must comply with the applicable recur- (d) A copy of the manual, or appro-
rent training requirements of part 121 priate portions of the manual (and
of this chapter. changes and additions) shall be made
available to maintenance and ground
[Doc. No. 27993, 60 FR 65950, Dec. 20, 1995]
operations personnel by the certificate
§ 135.19 Emergency operations. holder and furnished to—
(1) Its flight crewmembers; and
(a) In an emergency involving the
(2) Representatives of the Adminis-
safety of persons or property, the cer-
tificate holder may deviate from the trator assigned to the certificate hold-
rules of this part relating to aircraft er.
and equipment and weather minimums (e) Each employee of the certificate
to the extent required to meet that holder to whom a manual or appro-
emergency. priate portions of it are furnished
(b) In an emergency involving the under paragraph (d)(1) of this section
safety of persons or property, the pilot shall keep it up to date with the
in command may deviate from the changes and additions furnished to
rules of this part to the extent required them.
to meet that emergency. (f) Except as provided in paragraph
(c) Each person who, under the au- (h) of this section, each certificate
thority of this section, deviates from a holder must carry appropriate parts of
rule of this part shall, within 10 days, the manual on each aircraft when away
excluding Saturdays, Sundays, and from the principal operations base. The
Federal holidays, after the deviation, appropriate parts must be available for
send to the FAA Flight Standards Dis- use by ground or flight personnel.
trict Office charged with the overall in- (g) For the purpose of complying
spection of the certificate holder a with paragraph (d) of this section, a
complete report of the aircraft oper- certificate holder may furnish the per-
ation involved, including a description sons listed therein with all or part of
of the deviation and reasons for it. its manual in printed form or other
form, acceptable to the Administrator,
§ 135.21 Manual requirements. that is retrievable in the English lan-
(a) Each certificate holder, other guage. If the certificate holder fur-
than one who uses only one pilot in the nishes all or part of the manual in
certificate holder’s operations, shall other than printed form, it must en-
prepare and keep current a manual set- sure there is a compatible reading de-
ting forth the certificate holder’s pro- vice available to those persons that
cedures and policies acceptable to the provides a legible image of the infor-
Administrator. This manual must be mation and instructions, or a system
used by the certificate holder’s flight, that is able to retrieve the information
ground, and maintenance personnel in and instructions in the English lan-
conducting its operations. However, guage.
the Administrator may authorize a de- (h) If a certificate holder conducts
viation from this paragraph if the Ad- aircraft inspections or maintenance at
ministrator finds that, because of the specified stations where it keeps the
limited size of the operation, all or approved inspection program manual,
part of the manual is not necessary for it is not required to carry the manual
guidance of flight, ground, or mainte- aboard the aircraft en route to those
nance personnel. stations.
(b) Each certificate holder shall [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
maintain at least one copy of the man- amended by Amdt. 135–18, 47 FR 33396, Aug. 2,
ual at its principal base of operations. 1982; Amdt. 135–58, 60 FR 65939, Dec. 20, 1995;
(c) The manual must not be contrary Amdt. 135–66, 62 FR 13257, Mar. 19, 1997;
to any applicable Federal regulations, Amdt. 135–91, 68 FR 54585, Sept. 17, 2003]
foreign regulation applicable to the
certificate holder’s operations in for- § 135.23 Manual contents.
lpowell on DSK54DXVN1OFR with $$_JOB

eign countries, or the certificate hold- Each manual shall have the date of
er’s operating certificate or operations the last revision on each revised page.
specifications. The manual must include—

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Federal Aviation Administration, DOT § 135.23

(a) The name of each management (k) Procedures to be followed by the


person required under § 119.69(a) of this pilot in command in the briefing under
chapter who is authorized to act for § 135.117;
the certificate holder, the person’s as- (l) Flight locating procedures, when
signed area of responsibility, the per- applicable;
son’s duties, responsibilities, and au- (m) Procedures for ensuring compli-
thority, and the name and title of each ance with emergency procedures, in-
person authorized to exercise oper- cluding a list of the functions assigned
ational control under § 135.77; each category of required crew-
(b) Procedures for ensuring compli- members in connection with an emer-
ance with aircraft weight and balance gency and emergency evacuation du-
limitations and, for multiengine air- ties under § 135.123;
craft, for determining compliance with (n) En route qualification procedures
§ 135.185; for pilots, when applicable;
(c) Copies of the certificate holder’s (o) The approved aircraft inspection
operations specifications or appro- program, when applicable;
priate extracted information, including (p)(1) Procedures and information, as
area of operations authorized, category described in paragraph (p)(2) of this
and class of aircraft authorized, crew section, to assist each crewmember and
complements, and types of operations person performing or directly super-
authorized; vising the following job functions in-
(d) Procedures for complying with ac- volving items for transport on an air-
cident notification requirements; craft:
(e) Procedures for ensuring that the (i) Acceptance;
pilot in command knows that required (ii) Rejection;
airworthiness inspections have been (iii) Handling;
made and that the aircraft has been ap- (iv) Storage incidental to transport;
proved for return to service in compli- (v) Packaging of company material;
ance with applicable maintenance re- or
quirements; (vi) Loading.
(f) Procedures for reporting and re- (2) Ensure that the procedures and
cording mechanical irregularities that information described in this para-
come to the attention of the pilot in graph are sufficient to assist a person
command before, during, and after in identifying packages that are
completion of a flight; marked or labeled as containing haz-
(g) Procedures to be followed by the ardous materials or that show signs of
pilot in command for determining that containing undeclared hazardous mate-
mechanical irregularities or defects re- rials. The procedures and information
ported for previous flights have been must include:
corrected or that correction has been (i) Procedures for rejecting packages
deferred; that do not conform to the Hazardous
(h) Procedures to be followed by the Materials Regulations in 49 CFR parts
pilot in command to obtain mainte- 171 through 180 or that appear to con-
nance, preventive maintenance, and tain undeclared hazardous materials;
servicing of the aircraft at a place (ii) Procedures for complying with
where previous arrangements have not the hazardous materials incident re-
been made by the operator, when the porting requirements of 49 CFR 171.15
pilot is authorized to so act for the op- and 171.16 and discrepancy reporting re-
erator; quirements of 49 CFR 175.31.
(i) Procedures under § 135.179 for the (iii) The certificate holder’s hazmat
release for, or continuation of, flight if policies and whether the certificate
any item of equipment required for the holder is authorized to carry, or is pro-
particular type of operation becomes hibited from carrying, hazardous mate-
inoperative or unserviceable en route; rials; and
(j) Procedures for refueling aircraft, (iv) If the certificate holder’s oper-
eliminating fuel contamination, pro- ations specifications permit the trans-
lpowell on DSK54DXVN1OFR with $$_JOB

tecting from fire (including electro- port of hazardous materials, procedures


static protection), and supervising and and information to ensure the fol-
protecting passengers during refueling; lowing:

409

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§ 135.25 14 CFR Ch. I (1–1–16 Edition)

(A) That packages containing haz- may operate an aircraft under this part
ardous materials are properly offered unless that aircraft—
and accepted in compliance with 49 (1) Is registered as a civil aircraft of
CFR parts 171 through 180; the United States and carries an appro-
(B) That packages containing haz- priate and current airworthiness cer-
ardous materials are properly handled, tificate issued under this chapter; and
stored, packaged, loaded and carried on (2) Is in an airworthy condition and
board an aircraft in compliance with 49 meets the applicable airworthiness re-
CFR parts 171 through 180; quirements of this chapter, including
(C) That the requirements for Notice those relating to identification and
to the Pilot in Command (49 CFR equipment.
175.33) are complied with; and (b) Each certificate holder must have
(D) That aircraft replacement parts, the exclusive use of at least one air-
consumable materials or other items craft that meets the requirements for
regulated by 49 CFR parts 171 through at least one kind of operation author-
180 are properly handled, packaged, and ized in the certificate holder’s oper-
transported. ations specifications. In addition, for
(q) Procedures for the evacuation of each kind of operation for which the
persons who may need the assistance of certificate holder does not have the ex-
another person to move expeditiously clusive use of an aircraft, the certifi-
to an exit if an emergency occurs; and cate holder must have available for use
(r) If required by § 135.385, an ap- under a written agreement (including
proved Destination Airport Analysis arrangements for performing required
establishing runway safety margins at maintenance) at least one aircraft that
destination airports, taking into ac- meets the requirements for that kind
count the following factors as sup- of operation. However, this paragraph
ported by published aircraft perform- does not prohibit the operator from
ance data supplied by the aircraft man- using or authorizing the use of the air-
ufacturer for the appropriate runway craft for other than operations under
conditions— this part and does not require the cer-
(1) Pilot qualifications and experi- tificate holder to have exclusive use of
ence; all aircraft that the certificate holder
(2) Aircraft performance data to in- uses.
clude normal, abnormal and emergency (c) For the purposes of paragraph (b)
procedures as supplied by the aircraft of this section, a person has exclusive
manufacturer; use of an aircraft if that person has the
(3) Airport facilities and topography; sole possession, control, and use of it
(4) Runway conditions (including for flight, as owner, or has a written
contamination); agreement (including arrangements for
(5) Airport or area weather reporting; performing required maintenance), in
(6) Appropriate additional runway effect when the aircraft is operated,
safety margins, if required; giving the person that possession, con-
(7) Airplane inoperative equipment; trol, and use for at least 6 consecutive
(8) Environmental conditions; and months.
(9) Other criteria affecting aircraft (d) A certificate holder may operate
performance. in common carriage, and for the car-
(s) Other procedures and policy in- riage of mail, a civil aircraft which is
structions regarding the certificate leased or chartered to it without crew
holder’s operations issued by the cer- and is registered in a country which is
tificate holder. a party to the Convention on Inter-
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as national Civil Aviation if—
amended by Amdt. 135–20, 51 FR 40709, Nov. 7, (1) The aircraft carries an appro-
1986; Amdt. 135–58, 60 FR 65939, Dec. 20, 1995; priate airworthiness certificate issued
Amdt. 135–91, 68 FR 54586, Sept. 17, 2003; by the country of registration and
Amdt. 135–101, 70 FR 58829, Oct. 7, 2005] meets the registration and identifica-
tion requirements of that country;
lpowell on DSK54DXVN1OFR with $$_JOB

§ 135.25 Aircraft requirements. (2) The aircraft is of a type design


(a) Except as provided in paragraph which is approved under a U.S. type
(d) of this section, no certificate holder certificate and complies with all of the

410

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Federal Aviation Administration, DOT § 135.63

requirements of this chapter (14 CFR surrender the certificate for cancella-
chapter I) that would be applicable to tion at the nearest FAA Flight Stand-
that aircraft were it registered in the ards District Office at the termination
United States, including the require- of the holder’s employment with that
ments which must be met for issuance air carrier.
of a U.S. standard airworthiness cer-
[Doc. No. 28154, 61 FR 30435, June 14, 1996]
tificate (including type design con-
formity, condition for safe operation,
and the noise, fuel venting, and engine Subpart B—Flight Operations
emission requirements of this chapter),
except that a U.S. registration certifi- § 135.61 General.
cate and a U.S. standard airworthiness This subpart prescribes rules, in addi-
certificate will not be issued for the tion to those in part 91 of this chapter,
aircraft; that apply to operations under this
(3) The aircraft is operated by U.S.- part.
certificated airmen employed by the
certificate holder; and § 135.63 Recordkeeping requirements.
(4) The certificate holder files a copy (a) Each certificate holder shall keep
of the aircraft lease or charter agree- at its principal business office or at
ment with the FAA Aircraft Registry, other places approved by the Adminis-
Department of Transportation, 6400 trator, and shall make available for in-
South MacArthur Boulevard, Okla- spection by the Administrator the fol-
homa City, OK (Mailing address: P.O. lowing—
Box 25504, Oklahoma City, OK 73125). (1) The certificate holder’s operating
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as certificate;
amended by Amdt. 135–8, 45 FR 68649, Oct. 16, (2) The certificate holder’s operations
1980; Amdt. 135–66, 62 FR 13257, Mar. 19, 1997] specifications;
(3) A current list of the aircraft used
§ 135.41 Carriage of narcotic drugs, or available for use in operations under
marihuana, and depressant or stim-
ulant drugs or substances. this part and the operations for which
each is equipped;
If the holder of a certificate oper- (4) An individual record of each pilot
ating under this part allows any air- used in operations under this part, in-
craft owned or leased by that holder to cluding the following information:
be engaged in any operation that the (i) The full name of the pilot.
certificate holder knows to be in viola- (ii) The pilot certificate (by type and
tion of § 91.19(a) of this chapter, that number) and ratings that the pilot
operation is a basis for suspending or holds.
revoking the certificate. (iii) The pilot’s aeronautical experi-
[Doc. No. 28154, 60 FR 65939, Dec. 20, 1995] ence in sufficient detail to determine
the pilot’s qualifications to pilot air-
§ 135.43 Crewmember certificates: craft in operations under this part.
International operations. (iv) The pilot’s current duties and the
(a) This section describes the certifi- date of the pilot’s assignment to those
cates that were issued to United States duties.
citizens who were employed by air car- (v) The effective date and class of the
riers at the time of issuance as flight medical certificate that the pilot
crewmembers on United States reg- holds.
istered aircraft engaged in inter- (vi) The date and result of each of the
national air commerce. The purpose of initial and recurrent competency tests
the certificate is to facilitate the entry and proficiency and route checks re-
and clearance of those crewmembers quired by this part and the type of air-
into ICAO contracting states. They craft flown during that test or check.
were issued under Annex 9, as amended, (vii) The pilot’s flight time in suffi-
to the Convention on International cient detail to determine compliance
Civil Aviation. with the flight time limitations of this
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(b) The holder of a certificate issued part.


under this section, or the air carrier by (viii) The pilot’s check pilot author-
whom the holder is employed, shall ization, if any.

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§ 135.64 14 CFR Ch. I (1–1–16 Edition)

(ix) Any action taken concerning the location used by it and approved by the
pilot’s release from employment for Administrator.
physical or professional disqualifica- [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
tion. amended by Amdt. 135–52, 59 FR 42993, Aug.
(x) The date of the completion of the 19, 1994]
initial phase and each recurrent phase
of the training required by this part; § 135.64 Retention of contracts and
and amendments: Commercial operators
(5) An individual record for each who conduct intrastate operations
flight attendant who is required under for compensation or hire.
this part, maintained in sufficient de- Each commercial operator who con-
tail to determine compliance with the ducts intrastate operations for com-
applicable portions of § 135.273 of this pensation or hire shall keep a copy of
part. each written contract under which it
(b) Each certificate holder must keep provides services as a commercial oper-
each record required by paragraph ator for a period of at least one year
(a)(3) of this section for at least 6 after the date of execution of the con-
months, and must keep each record re- tract. In the case of an oral contract, it
quired by paragraphs (a)(4) and (a)(5) of shall keep a memorandum stating its
this section for at least 12 months. elements, and of any amendments to it,
(c) For multiengine aircraft, each for a period of at least one year after
certificate holder is responsible for the the execution of that contract or
preparation and accuracy of a load change.
manifest in duplicate containing infor- [Doc. No. 28154, 60 FR 65939, Dec. 20, 1995, as
mation concerning the loading of the amended by Amdt. 135–65, 61 FR 30435, June
aircraft. The manifest must be pre- 14, 1996; Amdt. 135–66, 62 FR 13257, Mar. 19,
pared before each takeoff and must in- 1997]
clude:
(1) The number of passengers; § 135.65 Reporting mechanical irreg-
(2) The total weight of the loaded air- ularities.
craft; (a) Each certificate holder shall pro-
(3) The maximum allowable takeoff vide an aircraft maintenance log to be
weight for that flight; carried on board each aircraft for re-
(4) The center of gravity limits; cording or deferring mechanical irreg-
(5) The center of gravity of the load- ularities and their correction.
ed aircraft, except that the actual cen- (b) The pilot in command shall enter
ter of gravity need not be computed if or have entered in the aircraft mainte-
the aircraft is loaded according to a nance log each mechanical irregularity
loading schedule or other approved that comes to the pilot’s attention dur-
method that ensures that the center of ing flight time. Before each flight, the
gravity of the loaded aircraft is within pilot in command shall, if the pilot
approved limits. In those cases, an does not already know, determine the
entry shall be made on the manifest in- status of each irregularity entered in
dicating that the center of gravity is the maintenance log at the end of the
within limits according to a loading preceding flight.
schedule or other approved method; (c) Each person who takes corrective
(6) The registration number of the action or defers action concerning a re-
aircraft or flight number; ported or observed failure or malfunc-
(7) The origin and destination; and tion of an airframe, powerplant, pro-
(8) Identification of crew members peller, rotor, or applicance, shall
and their crew position assignments. record the action taken in the aircraft
(d) The pilot in command of an air- maintenance log under the applicable
craft for which a load manifest must be maintenance requirements of this
prepared shall carry a copy of the com- chapter.
pleted load manifest in the aircraft to (d) Each certificate holder shall es-
its destination. The certificate holder tablish a procedure for keeping copies
lpowell on DSK54DXVN1OFR with $$_JOB

shall keep copies of completed load of the aircraft maintenance log re-
manifests for at least 30 days at its quired by this section in the aircraft
principal operations base, or at another for access by appropriate personnel and

412

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Federal Aviation Administration, DOT § 135.76

shall include that procedure in the § 135.73 Inspections and tests.


manual required by § 135.21.
Each certificate holder and each per-
§ 135.67 Reporting potentially haz- son employed by the certificate holder
ardous meteorological conditions shall allow the Administrator, at any
and irregularities of ground facili- time or place, to make inspections or
ties or navigation aids. tests (including en route inspections)
to determine the holder’s compliance
Whenever a pilot encounters a poten-
with the Federal Aviation Act of 1958,
tially hazardous meteorological condi- applicable regulations, and the certifi-
tion or an irregularity in a ground fa- cate holder’s operating certificate, and
cility or navigation aid in flight, the operations specifications.
knowledge of which the pilot considers
essential to the safety of other flights, § 135.75 Inspectors credentials: Admis-
the pilot shall notify an appropriate sion to pilots’ compartment: For-
ground radio station as soon as prac- ward observer’s seat.
ticable. (a) Whenever, in performing the du-
[Doc. No. 16097, 43 FR 46783, Oct. 1, 1978, as ties of conducting an inspection, an
amended at Amdt. 135–1, 44 FR 26737, May 7, FAA inspector presents an Aviation
1979; Amdt. 135–110, 72 FR 31684, June 7, 2007] Safety Inspector credential, FAA Form
110A, to the pilot in command of an
§ 135.69 Restriction or suspension of aircraft operated by the certificate
operations: Continuation of flight in holder, the inspector must be given
an emergency. free and uninterrupted access to the
(a) During operations under this part, pilot compartment of that aircraft.
if a certificate holder or pilot in com- However, this paragraph does not limit
mand knows of conditions, including the emergency authority of the pilot in
airport and runway conditions, that command to exclude any person from
are a hazard to safe operations, the cer- the pilot compartment in the interest
tificate holder or pilot in command, as of safety.
the case may be, shall restrict or sus- (b) A forward observer’s seat on the
pend operations as necessary until flight deck, or forward passenger seat
those conditions are corrected. with headset or speaker must be pro-
vided for use by the Administrator
(b) No pilot in command may allow a
while conducting en route inspections.
flight to continue toward any airport
The suitability of the location of the
of intended landing under the condi- seat and the headset or speaker for use
tions set forth in paragraph (a) of this in conducting en route inspections is
section, unless, in the opinion of the determined by the Administrator.
pilot in command, the conditions that
are a hazard to safe operations may § 135.76 DOD Commercial Air Carrier
reasonably be expected to be corrected Evaluator’s Credentials: Admission
by the estimated time of arrival or, un- to pilots compartment: Forward ob-
less there is no safer procedure. In the server’s seat.
latter event, the continuation toward (a) Whenever, in performing the du-
that airport is an emergency situation ties of conducting an evaluation, a
under § 135.19. DOD commercial air carrier evaluator
presents S&A Form 110B, ‘‘DOD Com-
§ 135.71 Airworthiness check. mercial Air Carrier Evaluator’s Cre-
The pilot in command may not begin dential,’’ to the pilot in command of an
a flight unless the pilot determines aircraft operated by the certificate
that the airworthiness inspections re- holder, the evaluator must be given
quired by § 91.409 of this chapter, or free and uninterrupted access to the pi-
lot’s compartment of that aircraft.
§ 135.419, whichever is applicable, have
However, this paragraph does not limit
been made.
the emergency authority of the pilot in
lpowell on DSK54DXVN1OFR with $$_JOB

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as command to exclude any person from
amended by Amdt. 135–32, 54 FR 34332, Aug. the pilot compartment in the interest
18, 1989] of safety.

413

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§ 135.77 14 CFR Ch. I (1–1–16 Edition)

(b) A forward observer’s seat on the (c) Each certificate holder shall fur-
flight deck or forward passenger seat nish the representative of the Adminis-
with headset or speaker must be pro- trator assigned to it with a copy of its
vided for use by the evaluator while flight locating procedures and any
conducting en route evaluations. The changes or additions, unless those pro-
suitability of the location of the seat cedures are included in a manual re-
and the headset or speaker for use in quired under this part.
conducting en route evaluations is de- [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
termined by the FAA. amended by Amdt. 135–110, 72 FR 31684, June
7, 2007]
[Doc. No. FAA–2003–15571, 68 FR 41218, July
10, 2003]
§ 135.81 Informing personnel of oper-
ational information and appro-
§ 135.77 Responsibility for operational priate changes.
control.
Each certificate holder shall inform
Each certificate holder is responsible each person in its employment of the
for operational control and shall list, operations specifications that apply to
in the manual required by § 135.21, the that person’s duties and responsibil-
name and title of each person author- ities and shall make available to each
ized by it to exercise operational con- pilot in the certificate holder’s employ
trol. the following materials in current
form:
§ 135.78 Instrument approach proce- (a) Airman’s Information Manual
dures and IFR landing minimums.
(Alaska Supplement in Alaska and Pa-
No person may make an instrument cific Chart Supplement in Pacific-Asia
approach at an airport except in ac- Regions) or a commercial publication
cordance with IFR weather minimums that contains the same information.
and instrument approach procedures (b) This part and part 91 of this chap-
set forth in the certificate holder’s op- ter.
erations specifications. (c) Aircraft Equipment Manuals, and
[Doc. No. FAA–2002–14002, 72 FR 31684, June 7,
Aircraft Flight Manual or equivalent.
2007] (d) For foreign operations, the Inter-
national Flight Information Manual or
§ 135.79 Flight locating requirements. a commercial publication that con-
tains the same information concerning
(a) Each certificate holder must have the pertinent operational and entry re-
procedures established for locating quirements of the foreign country or
each flight, for which an FAA flight countries involved.
plan is not filed, that—
(1) Provide the certificate holder § 135.83 Operating information re-
with at least the information required quired.
to be included in a VFR flight plan; (a) The operator of an aircraft must
(2) Provide for timely notification of provide the following materials, in cur-
an FAA facility or search and rescue rent and appropriate form, accessible
facility, if an aircraft is overdue or to the pilot at the pilot station, and
missing; and the pilot shall use them:
(3) Provide the certificate holder (1) A cockpit checklist.
with the location, date, and estimated (2) For multiengine aircraft or for
time for reestablishing communica- aircraft with retractable landing gear,
tions, if the flight will operate in an an emergency cockpit checklist con-
area where communications cannot be taining the procedures required by
maintained. paragraph (c) of this section, as appro-
(b) Flight locating information shall priate.
be retained at the certificate holder’s (3) Pertinent aeronautical charts.
principal place of business, or at other (4) For IFR operations, each perti-
places designated by the certificate nent navigational en route, terminal
lpowell on DSK54DXVN1OFR with $$_JOB

holder in the flight locating proce- area, and approach and letdown chart.
dures, until the completion of the (5) For multiengine aircraft, one-en-
flight. gine-inoperative climb performance

414

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Federal Aviation Administration, DOT § 135.87

data and if the aircraft is approved for (h) A DOD commercial air carrier
use in IFR or over-the-top operations, evaluator conducting an en route eval-
that data must be sufficient to enable uation.
the pilot to determine compliance with [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
§ 135.181(a)(2). amended by Amdt. 135–88, 68 FR 41218, July
(b) Each cockpit checklist required 10, 2003]
by paragraph (a)(1) of this section must
contain the following procedures: § 135.87 Carriage of cargo including
(1) Before starting engines; carry-on baggage.
(2) Before takeoff; No person may carry cargo, including
(3) Cruise; carry-on baggage, in or on any aircraft
(4) Before landing; unless—
(5) After landing; (a) It is carried in an approved cargo
(6) Stopping engines. rack, bin, or compartment installed in
(c) Each emergency cockpit checklist or on the aircraft;
required by paragraph (a)(2) of this sec- (b) It is secured by an approved
tion must contain the following proce- means; or
dures, as appropriate: (c) It is carried in accordance with
(1) Emergency operation of fuel, hy- each of the following:
draulic, electrical, and mechanical sys- (1) For cargo, it is properly secured
tems. by a safety belt or other tie-down hav-
(2) Emergency operation of instru- ing enough strength to eliminate the
ments and controls. possibility of shifting under all nor-
(3) Engine inoperative procedures. mally anticipated flight and ground
(4) Any other emergency procedures conditions, or for carry-on baggage, it
necessary for safety. is restrained so as to prevent its move-
ment during air turbulence.
§ 135.85 Carriage of persons without (2) It is packaged or covered to avoid
compliance with the passenger-car- possible injury to occupants.
rying provisions of this part. (3) It does not impose any load on
The following persons may be carried seats or on the floor structure that ex-
aboard an aircraft without complying ceeds the load limitation for those
with the passenger-carrying require- components.
ments of this part: (4) It is not located in a position that
(a) A crewmember or other employee obstructs the access to, or use of, any
of the certificate holder. required emergency or regular exit, or
(b) A person necessary for the safe the use of the aisle between the crew
handling of animals on the aircraft. and the passenger compartment, or lo-
(c) A person necessary for the safe cated in a position that obscures any
handling of hazardous materials (as de- passenger’s view of the ‘‘seat belt’’
fined in subchapter C of title 49 CFR). sign, ‘‘no smoking’’ sign, or any re-
(d) A person performing duty as a se- quired exit sign, unless an auxiliary
curity or honor guard accompanying a sign or other approved means for prop-
shipment made by or under the author- er notification of the passengers is pro-
ity of the U.S. Government. vided.
(e) A military courier or a military (5) It is not carried directly above
route supervisor carried by a military seated occupants.
cargo contract air carrier or commer- (6) It is stowed in compliance with
cial operator in operations under a this section for takeoff and landing.
military cargo contract, if that car- (7) For cargo only operations, para-
riage is specifically authorized by the graph (c)(4) of this section does not
appropriate military service. apply if the cargo is loaded so that at
(f) An authorized representative of least one emergency or regular exit is
the Administrator conducting an en available to provide all occupants of
route inspection. the aircraft a means of unobstructed
(g) A person, authorized by the Ad- exit from the aircraft if an emergency
lpowell on DSK54DXVN1OFR with $$_JOB

ministrator, who is performing a duty occurs.


connected with a cargo operation of (d) Each passenger seat under which
the certificate holder. baggage is stowed shall be fitted with a

415

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§ 135.89 14 CFR Ch. I (1–1–16 Edition)

means to prevent articles of baggage on and use an approved oxygen mask


stowed under it from sliding under until the other pilot returns to the
crash impacts severe enough to induce pilot duty station of the aircraft.
the ultimate inertia forces specified in
the emergency landing condition regu- § 135.91 Oxygen for medical use by
lations under which the aircraft was passengers.
type certificated. (a) Except as provided in paragraphs
(e) When cargo is carried in cargo (d) and (e) of this section, no certifi-
compartments that are designed to re- cate holder may allow the carriage or
quire the physical entry of a crew- operation of equipment for the storage,
member to extinguish any fire that generation or dispensing of medical ox-
may occur during flight, the cargo ygen unless the unit to be carried is
must be loaded so as to allow a crew- constructed so that all valves, fittings,
member to effectively reach all parts and gauges are protected from damage
of the compartment with the contents during that carriage or operation and
of a hand fire extinguisher. unless the following conditions are
met—
§ 135.89 Pilot requirements: Use of ox-
ygen. (1) The equipment must be—
(i) Of an approved type or in con-
(a) Unpressurized aircraft. Each pilot formity with the manufacturing, pack-
of an unpressurized aircraft shall use aging, marking, labeling, and mainte-
oxygen continuously when flying— nance requirements of title 49 CFR
(1) At altitudes above 10,000 feet parts 171, 172, and 173, except
through 12,000 feet MSL for that part of § 173.24(a)(1);
the flight at those altitudes that is of (ii) When owned by the certificate
more than 30 minutes duration; and holder, maintained under the certifi-
(2) Above 12,000 feet MSL. cate holder’s approved maintenance
(b) Pressurized aircraft. (1) Whenever a program;
pressurized aircraft is operated with
(iii) Free of flammable contaminants
the cabin pressure altitude more than
on all exterior surfaces; and
10,000 feet MSL, each pilot shall com-
(iv) Appropriately secured.
ply with paragraph (a) of this section.
(2) Whenever a pressurized aircraft is (2) When the oxygen is stored in the
operated at altitudes above 25,000 feet form of a liquid, the equipment must
through 35,000 feet MSL, unless each have been under the certificate holder’s
pilot has an approved quick-donning approved maintenance program since
type oxygen mask— its purchase new or since the storage
(i) At least one pilot at the controls container was last purged.
shall wear, secured and sealed, an oxy- (3) When the oxygen is stored in the
gen mask that either supplies oxygen form of a compressed gas as defined in
at all times or automatically supplies title 49 CFR 173.300(a)—
oxygen whenever the cabin pressure al- (i) When owned by the certificate
titude exceeds 12,000 feet MSL; and holder, it must be maintained under its
(ii) During that flight, each other approved maintenance program; and
pilot on flight deck duty shall have an (ii) The pressure in any oxygen cyl-
oxygen mask, connected to an oxygen inder must not exceed the rated cyl-
supply, located so as to allow imme- inder pressure.
diate placing of the mask on the pilot’s (4) The pilot in command must be ad-
face sealed and secured for use. vised when the equipment is on board,
(3) Whenever a pressurized aircraft is and when it is intended to be used.
operated at altitudes above 35,000 feet (5) The equipment must be stowed,
MSL, at least one pilot at the controls and each person using the equipment
shall wear, secured and sealed, an oxy- must be seated, so as not to restrict ac-
gen mask required by paragraph cess to or use of any required emer-
(b)(2)(i) of this section. gency or regular exit, or of the aisle in
(4) If one pilot leaves a pilot duty sta- the passenger compartment.
lpowell on DSK54DXVN1OFR with $$_JOB

tion of an aircraft when operating at (b) No person may smoke and no cer-
altitudes above 25,000 feet MSL, the re- tificate holder may allow any person to
maining pilot at the controls shall put smoke within 10 feet of oxygen storage

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Federal Aviation Administration, DOT § 135.93

and dispensing equipment carried (1) At a minimum engagement alti-


under paragraph (a) of this section. tude specified in the AFM; or
(c) No certificate holder may allow (2) At an altitude specified by the Ad-
any person other than a person trained ministrator, whichever is greater.
in the use of medical oxygen equip- (c) Enroute. No person may use an
ment to connect or disconnect oxygen autopilot enroute, including climb and
bottles or any other ancillary compo- descent, below the following—
nent while any passenger is aboard the (1) 500 feet;
aircraft. (2) At an altitude that is no lower
(d) Paragraph (a)(1)(i) of this section than twice the altitude loss specified in
does not apply when that equipment is the AFM for an autopilot malfunction
furnished by a professional or medical in cruise conditions; or
emergency service for use on board an (3) At an altitude specified by the Ad-
aircraft in a medical emergency when ministrator, whichever is greater.
no other practical means of transpor- (d) Approach. No person may use an
tation (including any other properly autopilot at an altitude lower than 50
equipped certificate holder) is reason- feet below the DA(H) or MDA for the
ably available and the person carried instrument procedure being flown, ex-
under the medical emergency is accom- cept as follows—
panied by a person trained in the use of (1) For autopilots with an AFM speci-
medical oxygen. fied altitude loss for approach oper-
(e) Each certificate holder who, under ations—
the authority of paragraph (d) of this (i) An altitude no lower than twice
section, deviates from paragraph the specified altitude loss if higher
(a)(1)(i) of this section under a medical than 50 feet below the MDA or DA(H);
emergency shall, within 10 days, ex- (ii) An altitude no lower than 50 feet
cluding Saturdays, Sundays, and Fed- higher than the altitude loss specified
eral holidays, after the deviation, send in the AFM, when the following condi-
to the certificate-holding district office tions are met—
a complete report of the operation in- (A) Reported weather conditions are
volved, including a description of the less than the basic VFR weather condi-
deviation and the reasons for it. tions in § 91.155 of this chapter;
(B) Suitable visual references speci-
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as fied in § 91.175 of this chapter have been
amended by Amdt. 135–60, 61 FR 2616, Jan. 26, established on the instrument ap-
1996]
proach procedure; and
§ 135.93 Minimum altitudes for use of (C) The autopilot is coupled and re-
autopilot. ceiving both lateral and vertical path
references;
(a) Definitions. For purpose of this (iii) An altitude no lower than the
section— higher of the altitude loss specified in
(1) Altitudes for takeoff/initial climb the AFM or 50 feet above the TDZE,
and go-around/missed approach are de- when the following conditions are
fined as above the airport elevation. met—
(2) Altitudes for enroute operations (A) Reported weather conditions are
are defined as above terrain elevation. equal to or better than the basic VFR
(3) Altitudes for approach are defined weather conditions in § 91.155 of this
as above the touchdown zone elevation chapter; and
(TDZE), unless the altitude is specifi- (B) The autopilot is coupled and re-
cally in reference to DA (H) or MDA, in ceiving both lateral and vertical path
which case the altitude is defined by references; or
reference to the DA(H) or MDA itself. (iv) A greater altitude specified by
(b) Takeoff and initial climb. No person the Administrator.
may use an autopilot for takeoff or ini- (2) For autopilots with AFM specified
tial climb below the higher of 500 feet approach altitude limitations, the
or an altitude that is no lower than greater of—
lpowell on DSK54DXVN1OFR with $$_JOB

twice the altitude loss specified in the (i) The minimum use altitude speci-
Airplane Flight Manual (AFM), except fied for the coupled approach mode se-
as follows— lected;

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§ 135.95 14 CFR Ch. I (1–1–16 Edition)

(ii) 50 feet; or the pilot’s ability to conduct all oper-


(iii) An altitude specified by Admin- ations for which the pilot is author-
istrator. ized.
(3) For autopilots with an AFM speci-
fied negligible or zero altitude loss for § 135.98 Operations in the North Polar
an autopilot approach mode malfunc- Area.
tion, the greater of— After August 13, 2008, no certificate
(i) 50 feet; or holder may operate an aircraft in the
(ii) An altitude specified by Adminis- region north of 78° N latitude (‘‘North
trator. Polar Area’’), other than intrastate op-
(4) If executing an autopilot coupled erations wholly within the state of
go-around or missed approach using a Alaska, unless authorized by the FAA.
certificated and functioning autopilot The certificate holder’s operation spec-
in accordance with paragraph (e) in ifications must include the following:
this section. (a) The designation of airports that
(e) Go-Around/Missed Approach. No may be used for en-route diversions
person may engage an autopilot during and the requirements the airports must
a go-around or missed approach below meet at the time of diversion.
the minimum engagement altitude (b) Except for all-cargo operations, a
specified for takeoff and initial climb recovery plan for passengers at des-
in paragraph (b) in this section. An ignated diversion airports.
autopilot minimum use altitude does (c) A fuel-freeze strategy and proce-
not apply to a go-around/missed ap- dures for monitoring fuel freezing for
proach initiated with an engaged auto- operations in the North Polar Area.
pilot. Performing a go-around or (d) A plan to ensure communication
missed approach with an engaged auto- capability for operations in the North
pilot must not adversely affect safe ob- Polar Area.
stacle clearance.
(e) An MEL for operations in the
(f) Landing. Notwithstanding para-
North Polar Area.
graph (d) of this section, autopilot min-
(f) A training plan for operations in
imum use altitudes do not apply to
the North Polar Area.
autopilot operations when an approved
automatic landing system mode is (g) A plan for mitigating crew expo-
being used for landing. Automatic sure to radiation during solar flare ac-
landing systems must be authorized in tivity.
an operations specification issued to (h) A plan for providing at least two
the operator. cold weather anti-exposure suits in the
(g) This section does not apply to op- aircraft, to protect crewmembers dur-
erations conducted in rotorcraft. ing outside activity at a diversion air-
port with extreme climatic conditions.
[Doc. No. FAA–2012–1059, 79 FR 6088, Feb. 3, The FAA may relieve the certificate
2014] holder from this requirement if the
§ 135.95 Airmen: Limitations on use of season of the year makes the equip-
services. ment unnecessary.
No certificate holder may use the [Doc. No. FAA–2002–6717, 72 FR 1885, Jan. 16,
services of any person as an airman un- 2007, as amended by Amdt. 135–112, 73 FR
less the person performing those serv- 8798, Feb. 15, 2008]
ices—
§ 135.99 Composition of flight crew.
(a) Holds an appropriate and current
airman certificate; and (a) No certificate holder may operate
(b) Is qualified, under this chapter, an aircraft with less than the min-
for the operation for which the person imum flight crew specified in the air-
is to be used. craft operating limitations or the Air-
craft Flight Manual for that aircraft
§ 135.97 Aircraft and facilities for re- and required by this part for the kind
cent flight experience. of operation being conducted.
lpowell on DSK54DXVN1OFR with $$_JOB

Each certificate holder shall provide (b) No certificate holder may operate
aircraft and facilities to enable each of an aircraft without a second in com-
its pilots to maintain and demonstrate mand if that aircraft has a passenger

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Federal Aviation Administration, DOT § 135.107

seating configuration, excluding any § 135.103 [Reserved]


pilot seat, of ten seats or more.
§ 135.105 Exception to second in com-
§ 135.100 Flight crewmember duties. mand requirement: Approval for
use of autopilot system.
(a) No certificate holder shall re-
quire, nor may any flight crewmember (a) Except as provided in §§ 135.99 and
perform, any duties during a critical 135.111, unless two pilots are required
phase of flight except those duties re- by this chapter for operations under
quired for the safe operation of the air- VFR, a person may operate an aircraft
craft. Duties such as company required without a second in command, if it is
equipped with an operative approved
calls made for such nonsafety related
autopilot system and the use of that
purposes as ordering galley supplies
system is authorized by appropriate op-
and confirming passenger connections,
erations specifications. No certificate
announcements made to passengers holder may use any person, nor may
promoting the air carrier or pointing any person serve, as a pilot in com-
out sights of interest, and filling out mand under this section of an aircraft
company payroll and related records operated in a commuter operation, as
are not required for the safe operation defined in part 119 of this chapter un-
of the aircraft. less that person has at least 100 hours
(b) No flight crewmember may en- pilot in command flight time in the
gage in, nor may any pilot in command make and model of aircraft to be flown
permit, any activity during a critical and has met all other applicable re-
phase of flight which could distract quirements of this part.
any flight crewmember from the per- (b) The certificate holder may apply
formance of his or her duties or which for an amendment of its operations
could interfere in any way with the specifications to authorize the use of
proper conduct of those duties. Activi- an autopilot system in place of a sec-
ties such as eating meals, engaging in ond in command.
nonessential conversations within the (c) The Administrator issues an
cockpit and nonessential communica- amendment to the operations specifica-
tions between the cabin and cockpit tions authorizing the use of an auto-
crews, and reading publications not re- pilot system, in place of a second in
lated to the proper conduct of the command, if—
flight are not required for the safe op- (1) The autopilot is capable of oper-
eration of the aircraft. ating the aircraft controls to maintain
(c) For the purposes of this section, flight and maneuver it about the three
axes; and
critical phases of flight includes all
ground operations involving taxi, take- (2) The certificate holder shows, to
the satisfaction of the Administrator,
off and landing, and all other flight op-
that operations using the autopilot
erations conducted below 10,000 feet,
system can be conducted safely and in
except cruise flight.
compliance with this part.
NOTE: Taxi is defined as ‘‘movement of an The amendment contains any condi-
airplane under its own power on the surface tions or limitations on the use of the
of an airport.’’ autopilot system that the Adminis-
[Doc. No. 20661, 46 FR 5502, Jan. 19, 1981] trator determines are needed in the in-
terest of safety.
§ 135.101 Second in command required [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
under IFR. amended by Amdt. 135–3, 45 FR 7542, Feb. 4,
Except as provided in § 135.105, no per- 1980; Amdt. 135–58, 60 FR 65939, Dec. 20, 1995]
son may operate an aircraft carrying
§ 135.107 Flight attendant crew-
passengers under IFR unless there is a member requirement.
second in command in the aircraft.
No certificate holder may operate an
lpowell on DSK54DXVN1OFR with $$_JOB

[Doc. No. 28743, 62 FR 42374, Aug. 6, 1997] aircraft that has a passenger seating
configuration, excluding any pilot seat,
of more than 19 unless there is a flight

419

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§ 135.109 14 CFR Ch. I (1–1–16 Edition)

attendant crewmember on board the (1) Smoking. Each passenger shall be


aircraft. briefed on when, where, and under what
conditions smoking is prohibited (in-
§ 135.109 Pilot in command or second cluding, but not limited to, any appli-
in command: Designation required. cable requirements of part 252 of this
(a) Each certificate holder shall des- title). This briefing shall include a
ignate a— statement that the Federal Aviation
(1) Pilot in command for each flight; Regulations require passenger compli-
and ance with the lighted passenger infor-
(2) Second in command for each mation signs (if such signs are re-
flight requiring two pilots. quired), posted placards, areas des-
(b) The pilot in command, as des- ignated for safety purposes as no smok-
ignated by the certificate holder, shall ing areas, and crewmember instruc-
remain the pilot in command at all tions with regard to these items. The
times during that flight. briefing shall also include a statement
(if the aircraft is equipped with a lava-
§ 135.111 Second in command required tory) that Federal law prohibits: tam-
in Category II operations. pering with, disabling, or destroying
No person may operate an aircraft in any smoke detector installed in an air-
a Category II operation unless there is craft lavatory; smoking in lavatories;
a second in command of the aircraft. and, when applicable, smoking in pas-
senger compartments.
§ 135.113 Passenger occupancy of pilot (2) The use of safety belts, including
seat. instructions on how to fasten and un-
No certificate holder may operate an fasten the safety belts. Each passenger
aircraft type certificated after October shall be briefed on when, where, and
15, 1971, that has a passenger seating under what conditions the safety belt
configuration, excluding any pilot seat, must be fastened about that passenger.
of more than eight seats if any person This briefing shall include a statement
other than the pilot in command, a sec- that the Federal Aviation Regulations
ond in command, a company check air- require passenger compliance with
man, or an authorized representative of lighted passenger information signs
the Administrator, the National Trans- and crewmember instructions con-
portation Safety Board, or the United cerning the use of safety belts.
States Postal Service occupies a pilot (3) The placement of seat backs in an
seat. upright position before takeoff and
landing;
§ 135.115 Manipulation of controls. (4) Location and means for opening
No pilot in command may allow any the passenger entry door and emer-
person to manipulate the flight con- gency exits;
trols of an aircraft during flight con- (5) Location of survival equipment;
ducted under this part, nor may any (6) If the flight involves extended
person manipulate the controls during overwater operation, ditching proce-
such flight unless that person is— dures and the use of required flotation
(a) A pilot employed by the certifi- equipment;
cate holder and qualified in the air- (7) If the flight involves operations
craft; or above 12,000 feet MSL, the normal and
(b) An authorized safety representa- emergency use of oxygen; and
tive of the Administrator who has the (8) Location and operation of fire ex-
permission of the pilot in command, is tinguishers.
qualified in the aircraft, and is check- (9) If a rotorcraft operation involves
ing flight operations. flight beyond autorotational distance
from the shoreline, as defined in
§ 135.117 Briefing of passengers before § 135.168(a), use of life preservers, ditch-
flight. ing procedures and emergency exit
(a) Before each takeoff each pilot in from the rotorcraft in the event of a
lpowell on DSK54DXVN1OFR with $$_JOB

command of an aircraft carrying pas- ditching; and the location and use of
sengers shall ensure that all passengers life rafts and other life preserver de-
have been orally briefed on— vices if applicable.

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Federal Aviation Administration, DOT § 135.122

(b) Before each takeoff the pilot in § 135.119 Prohibition against carriage
command shall ensure that each person of weapons.
who may need the assistance of an- No person may, while on board an
other person to move expeditiously to aircraft being operated by a certificate
an exit if an emergency occurs and holder, carry on or about that person a
that person’s attendant, if any, has re- deadly or dangerous weapon, either
ceived a briefing as to the procedures concealed or unconcealed. This section
to be followed if an evacuation occurs. does not apply to—
This paragraph does not apply to a per- (a) Officials or employees of a mu-
son who has been given a briefing be- nicipality or a State, or of the United
fore a previous leg of a flight in the States, who are authorized to carry
same aircraft. arms; or
(c) The oral briefing required by (b) Crewmembers and other persons
authorized by the certificate holder to
paragraph (a) of this section shall be
carry arms.
given by the pilot in command or a
crewmember. § 135.120 Prohibition on interference
(d) Notwithstanding the provisions of with crewmembers.
paragraph (c) of this section, for air- No person may assault, threaten, in-
craft certificated to carry 19 passengers timidate, or interfere with a crew-
or less, the oral briefing required by member in the performance of the
paragraph (a) of this section shall be crewmember’s duties aboard an air-
given by the pilot in command, a crew- craft being operated under this part.
member, or other qualified person des- [Doc. No. FAA–1998–4954, 64 FR 1080, Jan. 7,
ignated by the certificate holder and 1999]
approved by the Administrator.
(e) The oral briefing required by § 135.121 Alcoholic beverages.
paragraph (a) of this section must be (a) No person may drink any alco-
supplemented by printed cards which holic beverage aboard an aircraft un-
must be carried in the aircraft in loca- less the certificate holder operating
tions convenient for the use of each the aircraft has served that beverage.
passenger. The cards must— (b) No certificate holder may serve
(1) Be appropriate for the aircraft on any alcoholic beverage to any person
which they are to be used; aboard its aircraft if that person ap-
(2) Contain a diagram of, and method pears to be intoxicated.
of operating, the emergency exits; (c) No certificate holder may allow
any person to board any of its aircraft
(3) Contain other instructions nec-
if that person appears to be intoxi-
essary for the use of emergency equip- cated.
ment on board the aircraft; and
(4) No later than June 12, 2005, for § 135.122 Stowage of food, beverage,
scheduled Commuter passenger-car- and passenger service equipment
rying flights, include the sentence, during aircraft movement on the
‘‘Final assembly of this aircraft was surface, takeoff, and landing.
completed in [INSERT NAME OF (a) No certificate holder may move
COUNTRY].’’ an aircraft on the surface, take off, or
(f) The briefing required by para- land when any food, beverage, or table-
graph (a) may be delivered by means of ware furnished by the certificate hold-
an approved recording playback device er is located at any passenger seat.
that is audible to each passenger under (b) No certificate holder may move
an aircraft on the surface, take off, or
normal noise levels.
land unless each food and beverage
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as tray and seat back tray table is se-
amended by Amdt. 135–9, 51 FR 40709, Nov. 7, cured in its stowed position.
1986; Amdt. 135–25, 53 FR 12362, Apr. 13, 1988; (c) No certificate holder may permit
Amdt. 135–44, 57 FR 42675, Sept. 15, 1992; 57 an aircraft to move on the surface,
lpowell on DSK54DXVN1OFR with $$_JOB

FR 43776, Sept. 22, 1992; 69 FR 39294, June 29, take off, or land unless each passenger
2004; Amdt. 135–129, 79 FR 9973, Feb. 21, 2014] serving cart is secured in its stowed po-
sition.

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§ 135.123 14 CFR Ch. I (1–1–16 Edition)

(d) Each passenger shall comply with on-demand operation may authorize
instructions given by a crewmember smoking on the flight deck (if it is
with regard to compliance with this physically separated from any pas-
section. senger compartment), except in any of
the following situations:
[Doc. No. 26142, 57 FR 42675, Sept. 15, 1992]
(i) During aircraft movement on the
§ 135.123 Emergency and emergency surface or during takeoff or landing;
evacuation duties. (ii) During scheduled passenger-car-
rying public charter operations con-
(a) Each certificate holder shall as-
ducted under part 380 of this title;
sign to each required crewmember for
(iii) During on-demand operations
each type of aircraft as appropriate,
conducted interstate that meet para-
the necessary functions to be per-
graph (2) of the definition ‘‘On-demand
formed in an emergency or in a situa-
operation’’ in § 110.2 of this chapter, un-
tion requiring emergency evacuation.
less permitted under paragraph (b)(2) of
The certificate holder shall ensure that
this section; or
those functions can be practicably ac-
(iv) During any operation where
complished, and will meet any reason-
smoking is prohibited by part 252 of
ably anticipated emergency including
this title or by international agree-
incapacitation of individual crew-
ment.
members or their inability to reach the
(2) Certain intrastate commuter oper-
passenger cabin because of shifting
ations and certain intrastate on-demand
cargo in combination cargo-passenger
operations. Except during aircraft
aircraft.
movement on the surface or during
(b) The certificate holder shall de-
takeoff or landing, a pilot in command
scribe in the manual required under
of an aircraft engaged in a commuter
§ 135.21 the functions of each category
operation or an on-demand operation
of required crewmembers assigned
that meets paragraph (2) of the defini-
under paragraph (a) of this section.
tion of ‘‘On-demand operation’’ in
§ 135.125 Aircraft security. § 110.2 of this chapter may authorize
smoking on the flight deck (if it is
Certificate holders conducting opera- physically separated from the pas-
tors conducting operations under this senger compartment, if any) if—
part must comply with the applicable (i) Smoking on the flight deck is not
security requirements in 49 CFR chap- otherwise prohibited by part 252 of this
ter XII. title;
[67 FR 8350, Feb. 22, 2002] (ii) The flight is conducted entirely
within the same State of the United
§ 135.127 Passenger information re- States (a flight from one place in Ha-
quirements and smoking prohibi- waii to another place in Hawaii
tions. through the airspace over a place out-
(a) No person may conduct a sched- side Hawaii is not entirely within the
uled flight on which smoking is prohib- same State); and
ited by part 252 of this title unless the (iii) The aircraft is either not tur-
‘‘No Smoking’’ passenger information bojet-powered or the aircraft is not ca-
signs are lighted during the entire pable of carrying at least 30 passengers.
flight, or one or more ‘‘No Smoking’’ (c) No person may smoke in any air-
placards meeting the requirements of craft lavatory.
§ 25.1541 of this chapter are posted dur- (d) No person may operate an aircraft
ing the entire flight. If both the lighted with a lavatory equipped with a smoke
signs and the placards are used, the detector unless there is in that lava-
signs must remain lighted during the tory a sign or placard which reads:
entire flight segment. ‘‘Federal law provides for a penalty of
(b) No person may smoke while a ‘‘No up to $2,000 for tampering with the
Smoking’’ sign is lighted or while ‘‘No smoke detector installed in this lava-
Smoking’’ placards are posted, except tory.’’
lpowell on DSK54DXVN1OFR with $$_JOB

as follows: (e) No person may tamper with, dis-


(1) On-demand operations. The pilot in able, or destroy any smoke detector in-
command of an aircraft engaged in an stalled in any aircraft lavatory.

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VerDate Sep<11>2014 16:12 Feb 04, 2016 Jkt 238048 PO 00000 Frm 00432 Fmt 8010 Sfmt 8002 Q:\14\14V3.TXT 31
Federal Aviation Administration, DOT § 135.128

(f) On flight segments other than of the persons described in paragraph


those described in paragraph (a) of this (a)(2)(i) of this section, provided:
section, the ‘‘No Smoking’’ sign re- (i) The child is accompanied by a par-
quired by § 135.177(a)(3) of this part ent, guardian, or attendant designated
must be turned on during any move- by the child’s parent or guardian to at-
ment of the aircraft on the surface, for tend to the safety of the child during
each takeoff or landing, and at any the flight;
other time considered necessary by the (ii) Except as provided in paragraph
pilot in command. (a)(2)(ii)(D) of this section, the ap-
(g) The passenger information re- proved child restraint system bears one
quirements prescribed in § 91.517 (b) and or more labels as follows:
(d) of this chapter are in addition to (A) Seats manufactured to U.S.
the requirements prescribed in this sec- standards between January 1, 1981, and
tion. February 25, 1985, must bear the label:
(h) Each passenger shall comply with ‘‘This child restraint system conforms
instructions given him or her by crew- to all applicable Federal motor vehicle
members regarding compliance with safety standards’’;
paragraphs (b), (c), and (e) of this sec- (B) Seats manufactured to U.S.
tion. standards on or after February 26, 1985,
must bear two labels:
[Doc. No. 25590, 55 FR 8367, Mar. 7, 1990, as (1) ‘‘This child restraint system con-
amended by Amdt. 135–35, 55 FR 20135, May forms to all applicable Federal motor
15, 1990; Amdt. 135–44, 57 FR 42675, Sept. 15, vehicle safety standards’’; and
1992; Amdt. 135–60, 61 FR 2616, Jan. 26, 1996;
(2) ‘‘THIS RESTRAINT IS CER-
Amdt. 135–76, 65 FR 36780, June 9, 2000; Amdt.
135–124, 76 FR 7491, Feb. 10, 2011] TIFIED FOR USE IN MOTOR VEHI-
CLES AND AIRCRAFT’’ in red let-
§ 135.128 Use of safety belts and child tering;
restraint systems. (C) Seats that do not qualify under
paragraphs (a)(2)(ii)(A) and (a)(2)(ii)(B)
(a) Except as provided in this para- of this section must bear a label or
graph, each person on board an aircraft markings showing:
operated under this part shall occupy (1) That the seat was approved by a
an approved seat or berth with a sepa- foreign government;
rate safety belt properly secured about (2) That the seat was manufactured
him or her during movement on the under the standards of the United Na-
surface, takeoff, and landing. For sea- tions;
plane and float equipped rotorcraft op- (3) That the seat or child restraint
erations during movement on the sur- device furnished by the certificate
face, the person pushing off the sea- holder was approved by the FAA
plane or rotorcraft from the dock and through Type Certificate or Supple-
the person mooring the seaplane or mental Type Certificate; or
rotorcraft at the dock are excepted (4) That the seat or child restraint
from the preceding seating and safety device furnished by the certificate
belt requirements. A safety belt pro- holder, or one of the persons described
vided for the occupant of a seat may in paragraph (a)(2)(i) of this section,
not be used by more than one person was approved by the FAA in accord-
who has reached his or her second ance with § 21.8(d) of this chapter or
birthday. Notwithstanding the pre- Technical Standard Order C–100b, or a
ceding requirements, a child may: later version. The child restraint de-
(1) Be held by an adult who is occu- vice manufactured by AmSafe, Inc.
pying an approved seat or berth, pro- (CARES, Part No. 4082) and approved
vided the child has not reached his or by the FAA in accordance with
her second birthday and the child does § 21.305(d) (2010 ed.) of this chapter may
not occupy or use any restraining de- continue to bear a label or markings
vice; or showing FAA approval in accordance
(2) Notwithstanding any other re- with § 21.305(d) (2010 ed.) of this chapter.
lpowell on DSK54DXVN1OFR with $$_JOB

quirement of this chapter, occupy an (D) Except as provided in


approved child restraint system fur- § 135.128(a)(2)(ii)(C)(3) and
nished by the certificate holder or one § 135.128(a)(2)(ii)(C)(4), booster-type

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§ 135.129 14 CFR Ch. I (1–1–16 Edition)

child restraint systems (as defined in priate passenger seat location for the
Federal Motor Vehicle Safety Standard child restraint system.
No. 213 (49 CFR 571.213)), vest- and har- [Doc. No. 26142, 57 FR 42676, Sept. 15, 1992, as
ness-type child restraint systems, and amended by Amdt. 135–62, 61 FR 28422, June
lap held child restraints are not ap- 4, 1996; Amdt. 135–100, 70 FR 50907, Aug. 26,
proved for use in aircraft; and 2005; Amdt. 135–106, 71 FR 40010, July 14, 2006;
(iii) The certificate holder complies 71 FR 59374, Oct. 10, 2006; Amdt. 135–130, 79 FR
28812, May 20, 2014]
with the following requirements:
(A) The restraint system must be § 135.129 Exit seating.
properly secured to an approved for-
(a)(1) Applicability. This section ap-
ward-facing seat or berth;
plies to all certificate holders oper-
(B) The child must be properly se- ating under this part, except for on-de-
cured in the restraint system and must mand operations with aircraft having
not exceed the specified weight limit 19 or fewer passenger seats and com-
for the restraint system; and muter operations with aircraft having
(C) The restraint system must bear 9 or fewer passenger seats.
the appropriate label(s). (2) Duty to make determination of suit-
(b) Except as provided in paragraph ability. Each certificate holder shall de-
(b)(3) of this section, the following pro- termine, to the extent necessary to
hibitions apply to certificate holders: perform the applicable functions of
(1) Except as provided in § 135.128 paragraph (d) of this section, the suit-
(a)(2)(ii)(C)(3) and § 135.128 ability of each person it permits to oc-
(a)(2)(ii)(C)(4), no certificate holder cupy an exit seat. For the purpose of
may permit a child, in an aircraft, to this section—
occupy a booster-type child restraint (i) Exit seat means—
system, a vest-type child restraint sys- (A) Each seat having direct access to
tem, a harness-type child restraint sys- an exit; and
(B) Each seat in a row of seats
tem, or a lap held child restraint sys-
through which passengers would have
tem during take off, landing, and
to pass to gain access to an exit, from
movement on the surface. the first seat inboard of the exit to the
(2) Except as required in paragraph first aisle inboard of the exit.
(b)(1) of this section, no certificate (ii) A passenger seat having direct ac-
holder may prohibit a child, if re- cess means a seat from which a pas-
quested by the child’s parent, guardian, senger can proceed directly to the exit
or designated attendant, from occu- without entering an aisle or passing
pying a child restraint system fur- around an obstruction.
nished by the child’s parent, guardian, (3) Persons designated to make deter-
or designated attendant provided: mination. Each certificate holder shall
(i) The child holds a ticket for an ap- make the passenger exit seating deter-
proved seat or berth or such seat or minations required by this paragraph
berth is otherwise made available by in a non-discriminatory manner con-
the certificate holder for the child’s sistent with the requirements of this
use; section, by persons designated in the
(ii) The requirements of paragraph certificate holder’s required operations
(a)(2)(i) of this section are met; manual.
(iii) The requirements of paragraph (4) Submission of designation for ap-
proval. Each certificate holder shall
(a)(2)(iii) of this section are met; and
designate the exit seats for each pas-
(iv) The child restraint system has senger seating configuration in its fleet
one or more of the labels described in in accordance with the definitions in
paragraphs (a)(2)(ii)(A) through this paragraph and submit those des-
(a)(2)(ii)(C) of this section. ignations for approval as part of the
(3) This section does not prohibit the procedures required to be submitted for
certificate holder from providing child approval under paragraphs (n) and (p)
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restraint systems authorized by this of this section.


or, consistent with safe operating prac- (b) No certificate holder may seat a
tices, determining the most appro- person in a seat affected by this section

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Federal Aviation Administration, DOT § 135.129

if the certificate holder determines (6) The person lacks the ability ade-
that it is likely that the person would quately to impart information orally
be unable to perform one or more of to other passengers; or,
the applicable functions listed in para- (7) The person has:
graph (d) of this section because— (i) A condition or responsibilities,
(1) The person lacks sufficient mobil- such as caring for small children, that
ity, strength, or dexterity in both arms might prevent the person from per-
and hands, and both legs: forming one or more of the applicable
(i) To reach upward, sideways, and functions listed in paragraph (d) of this
downward to the location of emergency section; or
exit and exit-slide operating mecha- (ii) A condition that might cause the
nisms; person harm if he or she performs one
(ii) To grasp and push, pull, turn, or or more of the applicable functions
otherwise manipulate those mecha- listed in paragraph (d) of this section.
nisms; (c) Each passenger shall comply with
(iii) To push, shove, pull, or other- instructions given by a crewmember or
wise open emergency exits; other authorized employee of the cer-
(iv) To lift out, hold, deposit on near- tificate holder implementing exit seat-
by seats, or maneuver over the ing restrictions established in accord-
seatbacks to the next row objects the ance with this section.
size and weight of over-wing window (d) Each certificate holder shall in-
exit doors; clude on passenger information cards,
(v) To remove obstructions of size presented in the language in which
and weight similar over-wing exit briefings and oral commands are given
doors; by the crew, at each exit seat affected
by this section, information that, in
(vi) To reach the emergency exit ex-
the event of an emergency in which a
peditiously;
crewmember is not available to assist,
(vii) To maintain balance while re-
a passenger occupying an exit seat may
moving obstructions;
use if called upon to perform the fol-
(viii) To exit expeditiously; lowing functions:
(ix) To stabilize an escape slide after (1) Locate the emergency exit;
deployment; or (2) Recognize the emergency exit
(x) To assist others in getting off an opening mechanism;
escape slide; (3) Comprehend the instructions for
(2) The person is less than 15 years of operating the emergency exit;
age or lacks the capacity to perform (4) Operate the emergency exit;
one or more of the applicable functions (5) Assess whether opening the emer-
listed in paragraph (d) of this section gency exit will increase the hazards to
without the assistance of an adult com- which passengers may be exposed;
panion, parent, or other relative; (6) Follow oral directions and hand
(3) The person lacks the ability to signals given by a crewmember;
read and understand instructions re- (7) Stow or secure the emergency exit
quired by this section and related to door so that it will not impede use of
emergency evacuation provided by the the exit;
certificate holder in printed or graphic (8) Assess the condition of an escape
form or the ability to understand oral slide, activate the slide, and stabilize
crew commands. the slide after deployment to assist
(4) The person lacks sufficient visual others in getting off the slide;
capacity to perform one or more of the (9) Pass expeditiously through the
applicable functions in paragraph (d) of emergency exit; and
this section without the assistance of (10) Assess, select, and follow a safe
visual aids beyond contact lenses or path away from the emergency exit.
eyeglasses; (e) Each certificate holder shall in-
(5) The person lacks sufficient aural clude on passenger information cards,
capacity to hear and understand in- at each exit seat—
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structions shouted by flight attend- (1) In the primary language in which


ants, without assistance beyond a hear- emergency commands are given by the
ing aid; crew, the selection criteria set forth in

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§ 135.129 14 CFR Ch. I (1–1–16 Edition)

paragraph (b) of this section, and a re- performed, set forth in paragraph (d) of
quest that a passenger identify himself this section.
or herself to allow reseating if he or (i) Each certificate holder shall in-
she— clude in its passenger briefings a re-
(i) Cannot meet the selection criteria quest that a passenger identify himself
set forth in paragraph (b) of this sec- or herself to allow reseating if he or
tion; she—
(ii) Has a nondiscernible condition (1) Cannot meet the selection criteria
that will prevent him or her from per- set forth in paragraph (b) of this sec-
forming the applicable functions listed tion;
in paragraph (d) of this section; (2) Has a nondiscernible condition
(iii) May suffer bodily harm as the re- that will prevent him or her from per-
sult of performing one or more of those forming the applicable functions listed
functions; or in paragraph (d) of this section;
(iv) Does not wish to perform those (3) May suffer bodily harm as the re-
functions; and, sult of performing one or more of those
(2) In each language used by the cer- functions; or,
tificate holder for passenger informa-
(4) Does not wish to perform those
tion cards, a request that a passenger
functions.
identify himself or herself to allow re-
seating if he or she lacks the ability to A certificate holder shall not require
read, speak, or understand the lan- the passenger to disclose his or her rea-
guage or the graphic form in which in- son for needing reseating.
structions required by this section and (j) [Reserved]
related to emergency evacuation are (k) In the event a certificate holder
provided by the certificate holder, or determines in accordance with this sec-
the ability to understand the specified tion that it is likely that a passenger
language in which crew commands will assigned to an exit seat would be un-
be given in an emergency; able to perform the functions listed in
(3) May suffer bodily harm as the re- paragraph (d) of this section or a pas-
sult of performing one or more of those senger requests a non-exit seat, the
functions; or, certificate holder shall expeditiously
(4) Does not wish to perform those relocate the passenger to a non-exit
functions. seat.
A certificate holder shall not require (l) In the event of full booking in the
the passenger to disclose his or her rea- non-exit seats and if necessary to ac-
son for needing reseating. commodate a passenger being relocated
(f) Each certificate holder shall make from an exit seat, the certificate hold-
available for inspection by the public er shall move a passenger who is will-
at all passenger loading gates and tick- ing and able to assume the evacuation
et counters at each airport where it functions that may be required, to an
conducts passenger operations, written exit seat.
procedures established for making de- (m) A certificate holder may deny
terminations in regard to exit row transportation to any passenger under
seating. this section only because—
(g) No certificate holder may allow (1) The passenger refuses to comply
taxi or pushback unless at least one re- with instructions given by a crew-
quired crewmember has verified that member or other authorized employee
no exit seat is occupied by a person the of the certificate holder implementing
crewmember determines is likely to be exit seating restrictions established in
unable to perform the applicable func- accordance with this section, or
tions listed in paragraph (d) of this sec- (2) The only seat that will physically
tion. accommodate the person’s handicap is
(h) Each certificate holder shall in- an exit seat.
clude in its passenger briefings a ref- (n) In order to comply with this sec-
erence to the passenger information tion certificate holders shall—
lpowell on DSK54DXVN1OFR with $$_JOB

cards, required by paragraphs (d) and (1) Establish procedures that address:
(e), the selection criteria set forth in (i) The criteria listed in paragraph
paragraph (b), and the functions to be (b) of this section;

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Federal Aviation Administration, DOT § 135.144

(ii) The functions listed in paragraph (b) Except as provided in § 135.179, no


(d) of this section; person may operate an aircraft under
(iii) The requirements for airport in- this part unless the required instru-
formation, passenger information ments and equipment in it have been
cards, crewmember verification of ap- approved and are in an operable condi-
propriate seating in exit seats, pas- tion.
senger briefings, seat assignments, and (c) ATC transponder equipment in-
denial of transportation as set forth in stalled within the time periods indi-
this section; cated below must meet the perform-
(iv) How to resolve disputes arising ance and environmental requirements
from implementation of this section, of the following TSO’s:
including identification of the certifi- (1) Through January 1, 1992: (i) Any
cate holder employee on the airport to class of TSO-C74b or any class of TSO-
whom complaints should be addressed C74c as appropriate, provided that the
for resolution; and, equipment was manufactured before
(2) Submit their procedures for pre- January 1, 1990; or
liminary review and approval to the (ii) The appropriate class of TSO-C112
principal operations inspectors as- (Mode S).
signed to them at the certificate-hold- (2) After January 1, 1992: The appro-
ing district office. priate class of TSO-C112 (Mode S). For
(o) Certificate holders shall assign purposes of paragraph (c)(2) of this sec-
seats prior to boarding consistent with tion, ‘‘installation’’ does not include—
the criteria listed in paragraph (b) and (i) Temporary installation of TSO-
the functions listed in paragraph (d) of C74b or TSO-C74c substitute equip-
this section, to the maximum extent ment, as appropriate, during mainte-
feasible. nance of the permanent equipment;
(p) The procedures required by para- (ii) Reinstallation of equipment after
graph (n) of this section will not be- temporary removal for maintenance; or
come effective until final approval is (iii) For fleet operations, installation
granted by the Director, Flight Stand- of equipment in a fleet aircraft after
ards Service, Washington, DC. Ap- removal of the equipment for mainte-
proval will be based solely upon the nance from another aircraft in the
safety aspects of the certificate hold- same operator’s fleet.
er’s procedures. [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
amended by Amdt. 135–22, 52 FR 3392, Feb. 3,
[Doc. No. 25821, 55 FR 8073, Mar. 6, 1990, as
1987]
amended by Amdt. 135–45, 57 FR 48664, Oct.
27, 1992; Amdt. 135–50, 59 FR 33603, June 29, § 135.144 Portable electronic devices.
1994; Amdt. 135–60, 61 FR 2616, Jan. 26, 1996]
(a) Except as provided in paragraph
(b) of this section, no person may oper-
Subpart C—Aircraft and ate, nor may any operator or pilot in
Equipment command of an aircraft allow the oper-
§ 135.141 Applicability. ation of, any portable electronic device
on any of the following U.S.-registered
This subpart prescribes aircraft and civil aircraft operating under this part.
equipment requirements for operations (b) Paragraph (a) of this section does
under this part. The requirements of not apply to—
this subpart are in addition to the air- (1) Portable voice recorders;
craft and equipment requirements of (2) Hearing aids;
part 91 of this chapter. However, this (3) Heart pacemakers;
part does not require the duplication of (4) Electric shavers; or
any equipment required by this chap- (5) Any other portable electronic de-
ter. vice that the part 119 certificate holder
has determined will not cause inter-
§ 135.143 General requirements. ference with the navigation or commu-
(a) No person may operate an aircraft nication system of the aircraft on
lpowell on DSK54DXVN1OFR with $$_JOB

under this part unless that aircraft and which it is to be used.


its equipment meet the applicable reg- (c). The determination required by
ulations of this chapter. paragraph (b)(5) of this section shall be

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§ 135.145 14 CFR Ch. I (1–1–16 Edition)

made by that part 119 certificate holder the same make or similar design has
operating the aircraft on which the not been previously proved or validated
particular device is to be used. in operations under this part.
[Doc. No. FAA–1998–4954, 64 FR 1080, Jan. 7, (2) Operations outside U.S. airspace.
1999] (3) Class II navigation authoriza-
tions.
§ 135.145 Aircraft proving and valida- (4) Special performance or oper-
tion tests.
ational authorizations.
(a) No certificate holder may operate (e) Validation tests must be accom-
an aircraft, other than a turbojet air- plished by test methods acceptable to
craft, for which two pilots are required the Administrator. Actual flights may
by this chapter for operations under
not be required when an applicant can
VFR, if it has not previously proved
demonstrate competence and compli-
such an aircraft in operations under
ance with appropriate regulations
this part in at least 25 hours of proving
tests acceptable to the Administrator without conducting a flight.
including— (f) Proving tests and validation tests
(1) Five hours of night time, if night may be conducted simultaneously
flights are to be authorized; when appropriate.
(2) Five instrument approach proce- (g) The Administrator may authorize
dures under simulated or actual condi- deviations from this section if the Ad-
tions, if IFR flights are to be author- ministrator finds that special cir-
ized; and cumstances make full compliance with
(3) Entry into a representative num- this section unnecessary.
ber of en route airports as determined
by the Administrator. [Doc. No. FAA–2001–10047, 68 FR 54586, Sept.
17, 2003]
(b) No certificate holder may operate
a turbojet airplane if it has not pre- § 135.147 Dual controls required.
viously proved a turbojet airplane in
operations under this part in at least 25 No person may operate an aircraft in
hours of proving tests acceptable to the operations requiring two pilots unless
Administrator including— it is equipped with functioning dual
(1) Five hours of night time, if night controls. However, if the aircraft type
flights are to be authorized; certification operating limitations do
(2) Five instrument approach proce- not require two pilots, a throwover
dures under simulated or actual condi- control wheel may be used in place of
tions, if IFR flights are to be author- two control wheels.
ized; and
(3) Entry into a representative num- § 135.149 Equipment requirements:
ber of en route airports as determined General.
by the Administrator.
No person may operate an aircraft
(c) No certificate holder may carry
unless it is equipped with—
passengers in an aircraft during prov-
ing tests, except those needed to make (a) A sensitive altimeter that is ad-
the tests and those designated by the justable for barometric pressure;
Administrator to observe the tests. (b) Heating or deicing equipment for
However, pilot flight training may be each carburetor or, for a pressure car-
conducted during the proving tests. buretor, an alternate air source;
(d) Validation testing is required to (c) For turbojet airplanes, in addition
determine that a certificate holder is to two gyroscopic bank-and-pitch indi-
capable of conducting operations safely cators (artificial horizons) for use at
and in compliance with applicable reg- the pilot stations, a third indicator
ulatory standards. Validation tests are that is installed in accordance with the
required for the following authoriza- instrument requirements prescribed in
tions: § 121.305(j) of this chapter.
(1) The addition of an aircraft for (d) [Reserved]
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which two pilots are required for oper-


ations under VFR or a turbojet air-
plane, if that aircraft or an aircraft of

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Federal Aviation Administration, DOT § 135.151

(e) For turbine powered aircraft, any (3) Provides a means of two-way com-
other equipment as the Administrator munication between the pilot compart-
may require. ment and—
(i) Each passenger compartment; and
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
amended at Amdt. 135–1, 44 FR 26737, May 7, (ii) Each galley located on other than
1979; Amdt. 135–34, 54 FR 43926, Oct. 27, 1989; the main passenger deck level;
Amdt. 135–38, 55 FR 43310, Oct. 26, 1990] (4) Is accessible for immediate use
from each of two flight crewmember
§ 135.150 Public address and crew- stations in the pilot compartment;
member interphone systems. (5) Is accessible for use from at least
No person may operate an aircraft one normal flight attendant station in
having a passenger seating configura- each passenger compartment;
tion, excluding any pilot seat, of more (6) Is capable of operation within 10
than 19 unless it is equipped with— seconds by a flight attendant at each of
(a) A public address system which— those stations in each passenger com-
(1) Is capable of operation inde- partment from which its use is acces-
pendent of the crewmember interphone sible; and
system required by paragraph (b) of (7) For large turbojet-powered air-
this section, except for handsets, head- planes—
sets, microphones, selector switches, (i) Is accessible for use at enough
and signaling devices; flight attendant stations so that all
(2) Is approved in accordance with floor-level emergency exits (or
§ 21.305 of this chapter; entryways to those exits in the case of
(3) Is accessible for immediate use exits located within galleys) in each
from each of two flight crewmember passenger compartment are observable
stations in the pilot compartment; from one or more of those stations so
(4) For each required floor-level pas- equipped;
senger emergency exit which has an ad- (ii) Has an alerting system incor-
jacent flight attendant seat, has a porating aural or visual signals for use
microphone which is readily accessible by flight crewmembers to alert flight
to the seated flight attendant, except attendants and for use by flight attend-
that one microphone may serve more ants to alert flight crewmembers;
than one exit, provided the proximity (iii) For the alerting system required
of the exits allows unassisted verbal by paragraph (b)(7)(ii) of this section,
communication between seated flight has a means for the recipient of a call
attendants; to determine whether it is a normal
(5) Is capable of operation within 10 call or an emergency call; and
seconds by a flight attendant at each of (iv) When the airplane is on the
those stations in the passenger com- ground, provides a means of two-way
partment from which its use is acces- communication between ground per-
sible; sonnel and either of at least two flight
(6) Is audible at all passenger seats, crewmembers in the pilot compart-
lavatories, and flight attendant seats ment. The interphone system station
and work stations; and for use by ground personnel must be so
located that personnel using the sys-
(7) For transport category airplanes
tem may avoid visible detection from
manufactured on or after November 27,
within the airplane.
1990, meets the requirements of § 25.1423
of this chapter. [Doc. No. 24995, 54 FR 43926, Oct. 27, 1989]
(b) A crewmember interphone system
which— § 135.151 Cockpit voice recorders.
(1) Is capable of operation inde- (a) No person may operate a multien-
pendent of the public address system gine, turbine-powered airplane or
required by paragraph (a) of this sec- rotorcraft having a passenger seating
tion, except for handsets, headsets, configuration of six or more and for
microphones, selector switches, and which two pilots are required by cer-
lpowell on DSK54DXVN1OFR with $$_JOB

signaling devices; tification or operating rules unless it is


(2) Is approved in accordance with equipped with an approved cockpit
§ 21.305 of this chapter; voice recorder that:

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§ 135.151 14 CFR Ch. I (1–1–16 Edition)

(1) Is installed in compliance with audio signal received by a boom or


§ 23.1457(a)(1) and (2), (b), (c), (d)(1)(i), mask microphone in accordance with
(2) and (3), (e), (f), and (g); § 25.1457(a)(1) § 25.1457(c)(5) of this chapter.
and (2), (b), (c), (d)(1)(i), (2) and (3), (e), (e) In complying with this section, an
(f), and (g), § 27.1457(a)(1) and (2), (b), approved cockpit voice recorder having
(c), (d)(1)(i), (2) and (3), (e), (f), and (g); an erasure feature may be used, so that
or § 29.1457(a)(1) and (2), (b), (c), (d)(1)(i), during the operation of the recorder,
(2) and (3), (e), (f), and (g) of this chap- information:
ter, as applicable; and (1) Recorded in accordance with para-
(2) Is operated continuously from the graph (a) of this section and recorded
use of the check list before the flight more than 15 minutes earlier; or
to completion of the final check list at (2) Recorded in accordance with para-
the end of the flight. graph (b) of this section and recorded
(b) No person may operate a multien- more than 30 minutes earlier; may be
gine, turbine-powered airplane or erased or otherwise obliterated.
rotorcraft having a passenger seating (f) By April 7, 2012, all airplanes sub-
configuration of 20 or more seats unless ject to paragraph (a) or paragraph (b)
it is equipped with an approved cockpit of this section that are manufactured
voice recorder that— before April 7, 2010, and that are re-
(1) Is installed in accordance with the quired to have a flight data recorder
requirements of § 23.1457 (except para- installed in accordance with § 135.152,
graphs (a)(6), (d)(1)(ii), (4), and (5)); must have a cockpit voice recorder
§ 25.1457 (except paragraphs (a)(6), that also—
(d)(1)(ii), (4), and (5)); § 27.1457 (except (1) Meets the requirements in
paragraphs (a)(6), (d)(1)(ii), (4), and (5)); § 23.1457(d)(6) or § 25.1457(d)(6) of this
or § 29.1457 (except paragraphs (a)(6), chapter, as applicable; and
(d)(1)(ii), (4), and (5)) of this chapter, as (2) If transport category, meet the re-
applicable; and quirements in § 25.1457(a)(3), (a)(4), and
(2) Is operated continuously from the (a)(5) of this chapter.
use of the check list before the flight (g)(1) No person may operate a multi-
to completion of the final check list at engine, turbine-powered airplane or
the end of the flight. rotorcraft that is manufactured on or
(c) In the event of an accident, or oc- after April 7, 2010, that has a passenger
currence requiring immediate notifica- seating configuration of six or more
tion of the National Transportation seats, for which two pilots are required
Safety Board which results in termi- by certification or operating rules, and
nation of the flight, the certificate that is required to have a flight data
holder shall keep the recorded informa- recorder under § 135.152, unless it is
tion for at least 60 days or, if requested equipped with an approved cockpit
by the Administrator or the Board, for voice recorder that also—
a longer period. Information obtained (i) Is installed in accordance with the
from the record may be used to assist requirements of § 23.1457 (except for
in determining the cause of accidents paragraph (a)(6)); § 25.1457 (except for
or occurrences in connection with in- paragraph (a)(6)); § 27.1457 (except for
vestigations. The Administrator does paragraph (a)(6)); or § 29.1457 (except for
not use the record in any civil penalty paragraph (a)(6)) of this chapter, as ap-
or certificate action. plicable; and
(d) For those aircraft equipped to (ii) Is operated continuously from the
record the uninterrupted audio signals use of the check list before the flight,
received by a boom or a mask micro- to completion of the final check list at
phone the flight crewmembers are re- the end of the flight; and
quired to use the boom microphone (iii) Retains at least the last 2 hours
below 18,000 feet mean sea level. No of recorded information using a re-
person may operate a large turbine en- corder that meets the standards of
gine powered airplane manufactured TSO–C123a, or later revision.
after October 11, 1991, or on which a (iv) For all airplanes or rotorcraft
lpowell on DSK54DXVN1OFR with $$_JOB

cockpit voice recorder has been in- manufactured on or after December 6,


stalled after October 11, 1991, unless it 2010, also meets the requirements of
is equipped to record the uninterrupted § 23.1457(a)(6); § 25.1457(a)(6);

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Federal Aviation Administration, DOT § 135.152

§ 27.1457(a)(6); or § 29.457(a)(6) of this erator’s U.S. operations specifications


chapter, as applicable. after, October 11, 1991, unless it is
(2) No person may operate a multien- equipped with one or more approved
gine, turbine-powered airplane or flight recorders that use a digital
rotorcraft that is manufactured on or method of recording and storing data
after April 7, 2010, has a passenger seat- and a method of readily retrieving that
ing configuration of 20 or more seats, data from the storage medium. The pa-
and that is required to have a flight rameters specified in either Appendix B
data recorder under § 135.152, unless it or C of this part, as applicable must be
is equipped with an approved cockpit recorded within the range, accuracy,
voice recorder that also— resolution, and recording intervals as
(i) Is installed in accordance with the specified. The recorder shall retain no
requirements of § 23.1457 (except for less than 25 hours of aircraft operation.
paragraph (a)(6)); § 25.1457 (except for (b) After October 11, 1991, no person
paragraph (a)(6)); § 27.1457 (except for may operate a multiengine, turbine-
paragraph (a)(6)); or § 29.1457 (except for powered airplane having a passenger
paragraph (a)(6)) of this chapter, as ap- seating configuration of 20 to 30 seats
plicable; and or a multiengine, turbine-powered
(ii) Is operated continuously from the rotorcraft having a passenger seating
use of the check list before the flight, configuration of 20 or more seats unless
to completion of the final check list at it is equipped with one or more ap-
the end of the flight; and proved flight recorders that utilize a
(iii) Retains at least the last 2 hours digital method of recording and storing
of recorded information using a re- data, and a method of readily retriev-
corder that meets the standards of ing that data from the storage me-
TSO–C123a, or later revision. dium. The parameters in appendix D or
(iv) For all airplanes or rotorcraft E of this part, as applicable, that are
manufactured on or after December 6, set forth below, must be recorded with-
2010, also meets the requirements of in the ranges, accuracies, resolutions,
§ 23.1457(a)(6); § 25.1457(a)(6); and sampling intervals as specified.
§ 27.1457(a)(6); or § 29.457(a)(6) of this (1) Except as provided in paragraph
chapter, as applicable. (b)(3) of this section for aircraft type
(h) All airplanes or rotorcraft re- certificated before October 1, 1969, the
quired by this part to have a cockpit following parameters must be recorded:
voice recorder and a flight data re- (i) Time;
corder, that install datalink commu- (ii) Altitude;
nication equipment on or after Decem- (iii) Airspeed;
ber 6, 2010, must record all datalink (iv) Vertical acceleration;
messages as required by the certifi- (v) Heading;
cation rule applicable to the aircraft. (vi) Time of each radio transmission
to or from air traffic control;
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
amended by Amdt. 135–23, 52 FR 9637, Mar. 25,
(vii) Pitch attitude;
1987; Amdt. 135–26, 53 FR 26151, July 11, 1988; (viii) Roll attitude;
Amdt. 135–60, 61 FR 2616, Jan. 26, 1996; Amdt. (ix) Longitudinal acceleration;
135–113, 73 FR 12570, Mar. 7, 2008; Amdt. 135– (x) Control column or pitch control
113, 74 FR 32801, July 9, 2009; Amdt. 135–121, 75 surface position; and
FR 17046, Apr. 5, 2010] (xi) Thrust of each engine.
(2) Except as provided in paragraph
§ 135.152 Flight data recorders. (b)(3) of this section for aircraft type
(a) Except as provided in paragraph certificated after September 30, 1969,
(k) of this section, no person may oper- the following parameters must be re-
ate under this part a multi-engine, tur- corded:
bine-engine powered airplane or rotor- (i) Time;
craft having a passenger seating con- (ii) Altitude;
figuration, excluding any required (iii) Airspeed;
crewmember seat, of 10 to 19 seats, that (iv) Vertical acceleration;
lpowell on DSK54DXVN1OFR with $$_JOB

was either brought onto the U.S. reg- (v) Heading;


ister after, or was registered outside (vi) Time of each radio transmission
the United States and added to the op- either to or from air traffic control;

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§ 135.152 14 CFR Ch. I (1–1–16 Edition)

(vii) Pitch attitude; tation Safety Board under 49 CFR part


(viii) Roll attitude; 830 of its regulations and that results
(ix) Longitudinal acceleration; in termination of the flight, the certifi-
(x) Pitch trim position; cate holder shall remove the recording
(xi) Control column or pitch control media from the aircraft and keep the
surface position; recorded data required by paragraphs
(xii) Control wheel or lateral control (a) and (b) of this section for at least 60
surface position; days or for a longer period upon re-
(xiii) Rudder pedal or yaw control quest of the Board or the Adminis-
surface position; trator.
(xiv) Thrust of each engine; (f)(1) For airplanes manufactured on
(xv) Position of each thrust reverser; or before August 18, 2000, and all other
(xvi) Trailing edge flap or cockpit
aircraft, each flight recorder required
flap control position; and
by this section must be installed in ac-
(xvii) Leading edge flap or cockpit
cordance with the requirements of
flap control position.
§ 23.1459 (except paragraphs (a)(3)(ii)
(3) For aircraft manufactured after
October 11, 1991, all of the parameters and (6)), § 25.1459 (except paragraphs
listed in appendix D or E of this part, (a)(3)(ii) and (7)), § 27.1459 (except para-
as applicable, must be recorded. graphs (a)(3)(ii) and (6)), or § 29.1459 (ex-
(c) Whenever a flight recorder re- cept paragraphs (a)(3)(ii) and (6)), as
quired by this section is installed, it appropriate, of this chapter. The cor-
must be operated continuously from relation required by paragraph (c) of
the instant the airplane begins the §§ 23.1459, 25.1459, 27.1459, or 29.1459 of
takeoff roll or the rotorcraft begins the this chapter, as appropriate, need be
lift-off until the airplane has com- established only on one aircraft of a
pleted the landing roll or the rotorcraft group of aircraft:
has landed at its destination. (i) That are of the same type;
(d) Except as provided in paragraph (ii) On which the flight recorder mod-
(c) of this section, and except for re- els and their installations are the
corded data erased as authorized in same; and
this paragraph, each certificate holder (iii) On which there are no dif-
shall keep the recorded data prescribed ferences in the type designs with re-
in paragraph (a) of this section until spect to the installation of the first pi-
the aircraft has been operating for at lot’s instruments associated with the
least 25 hours of the operating time flight recorder. The most recent instru-
specified in paragraph (c) of this sec- ment calibration, including the record-
tion. In addition, each certificate hold- ing medium from which this calibra-
er shall keep the recorded data pre-
tion is derived, and the recorder cor-
scribed in paragraph (b) of this section
relation must be retained by the cer-
for an airplane until the airplane has
tificate holder.
been operating for at least 25 hours,
and for a rotorcraft until the rotorcraft (2) For airplanes manufactured after
has been operating for at least 10 August 18, 2000, each flight data re-
hours, of the operating time specified corder system required by this section
in paragraph (c) of this section. A total must be installed in accordance with
of 1 hour of recorded data may be the requirements of § 23.1459(a) (except
erased for the purpose of testing the paragraphs (a)(3)(ii) and (6)), (b), (d)
flight recorder or the flight recorder and (e), or § 25.1459(a) (except para-
system. Any erasure made in accord- graphs (a)(3)(ii) and (7)), (b), (d) and (e)
ance with this paragraph must be of of this chapter. A correlation must be
the oldest recorded data accumulated established between the values re-
at the time of testing. Except as pro- corded by the flight data recorder and
vided in paragraph (c) of this section, the corresponding values being meas-
no record need be kept more than 60 ured. The correlation must contain a
days. sufficient number of correlation points
lpowell on DSK54DXVN1OFR with $$_JOB

(e) In the event of an accident or oc- to accurately establish the conversion


currence that requires the immediate from the recorded values to engineer-
notification of the National Transpor- ing units or discrete state over the full

432

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Federal Aviation Administration, DOT § 135.152

operating range of the parameter. Ex- (18) Lateral acceleration;


cept for airplanes having separate alti- (19) Pitch trim surface position or pa-
tude and airspeed sensors that are an rameters of paragraph (h)(82) of this
integral part of the flight data recorder section if currently recorded;
system, a single correlation may be es- (20) Trailing edge flap or cockpit flap
tablished for any group of airplanes— control selection (except when param-
(i) That are of the same type; eters of paragraph (h)(85) of this sec-
(ii) On which the flight recorder sys- tion apply);
tem and its installation are the same; (21) Leading edge flap or cockpit flap
and control selection (except when param-
(iii) On which there is no difference eters of paragraph (h)(86) of this sec-
in the type design with respect to the tion apply);
installation of those sensors associated (22) Each Thrust reverser position (or
with the flight data recorder system. equivalent for propeller airplane);
Documentation sufficient to convert (23) Ground spoiler position or speed
recorded data into the engineering brake selection (except when param-
units and discrete values specified in eters of paragraph (h)(87) of this sec-
the applicable appendix must be main- tion apply);
tained by the certificate holder. (24) Outside or total air temperature;
(g) Each flight recorder required by (25) Automatic Flight Control Sys-
this section that records the data spec- tem (AFCS) modes and engagement
ified in paragraphs (a) and (b) of this status, including autothrottle;
section must have an approved device (26) Radio altitude (when an informa-
to assist in locating that recorder tion source is installed);
under water. (27) Localizer deviation, MLS Azi-
(h) The operational parameters re- muth;
quired to be recorded by digital flight (28) Glideslope deviation, MLS Ele-
data recorders required by paragraphs vation;
(i) and (j) of this section are as follows, (29) Marker beacon passage;
the phrase ‘‘when an information (30) Master warning;
source is installed’’ following a param- (31) Air/ground sensor (primary air-
eter indicates that recording of that plane system reference nose or main
parameter is not intended to require a gear);
change in installed equipment. (32) Angle of attack (when informa-
(1) Time; tion source is installed);
(2) Pressure altitude; (33) Hydraulic pressure low (each sys-
(3) Indicated airspeed; tem);
(4) Heading—primary flight crew ref- (34) Ground speed (when an informa-
erence (if selectable, record discrete, tion source is installed);
true or magnetic); (35) Ground proximity warning sys-
(5) Normal acceleration (Vertical); tem;
(6) Pitch attitude; (36) Landing gear position or landing
(7) Roll attitude; gear cockpit control selection;
(8) Manual radio transmitter keying, (37) Drift angle (when an information
or CVR/DFDR synchronization ref- source is installed);
erence; (38) Wind speed and direction (when
(9) Thrust/power of each engine—pri- an information source is installed);
mary flight crew reference; (39) Latitude and longitude (when an
(10) Autopilot engagement status; information source is installed);
(11) Longitudinal acceleration; (40) Stick shaker/pusher (when an in-
(12) Pitch control input; formation source is installed);
(13) Lateral control input; (41) Windshear (when an information
(14) Rudder pedal input; source is installed);
(15) Primary pitch control surface po- (42) Throttle/power lever position;
sition; (43) Additional engine parameters (as
(16) Primary lateral control surface designated in appendix F of this part);
lpowell on DSK54DXVN1OFR with $$_JOB

position; (44) Traffic alert and collision avoid-


(17) Primary yaw control surface po- ance system;
sition; (45) DME 1 and 2 distances;

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§ 135.152 14 CFR Ch. I (1–1–16 Edition)

(46) Nav 1 and 2 selected frequency; (73) Computed center of gravity


(47) Selected barometric setting (when an information source is in-
(when an information source is in- stalled);
stalled); (74) AC electrical bus status;
(48) Selected altitude (when an infor- (75) DC electrical bus status;
mation source is installed); (76) APU bleed valve position (when
(49) Selected speed (when an informa- an information source is installed);
tion source is installed); (77) Hydraulic pressure (each sys-
(50) Selected mach (when an informa- tem);
tion source is installed); (78) Loss of cabin pressure;
(51) Selected vertical speed (when an (79) Computer failure;
information source is installed); (80) Heads-up display (when an infor-
(52) Selected heading (when an infor- mation source is installed);
mation source is installed); (81) Para-visual display (when an in-
(53) Selected flight path (when an in- formation source is installed);
formation source is installed); (82) Cockpit trim control input posi-
(54) Selected decision height (when tion—pitch;
an information source is installed); (83) Cockpit trim control input posi-
(55) EFIS display format; tion—roll;
(56) Multi-function/engine/alerts dis- (84) Cockpit trim control input posi-
play format; tion—yaw;
(57) Thrust command (when an infor- (85) Trailing edge flap and cockpit
mation source is installed); flap control position;
(58) Thrust target (when an informa- (86) Leading edge flap and cockpit
tion source is installed); flap control position;
(59) Fuel quantity in CG trim tank (87) Ground spoiler position and speed
(when an information source is in- brake selection; and
stalled);
(88) All cockpit flight control input
(60) Primary Navigation System Ref- forces (control wheel, control column,
erence; rudder pedal).
(61) Icing (when an information (i) For all turbine-engine powered
source is installed); airplanes with a seating configuration,
(62) Engine warning each engine vi- excluding any required crewmember
bration (when an information source is seat, of 10 to 30 passenger seats, manu-
installed); factured after August 18, 2000—
(63) Engine warning each engine over (1) The parameters listed in para-
temp. (when an information source is graphs (h)(1) through (h)(57) of this sec-
installed); tion must be recorded within the
(64) Engine warning each engine oil ranges, accuracies, resolutions, and re-
pressure low (when an information cording intervals specified in Appendix
source is installed); F of this part.
(65) Engine warning each engine over (2) Commensurate with the capacity
speed (when an information source is of the recording system, all additional
installed; parameters for which information
(66) Yaw trim surface position; sources are installed and which are
(67) Roll trim surface position; connected to the recording system
(68) Brake pressure (selected system); must be recorded within the ranges, ac-
(69) Brake pedal application (left and curacies, resolutions, and sampling in-
right); tervals specified in Appendix F of this
(70) Yaw or sideslip angle (when an part.
information source is installed); (j) For all turbine-engine-powered
(71) Engine bleed valve position airplanes with a seating configuration,
(when an information source is in- excluding any required crewmember
stalled); seat, of 10 to 30 passenger seats, that
lpowell on DSK54DXVN1OFR with $$_JOB

(72) De-icing or anti-icing system se- are manufactured after August 19, 2002
lection (when an information source is the parameters listed in paragraph
installed); (a)(1) through (a)(88) of this section

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Federal Aviation Administration, DOT § 135.155

must be recorded within the ranges, ac- with an approved terrain awareness
curacies, resolutions, and recording in- and warning system that meets as a
tervals specified in Appendix F of this minimum the requirements for Class B
part. equipment in Technical Standard Order
(k) For aircraft manufactured before (TSO)–C151.
August 18, 1997, the following aircraft (b) Airplanes manufactured on or before
types need not comply with this sec- March 29, 2002:
tion: Bell 212, Bell 214ST, Bell 412, Bell (1) No person may operate a turbine-
412SP, Boeing Chinook (BV–234), Boe- powered airplane configured with 10 or
ing/Kawasaki Vertol 107 (BV/KV–107– more passenger seats, excluding any
II), deHavilland DHC–6, Eurocopter pilot seat, after March 29, 2005, unless
Puma 330J, Sikorsky 58, Sikorsky 61N, that airplane is equipped with an ap-
Sikorsky 76A. proved terrain awareness and warning
(l) By April 7, 2012, all aircraft manu- system that meets the requirements
factured before April 7, 2010, must also for Class A equipment in Technical
meet the requirements in § 23.1459(a)(7), Standard Order (TSO)–C151. The air-
§ 25.1459(a)(8), § 27.1459(e), or § 29.1459(e) plane must also include an approved
of this chapter, as applicable. terrain situational awareness display.
(m) All aircraft manufactured on or (2) No person may operate a turbine-
after April 7, 2010, must have a flight powered airplane configured with 6 to 9
data recorder installed that also— passenger seats, excluding any pilot
(1) Meets the requirements of seat, after March 29, 2005, unless that
§ 23.1459(a)(3), (a)(6), and (a)(7), airplane is equipped with an approved
§ 25.1459(a)(3), (a)(7), and (a)(8), terrain awareness and warning system
§ 27.1459(a)(3), (a)(6), and (e), or that meets as a minimum the require-
§ 29.1459(a)(3), (a)(6), and (e) of this ments for Class B equipment in Tech-
chapter, as applicable; and nical Standard Order (TSO)–C151.
(2) Retains the 25 hours of recorded
information required in paragraph (d) (Approved by the Office of Management and
of this section using a recorder that Budget under control number 2120–0631)
meets the standards of TSO–C124a, or (c) Airplane Flight Manual. The Air-
later revision. plane Flight Manual shall contain ap-
[Doc. No. 25530, 53 FR 26151, July 11, 1988, as propriate procedures for—
amended by Amdt. 135–69, 62 FR 38396, July (1) The use of the terrain awareness
17, 1997; 62 FR 48135, Sept. 12, 1997; Amdt. 135– and warning system; and
89, 68 FR 42939, July 18, 2003; Amdt. 135–113, 73 (2) Proper flight crew reaction in re-
FR 12570, Mar. 7, 2008; Amdt. 135–113, 74 FR sponse to the terrain awareness and
32801, July 9, 2009] warning system audio and visual warn-
ings.
§ 135.153 [Reserved]
[Doc. No. 29312, 65 FR 16755, Mar. 29, 2000]
§ 135.154 Terrain awareness and warn-
ing system. § 135.155 Fire extinguishers: Pas-
(a) Airplanes manufactured after March senger-carrying aircraft.
29, 2002: No person may operate an aircraft
(1) No person may operate a turbine- carrying passengers unless it is
powered airplane configured with 10 or equipped with hand fire extinguishers
more passenger seats, excluding any of an approved type for use in crew and
pilot seat, unless that airplane is passenger compartments as follows—
equipped with an approved terrain (a) The type and quantity of extin-
awareness and warning system that guishing agent must be suitable for the
meets the requirements for Class A kinds of fires likely to occur;
equipment in Technical Standard Order (b) At least one hand fire extin-
(TSO)–C151. The airplane must also in- guisher must be provided and conven-
clude an approved terrain situational iently located on the flight deck for
awareness display. use by the flight crew; and
(2) No person may operate a turbine- (c) At least one hand fire extin-
lpowell on DSK54DXVN1OFR with $$_JOB

powered airplane configured with 6 to 9 guisher must be conveniently located


passenger seats, excluding any pilot in the passenger compartment of each
seat, unless that airplane is equipped aircraft having a passenger seating

435

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§ 135.156 14 CFR Ch. I (1–1–16 Edition)

configuration, excluding any pilot seat, listed in paragraph (c) of this section.
of at least 10 seats but less than 31 The operator must create a record of
seats. this determination for each aircraft it
operates, and maintain it as part of the
§ 135.156 Flight data recorders: fil- correlation documentation required by
tered data. § 135.152 (f)(1)(iii) or (f)(2)(iii) of this
(a) A flight data signal is filtered part as applicable.
when an original sensor signal has been (2) For aircraft that are not filtering
changed in any way, other than any listed parameter, no further action
changes necessary to: is required unless the aircraft’s DFDR
(1) Accomplish analog to digital con- system is modified in a manner that
version of the signal; would cause it to meet the definition of
(2) Format a digital signal to be filtering on any listed parameter.
DFDR compatible; or (3) For aircraft found to be filtering a
(3) Eliminate a high frequency com- parameter listed in paragraph (c) of
ponent of a signal that is outside the this section the operator must either:
operational bandwidth of the sensor. (i) No later than April 21, 2014, re-
(b) An original sensor signal for any move the filtering; or
flight recorder parameter required to (ii) No later than April 22, 2013, sub-
be recorded under § 135.152 may be fil- mit the necessary procedure and test
tered only if the recorded signal value results required by paragraph (c)(2) of
continues to meet the requirements of this section.
Appendix D or F of this part, as appli- (4) After April 21, 2014, no aircraft
cable. flight data recording system may filter
(c) For a parameter described in any parameter listed in paragraph (c)
§ 135.152(h)(12) through (17), (42), or (88), of this section that does not meet the
or the corresponding parameter in Ap- requirements of Appendix D or F of
pendix D of this part, if the recorded this part, unless the certificate holder
signal value is filtered and does not possesses test and analysis procedures
meet the requirements of Appendix D and the test results that have been ap-
or F of this part, as applicable, the cer- proved by the FAA. All records of
tificate holder must: tests, analysis and procedures used to
(1) Remove the filtering and ensure comply with this section must be
that the recorded signal value meets maintained as part of the correlation
the requirements of Appendix D or F of documentation required by § 135.152
this part, as applicable; or (f)(1)(iii) or (f)(2)(iii) of this part as ap-
(2) Demonstrate by test and analysis plicable.
that the original sensor signal value [Doc. No. FAA–2006–26135, 75 FR 7357, Feb. 19,
can be reconstructed from the recorded 2010]
data. This demonstration requires
that: § 135.157 Oxygen equipment require-
(i) The FAA determine that the pro- ments.
cedure and test results submitted by (a) Unpressurized aircraft. No person
the certificate holder as its compliance may operate an unpressurized aircraft
with paragraph (c)(2) of this section are at altitudes prescribed in this section
repeatable; and unless it is equipped with enough oxy-
(ii) The certificate holder maintains gen dispensers and oxygen to supply
documentation of the procedure re- the pilots under § 135.89(a) and to sup-
quired to reconstruct the original sen- ply, when flying—
sor signal value. This documentation is (1) At altitudes above 10,000 feet
also subject to the requirements of through 15,000 feet MSL, oxygen to at
§ 135.152(e). least 10 percent of the occupants of the
(d) Compliance. Compliance is re- aircraft, other than the pilots, for that
quired as follows: part of the flight at those altitudes
(1) No later than October 20, 2011, that is of more than 30 minutes dura-
each operator must determine, for each tion; and
lpowell on DSK54DXVN1OFR with $$_JOB

aircraft on its operations specifica- (2) Above 15,000 feet MSL, oxygen to
tions, whether the aircraft’s DFDR sys- each occupant of the aircraft other
tem is filtering any of the parameters than the pilots.

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VerDate Sep<11>2014 16:12 Feb 04, 2016 Jkt 238048 PO 00000 Frm 00446 Fmt 8010 Sfmt 8002 Q:\14\14V3.TXT 31
Federal Aviation Administration, DOT § 135.159

(b) Pressurized aircraft. No person may (b) A certificate holder may obtain
operate a pressurized aircraft— an extension of the April 12, 1981, com-
(1) At altitudes above 25,000 feet pliance date specified in paragraph (a)
MSL, unless at least a 10-minute sup- of this section, but not beyond April 12,
ply of supplemental oxygen is available 1983, from the Director, Flight Stand-
for each occupant of the aircraft, other ards Service if the certificate holder—
than the pilots, for use when a descent (1) Shows that due to circumstances
is necessary due to loss of cabin pres- beyond its control it cannot comply by
surization; and the specified compliance date; and
(2) Unless it is equipped with enough (2) Submits by the specified compli-
oxygen dispensers and oxygen to com- ance date a schedule for compliance,
ply with paragraph (a) of this section acceptable to the Director, indicating
whenever the cabin pressure altitude that compliance will be achieved at the
exceeds 10,000 feet MSL and, if the earliest practicable date.
cabin pressurization fails, to comply
with § 135.89 (a) or to provide a 2-hour [Doc. No. 18094, Amdt. 135–17, 46 FR 48306,
Aug. 31, 1981, as amended by Amdt. 135–33, 54
supply for each pilot, whichever is
FR 39294, Sept. 25, 1989]
greater, and to supply when flying—
(i) At altitudes above 10,000 feet § 135.159 Equipment requirements:
through 15,000 feet MSL, oxygen to at Carrying passengers under VFR at
least 10 percent of the occupants of the night or under VFR over-the-top
aircraft, other than the pilots, for that conditions.
part of the flight at those altitudes No person may operate an aircraft
that is of more than 30 minutes dura- carrying passengers under VFR at
tion; and night or under VFR over-the-top, un-
(ii) Above 15,000 feet MSL, oxygen to less it is equipped with—
each occupant of the aircraft, other (a) A gyroscopic rate-of-turn indi-
than the pilots, for one hour unless, at cator except on the following aircraft:
all times during flight above that alti-
(1) Airplanes with a third attitude in-
tude, the aircraft can safely descend to
strument system usable through flight
15,000 feet MSL within four minutes, in
attitudes of 360 degrees of pitch-and-
which case only a 30-minute supply is
roll and installed in accordance with
required.
the instrument requirements pre-
(c) The equipment required by this
scribed in § 121.305(j) of this chapter.
section must have a means—
(1) To enable the pilots to readily de- (2) Helicopters with a third attitude
termine, in flight, the amount of oxy- instrument system usable through
gen available in each source of supply flight attitudes of ±80 degrees of pitch
and whether the oxygen is being deliv- and ±120 degrees of roll and installed in
ered to the dispensing units; or accordance with § 29.1303(g) of this
(2) In the case of individual dis- chapter.
pensing units, to enable each user to (3) Helicopters with a maximum cer-
make those determinations with re- tificated takeoff weight of 6,000 pounds
spect to that person’s oxygen supply or less.
and delivery; and (b) A slip skid indicator.
(3) To allow the pilots to use undi- (c) A gyroscopic bank-and-pitch indi-
luted oxygen at their discretion at alti- cator.
tudes above 25,000 feet MSL. (d) A gyroscopic direction indicator.
(e) A generator or generators able to
§ 135.158 Pitot heat indication systems. supply all probable combinations of
(a) Except as provided in paragraph continuous in-flight electrical loads for
(b) of this section, after April 12, 1981, required equipment and for recharging
no person may operate a transport cat- the battery.
egory airplane equipped with a flight (f) For night flights—
instrument pitot heating system unless (1) An anticollision light system;
the airplane is also equipped with an (2) Instrument lights to make all in-
lpowell on DSK54DXVN1OFR with $$_JOB

operable pitot heat indication system struments, switches, and gauges easily
that complies with § 25.1326 of this readable, the direct rays of which are
chapter in effect on April 12, 1978. shielded from the pilots’ eyes; and

437

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§ 135.160 14 CFR Ch. I (1–1–16 Edition)

(3) A flashlight having at least two § 135.161 Communication and naviga-


size ‘‘D’’ cells or equivalent. tion equipment for aircraft oper-
(g) For the purpose of paragraph (e) ations under VFR over routes navi-
of this section, a continuous in-flight gated by pilotage.
electrical load includes one that draws (a) No person may operate an aircraft
current continuously during flight, under VFR over routes that can be
such as radio equipment and elec- navigated by pilotage unless the air-
trically driven instruments and lights, craft is equipped with the two-way
but does not include occasional inter- radio communication equipment nec-
mittent loads. essary under normal operating condi-
(h) Notwithstanding provisions of tions to fulfill the following:
paragraphs (b), (c), and (d), helicopters (1) Communicate with at least one
having a maximum certificated takeoff appropriate station from any point on
the route, except in remote locations
weight of 6,000 pounds or less may be
and areas of mountainous terrain
operated until January 6, 1988, under
where geographical constraints make
visual flight rules at night without a
such communication impossible.
slip skid indicator, a gyroscopic bank-
(2) Communicate with appropriate air
and-pitch indicator, or a gyroscopic di- traffic control facilities from any point
rection indicator. within Class B, Class C, or Class D air-
[Doc. No. 24550, 51 FR 40709, Nov. 7, 1986, as space, or within a Class E surface area
amended by Amdt. 135–38, 55 FR 43310, Oct. designated for an airport in which
26, 1990] flights are intended; and
(3) Receive meteorological informa-
§ 135.160 Radio altimeters for rotor- tion from any point en route, except in
craft operations. remote locations and areas of moun-
(a) After April 24, 2017, no person may tainous terrain where geographical
operate a rotorcraft unless that rotor- constraints make such communication
craft is equipped with an operable impossible.
FAA-approved radio altimeter, or an (b) No person may operate an aircraft
FAA-approved device that incorporates at night under VFR over routes that
a radio altimeter, unless otherwise au- can be navigated by pilotage unless
thorized in the certificate holder’s ap- that aircraft is equipped with—
proved minimum equipment list. (1) Two-way radio communication
equipment necessary under normal op-
(b) Deviation authority. The Admin-
erating conditions to fulfill the func-
istrator may authorize deviations from
tions specified in paragraph (a) of this
paragraph (a) of this section for rotor- section; and
craft that are unable to incorporate a
(2) Navigation equipment suitable for
radio altimeter. This deviation will be the route to be flown.
issued as a Letter of Deviation Author-
ity. The deviation may be terminated [Doc. No. FAA–2002–14002, 72 FR 31684, June 7,
or amended at any time by the Admin- 2007, as amended by Amdt. 135–116, 74 FR
20205, May 1, 2009]
istrator. The request for deviation au-
thority is applicable to rotorcraft with § 135.163 Equipment requirements:
a maximum gross takeoff weight no Aircraft carrying passengers under
greater than 2,950 pounds. The request IFR.
for deviation authority must contain a No person may operate an aircraft
complete statement of the cir- under IFR, carrying passengers, unless
cumstances and justification, and must it has—
be submitted to the nearest Flight (a) A vertical speed indicator;
Standards District Office, not less than (b) A free-air temperature indicator;
60 days prior to the date of intended (c) A heated pitot tube for each air-
operations. speed indicator;
[Doc. No. FAA–2010–0982, 79 FR 9973, Feb. 21, (d) A power failure warning device or
lpowell on DSK54DXVN1OFR with $$_JOB

2014] vacuum indicator to show the power


available for gyroscopic instruments
from each power source;

438

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Federal Aviation Administration, DOT § 135.165

(e) An alternate source of static pres- instruments, and lights, but does not
sure for the altimeter and the airspeed include occasional intermittent loads.
and vertical speed indicators; [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
(f) For a single-engine aircraft: amended by Amdt. 135–70, 62 FR 42374, Aug. 6,
(1) Two independent electrical power 1997; Amdt. 135–72, 63 FR 25573, May 8, 1998]
generating sources each of which is
able to supply all probable combina- § 135.165 Communication and naviga-
tions of continuous inflight electrical tion equipment: Extended over-
water or IFR operations.
loads for required instruments and
equipment; or (a) Aircraft navigation equipment re-
(2) In addition to the primary elec- quirements—General. Except as provided
trical power generating source, a in paragraph (g) of this section, no per-
standby battery or an alternate source son may conduct operations under IFR
of electric power that is capable of sup- or extended over-water unless—
plying 150% of the electrical loads of (1) The en route navigation aids nec-
all required instruments and equip- essary for navigating the aircraft along
ment necessary for safe emergency op- the route (e.g., ATS routes, arrival and
eration of the aircraft for at least one departure routes, and instrument ap-
proach procedures, including missed
hour;
approach procedures if a missed ap-
(g) For multi-engine aircraft, at least proach routing is specified in the pro-
two generators or alternators each of cedure) are available and suitable for
which is on a separate engine, of which use by the navigation systems required
any combination of one-half of the by this section:
total number are rated sufficiently to (2) The aircraft used in extended
supply the electrical loads of all re- over-water operations is equipped with
quired instruments and equipment nec- at least two-approved independent
essary for safe emergency operation of navigation systems suitable for navi-
the aircraft except that for multi-en- gating the aircraft along the route to
gine helicopters, the two required gen- be flown within the degree of accuracy
erators may be mounted on the main required for ATC.
rotor drive train; and (3) The aircraft used for IFR oper-
(h) Two independent sources of en- ations is equipped with at least—
ergy (with means of selecting either) of (i) One marker beacon receiver pro-
which at least one is an engine-driven viding visual and aural signals; and
pump or generator, each of which is (ii) One ILS receiver.
able to drive all required gyroscopic in- (4) Any RNAV system used to meet
struments powered by, or to be pow- the navigation equipment require-
ered by, that particular source and in- ments of this section is authorized in
stalled so that failure of one instru- the certificate holder’s operations
ment or source, does not interfere with specifications.
the energy supply to the remaining in- (b) Use of a single independent naviga-
struments or the other energy source tion system for IFR operations. The air-
unless, for single-engine aircraft in all craft may be equipped with a single
cargo operations only, the rate of turn independent navigation system suit-
indicator has a source of energy sepa- able for navigating the aircraft along
rate from the bank and pitch and direc- the route to be flown within the degree
tion indicators. For the purpose of this of accuracy required for ATC if:
paragraph, for multi-engine aircraft, (1) It can be shown that the aircraft
each engine-driven source of energy is equipped with at least one other
must be on a different engine. independent navigation system suit-
able, in the event of loss of the naviga-
(i) For the purpose of paragraph (f) of
tion capability of the single inde-
this section, a continuous inflight elec-
pendent navigation system permitted
trical load includes one that draws cur- by this paragraph at any point along
lpowell on DSK54DXVN1OFR with $$_JOB

rent continuously during flight, such the route, for proceeding safely to a
as radio equipment, electrically driven suitable airport and completing an in-
strument approach; and

439

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§ 135.167 14 CFR Ch. I (1–1–16 Edition)

(2) The aircraft has sufficient fuel so tem for extended over-water operations
that the flight may proceed safely to a in certain geographic areas may be au-
suitable airport by use of the remain- thorized by the Administrator and ap-
ing navigation system, and complete proved in the certificate holder’s oper-
an instrument approach and land. ations specifications. The following are
(c) VOR navigation equipment. When- among the operational factors the Ad-
ever VOR navigation equipment is re- ministrator may consider in granting
quired by paragraph (a) or (b) of this an authorization:
section, no person may operate an air- (1) The ability of the flight crew to
craft unless it is equipped with at least navigate the airplane along the route
one approved DME or suitable RNAV within the degree of accuracy required
system. for ATC;
(d) Airplane communication equipment (2) The length of the route being
requirements. Except as permitted in flown; and
paragraph (e) of this section, no person (3) The duration of the very high fre-
may operate a turbojet airplane having quency communications gap.
a passenger seat configuration, exclud- [Doc. No. FAA–2002–14002, 72 FR 31684, June 7,
ing any pilot seat, of 10 seats or more, 2007]
or a multiengine airplane in a com-
muter operation, as defined in part 119 § 135.167 Emergency equipment: Ex-
of this chapter, under IFR or in ex- tended overwater operations.
tended over-water operations unless (a) Except where the Administrator,
the airplane is equipped with— by amending the operations specifica-
(1) At least two independent commu- tions of the certificate holder, requires
nication systems necessary under nor- the carriage of all or any specific items
mal operating conditions to fulfill the of the equipment listed below for any
functions specified in § 121.347(a) of this overwater operation, or, upon applica-
chapter; and tion of the certificate holder, the Ad-
(2) At least one of the communica- ministrator allows deviation for a par-
tion systems required by paragraph ticular extended overwater operation,
(d)(1) of this section must have two- no person may operate an aircraft in
way voice communication capability. extended overwater operations unless
(e) IFR or extended over-water commu- it carries, installed in conspicuously
nications equipment requirements. A per- marked locations easily accessible to
son may operate an aircraft other than the occupants if a ditching occurs, the
that specified in paragraph (d) of this following equipment:
section under IFR or in extended over- (1) An approved life preserver
water operations if it meets all of the equipped with an approved survivor lo-
requirements of this section, with the cator light for each occupant of the
exception that only one communica- aircraft. The life preserver must be eas-
tion system transmitter is required for ily accessible to each seated occupant.
operations other than extended over- (2) Enough approved liferafts of a
water operations. rated capacity and buoyancy to accom-
(f) Additional aircraft communication modate the occupants of the aircraft.
equipment requirements. In addition to (b) Each liferaft required by para-
the requirements in paragraphs (d) and graph (a) of this section must be
(e) of this section, no person may oper- equipped with or contain at least the
ate an aircraft under IFR or in ex- following:
tended over-water operations unless it (1) One approved survivor locator
is equipped with at least: light.
(1) Two microphones; and (2) One approved pyrotechnic sig-
(2) Two headsets or one headset and naling device.
one speaker. (3) Either—
(g) Extended over-water exceptions. (i) One survival kit, appropriately
Notwithstanding the requirements of equipped for the route to be flown; or
paragraphs (a), (d), and (e) of this sec- (ii) One canopy (for sail, sunshade, or
lpowell on DSK54DXVN1OFR with $$_JOB

tion, installation and use of a single rain catcher);


long-range navigation system and a (iii) One radar reflector;
single long-range communication sys- (iv) One liferaft repair kit;

440

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Federal Aviation Administration, DOT § 135.168

(v) One bailing bucket; Autorotational distance refers to the


(vi) One signaling mirror; distance a rotorcraft can travel in
(vii) One police whistle; autorotation as described by the manu-
(viii) One raft knife; facturer in the approved Rotorcraft
(ix) One CO2 bottle for emergency in- Flight Manual.
flation; Shoreline means that area of the land
(x) One inflation pump; adjacent to the water of an ocean, sea,
(xi) Two oars; lake, pond, river, or tidal basin that is
(xii) One 75-foot retaining line; above the high-water mark at which a
(xiii) One magnetic compass; rotorcraft could be landed safely. This
(xiv) One dye marker; does not include land areas which are
(xv) One flashlight having at least unsuitable for landing such as vertical
two size ‘‘D’’ cells or equivalent; cliffs or land intermittently under
(xvi) A 2-day supply of emergency water.
food rations supplying at least 1,000 (b) Required equipment. After April 24,
calories per day for each person; 2017, except as provided for in para-
(xvii) For each two persons the raft is graph (c), when authorized by the cer-
rated to carry, two pints of water or tificate holder’s operations specifica-
one sea water desalting kit; tions, or when necessary only for take-
(xviii) One fishing kit; and off or landing, no person may operate a
(xix) One book on survival appro- rotorcraft beyond autorotational dis-
priate for the area in which the air- tance from the shoreline unless it car-
craft is operated. ries:
(c) No person may operate an air- (1) An approved life preserver
plane in extended overwater operations equipped with an approved survivor lo-
unless there is attached to one of the cator light for each occupant of the
life rafts required by paragraph (a) of rotorcraft. The life preserver must be
this section, an approved survival type worn by each occupant while the rotor-
emergency locator transmitter. Bat- craft is beyond autorotational distance
teries used in this transmitter must be from the shoreline, except for a patient
replaced (or recharged, if the batteries transported during a helicopter air am-
are rechargeable) when the transmitter bulance operation, as defined in
has been in use for more than 1 cumu- § 135.601(b)(1), when wearing a life pre-
lative hour, or, when 50 percent of their server would be inadvisable for medical
useful life (or for rechargeable bat- reasons; and
teries, 50 percent of their useful life of (2) An approved and installed 406 MHz
charge) has expired, as established by emergency locator transmitter (ELT)
the transmitter manufacturer under its with 121.5 MHz homing capability. Bat-
approval. The new expiration date for teries used in ELTs must be main-
replacing (or recharging) the battery tained in accordance with the fol-
must be legibly marked on the outside lowing—
of the transmitter. The battery useful (i) Non-rechargeable batteries must
life (or useful life of charge) require- be replaced when the transmitter has
ments of this paragraph do not apply been in use for more than 1 cumulative
to batteries (such as water-activated hour or when 50% of their useful lives
batteries) that are essentially unaf- have expired, as established by the
fected during probable storage inter- transmitter manufacturer under its ap-
vals. proval. The new expiration date for re-
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
placing the batteries must be legibly
amended by Amdt. 135–4, 45 FR 38348, June marked on the outside of the trans-
30, 1980; Amdt. 135–20, 51 FR 40710, Nov. 7, mitter. The battery useful life require-
1986; Amdt. 135–49, 59 FR 32058, June 21, 1994; ments of this paragraph (b)(2) do not
Amdt. 135–91, 68 FR 54586, Sept. 17, 2003] apply to batteries (such as water-acti-
vated batteries) that are essentially
§ 135.168 Emergency equipment: unaffected during probable storage in-
Overwater rotorcraft operations. tervals; or
lpowell on DSK54DXVN1OFR with $$_JOB

(a) Definitions. For the purposes of (ii) Rechargeable batteries used in


this section, the following definitions the transmitter must be recharged
apply— when the transmitter has been in use

441

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§ 135.169 14 CFR Ch. I (1–1–16 Edition)

for more than 1 cumulative hour or Business Center, 3341 Q 75th Avenue,
when 50% of their useful-life-of-charge Landover, MD 20785; telephone (301)
has expired, as established by the 322–5377. Copies are also available on
transmitter manufacturer under its ap- the FAA’s Web site. Use the following
proval. The new expiration date for re- link and type the TSO number in the
charging the batteries must be legibly search box: http://www.airweb.faa.gov/
marked on the outside of the trans- RegulatorylandlGuidancelLibrary/
mitter. The battery useful-life-of- rgTSO.nsf/Frameset?OpenPage.
charge requirements of this paragraph (i) TSO–C126, 406 MHz Emergency Lo-
(b)(2) do not apply to batteries (such as cator Transmitter (ELT), Dec. 23, 1992,
water-activated batteries) that are es- (ii) TSO–C126a, 406 MHz Emergency
sentially unaffected during probable Locator Transmitter (ELT), Dec. 17,
storage intervals. 2008, and
(c) Maintenance. The equipment re- (iii) TSO–C126b, 406 MHz Emergency
quired by this section must be main- Locator Transmitter (ELT), Nov. 26,
tained in accordance with § 135.419. 2012.
(d) ELT standards. The ELT required (2) RTCA, Inc., 1150 18th Street NW.,
by paragraph (b)(2) of this section must Suite 910, Washington, DC 20036, tele-
meet the requirements in: phone (202) 833–9339, and are also avail-
(1) TSO–C126, TSO–C126a, or TSO– able on RTCA’s Web site at http://
C126b; and www.rtca.org/onlinecart/index.cfm.
(2) Section 2 of either RTCA DO–204 (i) RTCA DO–204, Minimum Oper-
or RTCA DO–204A, as specified by the ational Performance Standards
TSO complied with in paragraph (d)(1) (MOPS) 406 MHz Emergency Locator
of this section. Transmitters (ELTs), Sept. 29, 1989, and
(e) ELT alternative compliance. Opera- (ii) RTCA DO–204A, Minimum Oper-
tors with an ELT required by para- ational Performance Standards
graph (b)(2) of this section, or an ELT (MOPS) 406 MHz Emergency Locator
with an approved deviation under Transmitters (ELT), Dec. 6, 2007.
§ 21.618 of this chapter, are in compli- [Doc. No. FAA–2010–0982, 79 FR 9973, Feb. 21,
ance with this section. 2014]
(f) Incorporation by reference. The
standards required in this section are § 135.169 Additional airworthiness re-
incorporated by reference into this sec- quirements.
tion with the approval of the Director (a) Except for commuter category
of the Federal Register under 5 U.S.C. airplanes, no person may operate a
552(a) and 1 CFR part 51. To enforce large airplane unless it meets the addi-
any edition other than that specified in tional airworthiness requirements of
this section, the FAA must publish no- §§ 121.213 through 121.283 and 121.307 of
tice of change in the FEDERAL REG- this chapter.
ISTER and the material must be avail- (b) No person may operate a recipro-
able to the public. All approved mate- cating-engine or turbopropeller-pow-
rial is available for inspection at the ered small airplane that has a pas-
FAA’s Office of Rulemaking (ARM–1), senger seating configuration, excluding
800 Independence Avenue SW., Wash- pilot seats, of 10 seats or more unless it
ington, DC 20591 (telephone (202) 267– is type certificated—
9677) and from the sources indicated (1) In the transport category;
below. It is also available for inspec- (2) Before July 1, 1970, in the normal
tion at the National Archives and category and meets special conditions
Records Administration (NARA). For issued by the Administrator for air-
information on the availability of this planes intended for use in operations
material at NARA, call (202) 741–6030 or under this part;
go to http://www.archives.gov/ (3) Before July 19, 1970, in the normal
federallregister/ category and meets the additional air-
codeloflfederallregulations/ worthiness standards in Special Fed-
ibrllocations.html. eral Aviation Regulation No. 23;
lpowell on DSK54DXVN1OFR with $$_JOB

(1) U.S. Department of Transpor- (4) In the normal category and meets
tation, Subsequent Distribution Office, the additional airworthiness standards
DOT Warehouse M30, Ardmore East in appendix A;

442

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Federal Aviation Administration, DOT § 135.170

(5) In the normal category and com- accordance with SFAR No. 41 for a
plies with section 1.(a) of Special Fed- maximum certificated takeoff weight
eral Aviation Regulation No. 41; in excess of 12,500 pounds unless within
(6) In the normal category and com- one year after issuance of the initial
plies with section 1.(b) of Special Fed- airworthiness certificate under that
eral Aviation Regulation No. 41; or SFAR, the airplane meets the compart-
(7) In the commuter category. ment interior requirements set forth in
(c) No person may operate a small § 25.853(a) in effect March 6, 1995 (for-
airplane with a passenger seating con- merly § 25.853 (a), (b), (b–1), (b–2), and
figuration, excluding any pilot seat, of (b–3) of this chapter in effect on Sep-
10 seats or more, with a seating con- tember 26, 1978).
figuration greater than the maximum (b) Except for commuter category
seating configuration used in that type airplanes and airplanes certificated
airplane in operations under this part under Special Federal Aviation Regula-
before August 19, 1977. This paragraph tion No. 41, no person may operate a
does not apply to— large airplane unless it meets the fol-
(1) An airplane that is type certifi- lowing additional airworthiness re-
cated in the transport category; or quirements:
(2) An airplane that complies with— (1) Except for those materials cov-
(i) Appendix A of this part provided ered by paragraph (b)(2) of this section,
that its passenger seating configura- all materials in each compartment
tion, excluding pilot seats, does not ex- used by the crewmembers or passengers
ceed 19 seats; or must meet the requirements of § 25.853
(ii) Special Federal Aviation Regula- of this chapter in effect as follows or
tion No. 41. later amendment thereto:
(d) Cargo or baggage compartments: (i) Except as provided in paragraph
(1) After March 20, 1991, each Class C (b)(1)(iv) of this section, each airplane
or D compartment, as defined in § 25.857 with a passenger capacity of 20 or more
of part 25 of this chapter, greater than
and manufactured after August 19, 1988,
200 cubic feet in volume in a transport
but prior to August 20, 1990, must com-
category airplane type certificated
ply with the heat release rate testing
after January 1, 1958, must have ceiling
provisions of § 25.853(d) in effect March
and sidewall panels which are con-
6, 1995 (formerly § 25.853(a–1) in effect
structed of:
on August 20, 1986), except that the
(i) Glass fiber reinforced resin;
total heat release over the first 2 min-
(ii) Materials which meet the test re-
utes of sample exposure rate must not
quirements of part 25, appendix F, part
exceed 100 kilowatt minutes per square
III of this chapter; or
meter and the peak heat release rate
(iii) In the case of liner installations
must not exceed 100 kilowatts per
approved prior to March 20, 1989, alu-
minum. square meter.
(2) For compliance with this para- (ii) Each airplane with a passenger
graph, the term ‘‘liner’’ includes any capacity of 20 or more and manufac-
design feature, such as a joint or fas- tured after August 19, 1990, must com-
tener, which would affect the capa- ply with the heat release rate and
bility of the liner to safely contain a smoke testing provisions of § 25.853(d)
fire. in effect March 6, 1995 (formerly
§ 25.83(a–1) in effect on September 26,
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as 1988).
amended by Amdt. 135–2, 44 FR 53731, Sept.
17, 1979; Amdt. 135–21, 52 FR 1836, Jan. 15,
(iii) Except as provided in paragraph
1987; 52 FR 34745, Sept. 14, 1987; Amdt. 135–31, (b)(1) (v) or (vi) of this section, each
54 FR 7389, Feb. 17, 1989; Amdt. 135–55, 60 FR airplane for which the application for
6628, Feb. 2, 1995] type certificate was filed prior to May
1, 1972, must comply with the provi-
§ 135.170 Materials for compartment sions of § 25.853 in effect on April 30,
interiors. 1972, regardless of the passenger capac-
lpowell on DSK54DXVN1OFR with $$_JOB

(a) No person may operate an air- ity, if there is a substantially complete


plane that conforms to an amended or replacement of the cabin interior after
supplemental type certificate issued in April 30, 1972.

443

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§ 135.171 14 CFR Ch. I (1–1–16 Edition)

(iv) Except as provided in paragraph (formerly § 25.853(a–1) in effect on Au-


(b)(1) (v) or (vi) of this section, each gust 20, 1986), the steps being taken to
airplane for which the application for achieve compliance, and, for the few
type certificate was filed after May 1, components for which timely compli-
1972, must comply with the material ance will not be achieved, credible rea-
requirements under which the airplane sons for such noncompliance.
was type certificated regardless of the (viii) Contrary provisions of this sec-
passenger capacity if there is a sub- tion notwithstanding, galley carts and
stantially complete replacement of the standard galley containers that do not
cabin interior after that date. meet the flammability and smoke
(v) Except as provided in paragraph emission requirements of § 25.853(d) in
(b)(1)(vi) of this section, each airplane effect March 6, 1995 (formerly § 25.853(a–
that was type certificated after Janu- 1) in effect on August 20, 1986), may be
ary 1, 1958, must comply with the heat used in airplanes that must meet the
release testing provisions of § 25.853(d) requirements of paragraph (b)(1)(i),
in effect March 6, 1995 (formerly (b)(1)(ii), (b)(1)(iv) or (b)(1)(vi) of this
§ 25.853(a–1) in effect on August 20, 1986), section provided the galley carts or
if there is a substantially complete re- standard containers were manufac-
placement of the cabin interior compo- tured prior to March 6, 1995.
nents identified in that paragraph on (2) For airplanes type certificated
or after that date, except that the total after January 1, 1958, seat cushions, ex-
heat release over the first 2 minutes of cept those on flight crewmember seats,
sample exposure shall not exceed 100 in any compartment occupied by crew
kilowatt-minutes per square meter and or passengers must comply with the re-
the peak heat release rate shall not ex- quirements pertaining to fire protec-
ceed 100 kilowatts per square meter. tion of seat cushions in § 25.853(c) effec-
(vi) Each airplane that was type cer- tive November 26, 1984.
tificated after January 1, 1958, must (c) Thermal/acoustic insulation ma-
comply with the heat release rate and terials. For transport category air-
smoke testing provisions of § 25.853(d) planes type certificated after January
in effect March 6, 1995 (formerly 1, 1958:
§ 25.853(a–1) in effect on August 20, 1986),
(1) For airplanes manufactured before
if there is a substantially complete re-
September 2, 2005, when thermal/acous-
placement of the cabin interior compo-
tic insulation is installed in the fuse-
nents identified in that paragraph after
lage as replacements after September
August 19, 1990.
2, 2005, the insulation must meet the
(vii) Contrary provisions of this sec-
flame propagation requirements of
tion notwithstanding, the Manager of
§ 25.856 of this chapter, effective Sep-
the Transport Airplane Directorate,
tember 2, 2003, if it is:
Aircraft Certification Service, Federal
(i) Of a blanket construction, or
Aviation Administration, may author-
ize deviation from the requirements of (ii) Installed around air ducting.
paragraph (b)(1)(i), (b)(1)(ii), (b)(1)(v), (2) For airplanes manufactured after
or (b)(1)(vi) of this section for specific September 2, 2005, thermal/acoustic in-
components of the cabin interior that sulation materials installed in the fu-
do not meet applicable flammability selage must meet the flame propaga-
and smoke emission requirements, if tion requirements of § 25.856 of this
the determination is made that special chapter, effective September 2, 2003.
circumstances exist that make compli- [Doc. No. 26192, 60 FR 6628, Feb. 2, 1995; Amdt.
ance impractical. Such grants of devi- 135–55, 60 FR 11194, Mar. 1, 1995; Amdt. 135–56,
ation will be limited to those airplanes 60 FR 13011, Mar. 9, 1995; Amdt. 135–90, 68 FR
manufactured within 1 year after the 45084, July 31, 2003; Amdt. 135–103, 70 FR
applicable date specified in this section 77752, Dec. 30, 2005]
and those airplanes in which the inte-
rior is replaced within 1 year of that § 135.171 Shoulder harness installation
date. A request for such grant of devi- at flight crewmember stations.
lpowell on DSK54DXVN1OFR with $$_JOB

ation must include a thorough and ac- (a) No person may operate a turbojet
curate analysis of each component sub- aircraft or an aircraft having a pas-
ject to § 25.853(d) in effect March 6, 1995 senger seating configuration, excluding

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Federal Aviation Administration, DOT § 135.175

any pilot seat, of 10 seats or more un- specified for that event in the manual
less it is equipped with an approved required by § 135.21.
shoulder harness installed for each (e) This section does not apply to air-
flight crewmember station. craft used solely within the State of
(b) Each flight crewmember occu- Hawaii, within the State of Alaska,
pying a station equipped with a shoul- within that part of Canada west of lon-
der harness must fasten the shoulder gitude 130 degrees W, between latitude
harness during takeoff and landing, ex- 70 degrees N, and latitude 53 degrees N,
cept that the shoulder harness may be or during any training, test, or ferry
unfastened if the crewmember cannot flight.
perform the required duties with the (f) Without regard to any other provi-
shoulder harness fastened. sion of this part, an alternate elec-
§ 135.173 Airborne thunderstorm de- trical power supply is not required for
tection equipment requirements. airborne thunderstorm detection equip-
ment.
(a) No person may operate an aircraft
that has a passenger seating configura- [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
tion, excluding any pilot seat, of 10 amended by Amdt. 135–20, 51 FR 40710, Nov. 7,
seats or more in passenger-carrying op- 1986; Amdt. 135–60, 61 FR 2616, Jan. 26, 1996]
erations, except a helicopter operating
§ 135.175 Airborne weather radar
under day VFR conditions, unless the
equipment requirements.
aircraft is equipped with either ap-
proved thunderstorm detection equip- (a) No person may operate a large,
ment or approved airborne weather transport category aircraft in pas-
radar equipment. senger-carrying operations unless ap-
(b) No person may operate a heli- proved airborne weather radar equip-
copter that has a passenger seating ment is installed in the aircraft.
configuration, excluding any pilot seat, (b) No person may begin a flight
of 10 seats or more in passenger-car- under IFR or night VFR conditions
rying operations, under night VFR when current weather reports indicate
when current weather reports indicate that thunderstorms, or other poten-
that thunderstorms or other poten- tially hazardous weather conditions
tially hazardous weather conditions that can be detected with airborne
that can be detected with airborne weather radar equipment, may reason-
thunderstorm detection equipment ably be expected along the route to be
may reasonably be expected along the flown, unless the airborne weather
route to be flown, unless the helicopter radar equipment required by paragraph
is equipped with either approved thun- (a) of this section is in satisfactory op-
derstorm detection equipment or ap- erating condition.
proved airborne weather radar equip- (c) If the airborne weather radar
ment.
equipment becomes inoperative en
(c) No person may begin a flight route, the aircraft must be operated
under IFR or night VFR conditions
under the instructions and procedures
when current weather reports indicate
specified for that event in the manual
that thunderstorms or other poten-
required by § 135.21.
tially hazardous weather conditions
that can be detected with airborne (d) This section does not apply to air-
thunderstorm detection equipment, re- craft used solely within the State of
quired by paragraph (a) or (b) of this Hawaii, within the State of Alaska,
section, may reasonably be expected within that part of Canada west of lon-
along the route to be flown, unless the gitude 130 degrees W, between latitude
airborne thunderstorm detection equip- 70 degrees N, and latitude 53 degrees N,
ment is in satisfactory operating con- or during any training, test, or ferry
dition. flight.
(d) If the airborne thunderstorm de- (e) Without regard to any other pro-
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tection equipment becomes inoperative vision of this part, an alternate elec-


en route, the aircraft must be operated trical power supply is not required for
under the instructions and procedures airborne weather radar equipment.

445

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§ 135.177 14 CFR Ch. I (1–1–16 Edition)

§ 135.177 Emergency equipment re- diate readiness to perform its intended


quirements for aircraft having a emergency purposes.
passenger seating configuration of [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
more than 19 passengers. amended by Amdt. 135–25, 53 FR 12362, Apr.
(a) No person may operate an aircraft 13, 1988; Amdt. 135–43, 57 FR 19245, May 4,
having a passenger seating configura- 1992; Amdt. 135–44, 57 FR 42676, Sept. 15, 1992;
Amdt. 135–47, 59 FR 1781, Jan. 12, 1994; Amdt.
tion, excluding any pilot seat, of more 135–53, 59 FR 52643, Oct. 18, 1994; 59 FR 55208,
than 19 seats unless it is equipped with Nov. 4, 1994; Amdt. 121–281, 66 FR 19045, Apr.
the following emergency equipment: 12, 2001]
(1) At least one approved first-aid kit
for treatment of injuries likely to § 135.178 Additional emergency equip-
ment.
occur in flight or in a minor accident
that must: No person may operate an airplane
(i) Be readily accessible to crew- having a passenger seating configura-
members. tion of more than 19 seats, unless it has
the additional emergency equipment
(ii) Be stored securely and kept free
specified in paragraphs (a) through (l)
from dust, moisture, and damaging of this section.
temperatures. (a) Means for emergency evacuation.
(iii) Contain at least the following Each passenger-carrying landplane
appropriately maintained contents in emergency exit (other than over-the-
the specified quantities: wing) that is more than 6 feet from the
ground, with the airplane on the
Quan-
Contents tity ground and the landing gear extended,
must have an approved means to assist
Adhesive bandage compresses, 1-inch ...................... 16 the occupants in descending to the
Antiseptic swabs .......................................................... 20
ground. The assisting means for a
Ammonia inhalants ...................................................... 10
Bandage compresses, 4-inch ...................................... 8
floor-level emergency exit must meet
Triangular bandage compresses, 40-inch ................... 5 the requirements of § 25.809(f)(1) of this
Arm splint, noninflatable .............................................. 1 chapter in effect on April 30, 1972, ex-
Leg splint, noninflatable ............................................... 1 cept that, for any airplane for which
Roller bandage, 4-inch ................................................ 4 the application for the type certificate
Adhesive tape, 1-inch standard roll ............................. 2 was filed after that date, it must meet
Bandage scissors ........................................................ 1
the requirements under which the air-
Protective nonpermeable gloves or equivalent ........... 1 pair
plane was type certificated. An assist-
ing means that deploys automatically
(2) A crash axe carried so as to be ac- must be armed during taxiing, take-
cessible to the crew but inaccessible to offs, and landings; however, the Admin-
passengers during normal operations. istrator may grant a deviation from
(3) Signs that are visible to all occu- the requirement of automatic deploy-
pants to notify them when smoking is ment if he finds that the design of the
prohibited and when safety belts must exit makes compliance impractical, if
be fastened. The signs must be con- the assisting means automatically
structed so that they can be turned on erects upon deployment and, with re-
during any movement of the aircraft spect to required emergency exits, if an
on the surface, for each takeoff or land- emergency evacuation demonstration
ing, and at other times considered nec- is conducted in accordance with
essary by the pilot in command. ‘‘No § 121.291(a) of this chapter. This para-
smoking’’ signs shall be turned on graph does not apply to the rear win-
when required by § 135.127. dow emergency exit of Douglas DC–3
(4) [Reserved] airplanes operated with fewer than 36
occupants, including crewmembers,
(b) Each item of equipment must be
and fewer than five exits authorized for
inspected regularly under inspection passenger use.
periods established in the operations (b) Interior emergency exit marking.
specifications to ensure its condition The following must be complied with
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for continued serviceability and imme- for each passenger-carrying airplane:


(1) Each passenger emergency exit,
its means of access, and its means of

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Federal Aviation Administration, DOT § 135.178

opening must be conspicuously (brightness) decreases to below 250


marked. The identity and locating of microlamberts.
each passenger emergency exit must be (c) Lighting for interior emergency exit
recognizable from a distance equal to markings. Each passenger-carrying air-
the width of the cabin. The location of plane must have an emergency lighting
each passenger emergency exit must be system, independent of the main light-
indicated by a sign visible to occupants ing system; however, sources of general
approaching along the main passenger cabin illumination may be common to
aisle. There must be a locating sign— both the emergency and the main
(i) Above the aisle near each over- lighting systems if the power supply to
the-wing passenger emergency exit, or the emergency lighting system is inde-
at another ceiling location if it is more pendent of the power supply to the
practical because of low headroom; main lighting system. The emergency
(ii) Next to each floor level passenger lighting system must—
emergency exit, except that one sign (1) Illuminate each passenger exit
may serve two such exits if they both marking and locating sign;
can be seen readily from that sign; and (2) Provide enough general lighting
(iii) On each bulkhead or divider that in the passenger cabin so that the aver-
prevents fore and aft vision along the age illumination when measured at 40-
passenger cabin, to indicate emergency inch intervals at seat armrest height,
on the centerline of the main passenger
exits beyond and obscured by it, except
aisle, is at least 0.05 foot-candles; and
that if this is not possible, the sign
(3) For airplanes type certificated
may be placed at another appropriate
after January 1, 1958, include floor
location.
proximity emergency escape path
(2) Each passenger emergency exit marking which meets the requirements
marking and each locating sign must of § 25.812(e) of this chapter in effect on
meet the following: November 26, 1984.
(i) For an airplane for which the ap- (d) Emergency light operation. Except
plication for the type certificate was for lights forming part of emergency
filed prior to May 1, 1972, each pas- lighting subsystems provided in com-
senger emergency exit marking and pliance with § 25.812(h) of this chapter
each locating sign must be manufac- (as prescribed in paragraph (h) of this
tured to meet the requirements of section) that serve no more than one
§ 25.812(b) of this chapter in effect on assist means, are independent of the
April 30, 1972. On these airplanes, no airplane’s main emergency lighting
sign may continue to be used if its lu- systems, and are automatically acti-
minescence (brightness) decreases to vated when the assist means is de-
below 100 microlamberts. The colors ployed, each light required by para-
may be reversed if it increases the graphs (c) and (h) of this section must:
emergency illumination of the pas- (1) Be operable manually both from
senger compartment. However, the Ad- the flightcrew station and from a point
ministrator may authorize deviation in the passenger compartment that is
from the 2-inch background require- readily accessible to a normal flight
ments if he finds that special cir- attendant seat;
cumstances exist that make compli- (2) Have a means to prevent inad-
ance impractical and that the proposed vertent operation of the manual con-
deviation provides an equivalent level trols;
of safety. (3) When armed or turned on at ei-
(ii) For an airplane for which the ap- ther station, remain lighted or become
plication for the type certificate was lighted upon interruption of the air-
filed on or after May 1, 1972, each pas- plane’s normal electric power;
senger emergency exit marking and (4) Be armed or turned on during tax-
each locating sign must be manufac- iing, takeoff, and landing. In showing
tured to meet the interior emergency compliance with this paragraph, a
exit marking requirements under transverse vertical separation of the
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which the airplane was type certifi- fuselage need not be considered;
cated. On these airplanes, no sign may (5) Provide the required level of illu-
continue to be used if its luminescence mination for at least 10 minutes at the

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§ 135.178 14 CFR Ch. I (1–1–16 Edition)

critical ambient conditions after emer- airplane certificated under the provi-
gency landing; and sions of part 4b of the Civil Air Regula-
(6) Have a cockpit control device that tions in effect before December 20, 1951,
has an ‘‘on,’’ ‘‘off,’’ and ‘‘armed’’ posi- if he finds that special circumstances
tion. exist that provide an equivalent level
(e) Emergency exit operating handles. of safety.
(1) For a passenger-carrying airplane (3) There must be access from the
for which the application for the type main aisle to each Type III and Type
certificate was filed prior to May 1, IV exit. The access from the aisle to
1972, the location of each passenger these exits must not be obstructed by
emergency exit operating handle, and
seats, berths, or other protrusions in a
instructions for opening the exit, must
manner that would reduce the effec-
be shown by a marking on or near the
exit that is readable from a distance of tiveness of the exit. In addition, for a
30 inches. In addition, for each Type I transport category airplane type cer-
and Type II emergency exit with a tificated after January 1, 1958, there
locking mechanism released by rotary must be placards installed in accord-
motion of the handle, the instructions ance with § 25.813(c)(3) of this chapter
for opening must be shown by— for each Type III exit after December 3,
(i) A red arrow with a shaft at least 1992.
three-fourths inch wide and a head (4) If it is necessary to pass through
twice the width of the shaft, extending a passageway between passenger com-
along at least 70° of arc at a radius ap- partments to reach any required emer-
proximately equal to three-fourths of gency exit from any seat in the pas-
the handle length; and senger cabin, the passageway must not
(ii) The word ‘‘open’’ in red letters 1 be obstructed. Curtains may, however,
inch high placed horizontally near the be used if they allow free entry
head of the arrow. through the passageway.
(2) For a passenger-carrying airplane (5) No door may be installed in any
for which the application for the type partition between passenger compart-
certificate was filed on or after May 1, ments.
1972, the location of each passenger
(6) If it is necessary to pass through
emergency exit operating handle and
instructions for opening the exit must a doorway separating the passenger
be shown in accordance with the re- cabin from other areas to reach a re-
quirements under which the airplane quired emergency exit from any pas-
was type certificated. On these air- senger seat, the door must have a
planes, no operating handle or oper- means to latch it in the open position,
ating handle cover may continue to be and the door must be latched open dur-
used if its luminescence (brightness) ing each takeoff and landing. The
decreases to below 100 microlamberts. latching means must be able to with-
(f) Emergency exit access. Access to stand the loads imposed upon it when
emergency exits must be provided as the door is subjected to the ultimate
follows for each passenger-carrying air- inertia forces, relative to the sur-
plane: rounding structure, listed in § 25.561(b)
(1) Each passageway between indi- of this chapter.
vidual passenger areas, or leading to a (g) Exterior exit markings. Each pas-
Type I or Type II emergency exit, must senger emergency exit and the means
be unobstructed and at least 20 inches of opening that exit from the outside
wide. must be marked on the outside of the
(2) There must be enough space next airplane. There must be a 2-inch col-
to each Type I or Type II emergency ored band outlining each passenger
exit to allow a crewmember to assist in emergency exit on the side of the fuse-
the evacuation of passengers without
lage. Each outside marking, including
reducing the unobstructed width of the
the band, must be readily distinguish-
passageway below that required in
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paragraph (f)(1) of this section; how- able from the surrounding fuselage
ever, the Administrator may authorize area by contrast in color. The mark-
deviation from this requirement for an ings must comply with the following:

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Federal Aviation Administration, DOT § 135.179

(1) If the reflectance of the darker that is 44 or more inches high and 20 or
color is 15 percent or less, the reflec- more inches wide, but not wider than
tance of the lighter color must be at 46 inches, each passenger ventral exit
least 45 percent. (except the ventral exits on Martin 404
(2) If the reflectance of the darker and Convair 240 airplanes), and each
color is greater than 15 percent, at tail cone exit, must meet the require-
least a 30 percent difference between ments of this section for floor level
its reflectance and the reflectance of emergency exits. However, the Admin-
the lighter color must be provided. istrator may grant a deviation from
(3) Exits that are not in the side of this paragraph if he finds that cir-
the fuselage must have the external cumstances make full compliance im-
means of opening and applicable in- practical and that an acceptable level
structions marked conspicuously in red of safety has been achieved.
or, if red is inconspicuous against the (j) Additional emergency exits. Ap-
background color, in bright chrome proved emergency exits in the pas-
yellow and, when the opening means senger compartments that are in ex-
for such an exit is located on only one cess of the minimum number of re-
side of the fuselage, a conspicuous quired emergency exits must meet all
marking to that effect must be pro- of the applicable provisions of this sec-
vided on the other side. ‘‘Reflectance’’ tion, except paragraphs (f) (1), (2), and
is the ratio of the luminous flux re- (3) of this section, and must be readily
flected by a body to the luminous flux accessible.
it receives. (k) On each large passenger-carrying
(h) Exterior emergency lighting and es- turbojet-powered airplane, each ven-
cape route. (1) Each passenger-carrying tral exit and tailcone exit must be—
airplane must be equipped with exte- (1) Designed and constructed so that
rior lighting that meets the following it cannot be opened during flight; and
requirements: (2) Marked with a placard readable
(i) For an airplane for which the ap- from a distance of 30 inches and in-
plication for the type certificate was stalled at a conspicuous location near
filed prior to May 1, 1972, the require- the means of opening the exit, stating
ments of § 25.812 (f) and (g) of this chap- that the exit has been designed and
ter in effect on April 30, 1972. constructed so that it cannot be opened
(ii) For an airplane for which the ap- during flight.
plication for the type certificate was (l) Portable lights. No person may op-
filed on or after May 1, 1972, the exte- erate a passenger-carrying airplane un-
rior emergency lighting requirements less it is equipped with flashlight stow-
under which the airplane was type cer- age provisions accessible from each
tificated. flight attendant seat.
(2) Each passenger-carrying airplane [Doc. No. 26530, 57 FR 19245, May 4, 1992; 57
must be equipped with a slip-resistant FR 29120, June 30, 1992, as amended at 57 FR
escape route that meets the following 34682, Aug. 6, 1992]
requirements:
(i) For an airplane for which the ap- § 135.179 Inoperable instruments and
plication for the type certificate was equipment.
filed prior to May 1, 1972, the require- (a) No person may take off an air-
ments of § 25.803(e) of this chapter in ef- craft with inoperable instruments or
fect on April 30, 1972. equipment installed unless the fol-
(ii) For an airplane for which the ap- lowing conditions are met:
plication for the type certificate was (1) An approved Minimum Equipment
filed on or after May 1, 1972, the slip-re- List exists for that aircraft.
sistant escape route requirements (2) The certificate-holding district of-
under which the airplane was type cer- fice has issued the certificate holder
tificated. operations specifications authorizing
(i) Floor level exits. Each floor level operations in accordance with an ap-
door or exit in the side of the fuselage proved Minimum Equipment List. The
lpowell on DSK54DXVN1OFR with $$_JOB

(other than those leading into a cargo flight crew shall have direct access at
or baggage compartment that is not all times prior to flight to all of the in-
accessible from the passenger cabin) formation contained in the approved

449

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§ 135.180 14 CFR Ch. I (1–1–16 Edition)

Minimum Equipment List through § 135.180 Traffic Alert and Collision


printed or other means approved by the Avoidance System.
Administrator in the certificate hold- (a) Unless otherwise authorized by
ers operations specifications. An ap- the Administrator, after December 31,
proved Minimum Equipment List, as 1995, no person may operate a turbine
authorized by the operations specifica- powered airplane that has a passenger
tions, constitutes an approved change seat configuration, excluding any pilot
to the type design without requiring seat, of 10 to 30 seats unless it is
recertification. equipped with an approved traffic alert
(3) The approved Minimum Equip- and collision avoidance system. If a
ment List must: TCAS II system is installed, it must be
(i) Be prepared in accordance with capable of coordinating with TCAS
the limitations specified in paragraph units that meet TSO C–119.
(b) The airplane flight manual re-
(b) of this section.
quired by § 135.21 of this part shall con-
(ii) Provide for the operation of the tain the following information on the
aircraft with certain instruments and TCAS I system required by this sec-
equipment in an inoperable condition. tion:
(4) Records identifying the inoperable (1) Appropriate procedures for—
instruments and equipment and the in- (i) The use of the equipment; and
formation required by (a)(3)(ii) of this (ii) Proper flightcrew action with re-
section must be available to the pilot. spect to the equipment operation.
(5) The aircraft is operated under all (2) An outline of all input sources
applicable conditions and limitations that must be operating for the TCAS to
contained in the Minimum Equipment function properly.
List and the operations specifications [Doc. No. 25355, 54 FR 951, Jan. 10, 1989, as
authorizing use of the Minimum Equip- amended by Amdt. 135–54, 59 FR 67587, Dec.
ment List. 29, 1994]
(b) The following instruments and
§ 135.181 Performance requirements:
equipment may not be included in the Aircraft operated over-the-top or in
Minimum Equipment List: IFR conditions.
(1) Instruments and equipment that (a) Except as provided in paragraphs
are either specifically or otherwise re- (b) and (c) of this section, no person
quired by the airworthiness require- may—
ments under which the airplane is type (1) Operate a single-engine aircraft
certificated and which are essential for carrying passengers over-the-top; or
safe operations under all operating (2) Operate a multiengine aircraft
conditions. carrying passengers over-the-top or in
(2) Instruments and equipment re- IFR conditions at a weight that will
quired by an airworthiness directive to not allow it to climb, with the critical
be in operable condition unless the air- engine inoperative, at least 50 feet a
worthiness directive provides other- minute when operating at the MEAs of
wise. the route to be flown or 5,000 feet MSL,
(3) Instruments and equipment re- whichever is higher.
quired for specific operations by this (b) Notwithstanding the restrictions
part. in paragraph (a)(2) of this section, mul-
(c) Notwithstanding paragraphs (b)(1) tiengine helicopters carrying pas-
sengers offshore may conduct such op-
and (b)(3) of this section, an aircraft
erations in over-the-top or in IFR con-
with inoperable instruments or equip-
ditions at a weight that will allow the
ment may be operated under a special helicopter to climb at least 50 feet per
flight permit under §§ 21.197 and 21.199 minute with the critical engine inoper-
of this chapter. ative when operating at the MEA of
[Doc. No. 25780, 56 FR 12311, Mar. 22, 1991; 56 the route to be flown or 1,500 feet MSL,
FR 14920, Apr. 8, 1991, as amended by Amdt. whichever is higher.
lpowell on DSK54DXVN1OFR with $$_JOB

135–60, 61 FR 2616, Jan. 26, 1996; Amdt. 135–91, (c) Without regard to paragraph (a) of
68 FR 54586, Sept. 17, 2003] this section, if the latest weather re-
ports or forecasts, or any combination

450

VerDate Sep<11>2014 16:12 Feb 04, 2016 Jkt 238048 PO 00000 Frm 00460 Fmt 8010 Sfmt 8002 Q:\14\14V3.TXT 31
Federal Aviation Administration, DOT § 135.207

of them, indicate that the weather Subpart D—VFR/IFR Operating


along the planned route (including Limitations and Weather Re-
takeoff and landing) allows flight quirements
under VFR under the ceiling (if a ceil-
ing exists) and that the weather is fore- § 135.201 Applicability.
cast to remain so until at least 1 hour
This subpart prescribes the operating
after the estimated time of arrival at
limitations for VFR/IFR flight oper-
the destination, a person may operate
ations and associated weather require-
an aircraft over-the-top.
ments for operations under this part.
(d) Without regard to paragraph (a)
of this section, a person may operate § 135.203 VFR: Minimum altitudes.
an aircraft over-the-top under condi-
tions allowing— Except when necessary for takeoff
and landing, no person may operate
(1) For multiengine aircraft, descent
under VFR—
or continuance of the flight under VFR
(a) An airplane—
if its critical engine fails; or
(1) During the day, below 500 feet
(2) For single-engine aircraft, descent
above the surface or less than 500 feet
under VFR if its engine fails.
horizontally from any obstacle; or
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as (2) At night, at an altitude less than
amended by Amdt. 135–20, 51 FR 40710, Nov. 7, 1,000 feet above the highest obstacle
1986; Amdt. 135–70, 62 FR 42374, Aug. 6, 1997] within a horizontal distance of 5 miles
from the course intended to be flown
§ 135.183 Performance requirements: or, in designated mountainous terrain,
Land aircraft operated over water.
less than 2,000 feet above the highest
No person may operate a land air- obstacle within a horizontal distance of
craft carrying passengers over water 5 miles from the course intended to be
unless— flown; or
(a) It is operated at an altitude that (b) A helicopter over a congested area
allows it to reach land in the case of at an altitude less than 300 feet above
engine failure; the surface.
(b) It is necessary for takeoff or land-
ing; § 135.205 VFR: Visibility requirements.
(c) It is a multiengine aircraft oper- (a) No person may operate an air-
ated at a weight that will allow it to plane under VFR in uncontrolled air-
climb, with the critical engine inoper- space when the ceiling is less than 1,000
ative, at least 50 feet a minute, at an feet unless flight visibility is at least 2
altitude of 1,000 feet above the surface; miles.
or (b) No person may operate a heli-
(d) It is a helicopter equipped with copter under VFR in Class G airspace
helicopter flotation devices. at an altitude of 1,200 feet or less above
the surface or within the lateral bound-
§ 135.185 Empty weight and center of aries of the surface areas of Class B,
gravity: Currency requirement. Class C, Class D, or Class E airspace
(a) No person may operate a multien- designated for an airport unless the
gine aircraft unless the current empty visibility is at least—
weight and center of gravity are cal- (1) During the day—1⁄2 mile; or
culated from values established by ac- (2) At night—1 mile.
tual weighing of the aircraft within the [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
preceding 36 calendar months. amended by Amdt. 135–41, 56 FR 65663, Dec.
(b) Paragraph (a) of this section does 17, 1991]
not apply to—
(1) Aircraft issued an original air- § 135.207 VFR: Helicopter surface ref-
worthiness certificate within the pre- erence requirements.
ceding 36 calendar months; and No person may operate a helicopter
(2) Aircraft operated under a weight under VFR unless that person has vis-
lpowell on DSK54DXVN1OFR with $$_JOB

and balance system approved in the op- ual surface reference or, at night, vis-
erations specifications of the certifi- ual surface light reference, sufficient
cate holder. to safely control the helicopter.

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§ 135.209 14 CFR Ch. I (1–1–16 Edition)

§ 135.209 VFR: Fuel supply. person shall use that of the U.S. Na-
(a) No person may begin a flight op- tional Weather Service, a source ap-
eration in an airplane under VFR un- proved by the U.S. National Weather
less, considering wind and forecast Service, or a source approved by the
weather conditions, it has enough fuel Administrator. However, for operations
to fly to the first point of intended under VFR, the pilot in command may,
landing and, assuming normal cruising if such a report is not available, use
fuel consumption— weather information based on that pi-
(1) During the day, to fly after that lot’s own observations or on those of
for at least 30 minutes; or other persons competent to supply ap-
(2) At night, to fly after that for at propriate observations.
least 45 minutes. (b) For the purposes of paragraph (a)
(b) No person may begin a flight op- of this section, weather observations
eration in a helicopter under VFR un- made and furnished to pilots to con-
less, considering wind and forecast duct IFR operations at an airport must
weather conditions, it has enough fuel be taken at the airport where those
to fly to the first point of intended IFR operations are conducted, unless
landing and, assuming normal cruising the Administrator issues operations
fuel consumption, to fly after that for specifications allowing the use of
at least 20 minutes. weather observations taken at a loca-
tion not at the airport where the IFR
§ 135.211 VFR: Over-the-top carrying operations are conducted. The Admin-
passengers: Operating limitations. istrator issues such operations speci-
Subject to any additional limitations fications when, after investigation by
in § 135.181, no person may operate an the U.S. National Weather Service and
aircraft under VFR over-the-top car- the certificate-holding district office,
rying passengers, unless— it is found that the standards of safety
(a) Weather reports or forecasts, or for that operation would allow the de-
any combination of them, indicate that viation from this paragraph for a par-
the weather at the intended point of ticular operation for which an air car-
termination of over-the-top flight— rier operating certificate or operating
(1) Allows descent to beneath the certificate has been issued.
ceiling under VFR and is forecast to re- [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
main so until at least 1 hour after the amended by Amdt. 135–60, 61 FR 2616, Jan. 26,
estimated time of arrival at that point; 1996]
or
(2) Allows an IFR approach and land- § 135.215 IFR: Operating limitations.
ing with flight clear of the clouds until (a) Except as provided in paragraphs
reaching the prescribed initial ap- (b), (c) and (d) of this section, no person
proach altitude over the final approach may operate an aircraft under IFR out-
facility, unless the approach is made side of controlled airspace or at any
with the use of radar under § 91.175(i) of airport that does not have an approved
this chapter; or standard instrument approach proce-
(b) It is operated under conditions al- dure.
lowing— (b) The Administrator may issue op-
(1) For multiengine aircraft, descent erations specifications to the certifi-
or continuation of the flight under cate holder to allow it to operate under
VFR if its critical engine fails; or IFR over routes outside controlled air-
(2) For single-engine aircraft, descent space if—
under VFR if its engine fails. (1) The certificate holder shows the
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as Administrator that the flight crew is
amended by Amdt. 135–32, 54 FR 34332, Aug. able to navigate, without visual ref-
18, 1989; 73 FR 20164, Apr. 15, 2008] erence to the ground, over an intended
track without deviating more than 5
§ 135.213 Weather reports and fore- degrees or 5 miles, whichever is less,
casts. from that track; and
lpowell on DSK54DXVN1OFR with $$_JOB

(a) Whenever a person operating an (2) The Administrator determines


aircraft under this part is required to that the proposed operations can be
use a weather report or forecast, that conducted safely.

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Federal Aviation Administration, DOT § 135.223

(c) A person may operate an aircraft be at or above authorized alternate air-


under IFR outside of controlled air- port landing minimums for that air-
space if the certificate holder has been port at the estimated time of arrival.
approved for the operations and that (b) Rotorcraft. Unless otherwise au-
operation is necessary to— thorized by the Administrator, no per-
(1) Conduct an instrument approach son may include an alternate airport in
to an airport for which there is in use an IFR flight plan unless appropriate
a current approved standard or special weather reports or weather forecasts,
instrument approach procedure; or or a combination of them, indicate
(2) Climb into controlled airspace that, at the estimated time of arrival
during an approved missed approach at the alternate airport, the ceiling
procedure; or and visibility at that airport will be at
(3) Make an IFR departure from an or above the following weather mini-
airport having an approved instrument mums—
approach procedure. (1) If, for the alternate airport, an in-
(d) The Administrator may issue op- strument approach procedure has been
erations specifications to the certifi- published in part 97 of this chapter or
cate holder to allow it to depart at an a special instrument approach proce-
airport that does not have an approved dure has been issued by the FAA to the
standard instrument approach proce- certificate holder, the ceiling is 200 feet
dure when the Administrator deter- above the minimum for the approach
mines that it is necessary to make an to be flown, and visibility is at least 1
IFR departure from that airport and statute mile but never less than the
that the proposed operations can be minimum visibility for the approach to
conducted safely. The approval to oper- be flown.
ate at that airport does not include an (2) If, for the alternate airport, no in-
approval to make an IFR approach to strument approach procedure has been
that airport. published in part 97 of this chapter and
no special instrument approach proce-
§ 135.217 IFR: Takeoff limitations. dure has been issued by the FAA to the
No person may takeoff an aircraft certificate holder, the ceiling and visi-
under IFR from an airport where bility minimums are those allowing de-
weather conditions are at or above scent from the minimum enroute alti-
takeoff minimums but are below au- tude (MEA), approach, and landing
thorized IFR landing minimums unless under basic VFR.
there is an alternate airport within 1 [Doc. No. FAA–2010–0982, 79 FR 9974, Feb. 21,
hour’s flying time (at normal cruising 2014]
speed, in still air) of the airport of de-
parture. § 135.223 IFR: Alternate airport re-
quirements.
§ 135.219 IFR: Destination airport (a) Except as provided in paragraph
weather minimums. (b) of this section, no person may oper-
No person may take off an aircraft ate an aircraft in IFR conditions unless
under IFR or begin an IFR or over-the- it carries enough fuel (considering
top operation unless the latest weather weather reports or forecasts or any
reports or forecasts, or any combina- combination of them) to—
tion of them, indicate that weather (1) Complete the flight to the first
conditions at the estimated time of ar- airport of intended landing;
rival at the next airport of intended (2) Fly from that airport to the alter-
landing will be at or above authorized nate airport; and
IFR landing minimums. (3) Fly after that for 45 minutes at
normal cruising speed or, for heli-
§ 135.221 IFR: Alternate airport weath- copters, fly after that for 30 minutes at
er minimums. normal cruising speed.
(a) Aircraft other than rotorcraft. No (b) Paragraph (a)(2) of this section
person may designate an alternate air- does not apply if part 97 of this chapter
lpowell on DSK54DXVN1OFR with $$_JOB

port unless the weather reports or fore- prescribes a standard instrument ap-
casts, or any combination of them, in- proach procedure for the first airport
dicate that the weather conditions will of intended landing and, for at least

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§ 135.225 14 CFR Ch. I (1–1–16 Edition)

one hour before and after the estimated for the destination airport. If no local
time of arrival, the appropriate weath- altimeter setting for the destination
er reports or forecasts, or any combina- airport is available, the pilot may use
tion of them, indicate that— the current altimeter setting provided
(1) The ceiling will be at least 1,500 by the facility designated on the ap-
feet above the lowest circling approach proach chart for the destination air-
MDA; or port.
(2) If a circling instrument approach (c) If a pilot has begun the final ap-
is not authorized for the airport, the proach segment of an instrument ap-
ceiling will be at least 1,500 feet above proach to an airport under paragraph
the lowest published minimum or 2,000 (b) of this section, and the pilot re-
feet above the airport elevation, which- ceives a later weather report indicating
ever is higher; and that conditions have worsened to below
(3) Visibility for that airport is fore- the minimum requirements, then the
cast to be at least three miles, or two pilot may continue the approach only
miles more than the lowest applicable if the requirements of § 91.175(l) of this
visibility minimums, whichever is the chapter, or both of the following condi-
greater, for the instrument approach tions, are met—
procedure to be used at the destination (1) The later weather report is re-
airport. ceived when the aircraft is in one of
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as the following approach phases:
amended by Amdt. 135–20, 51 FR 40710, Nov. 7, (i) The aircraft is on an ILS final ap-
1986] proach and has passed the final ap-
proach fix;
§ 135.225 IFR: Takeoff, approach and
landing minimums. (ii) The aircraft is on an ASR or PAR
final approach and has been turned
(a) Except to the extent permitted by over to the final approach controller;
paragraph (b) of this section, no pilot or
may begin an instrument approach pro- (iii) The aircraft is on a nonprecision
cedure to an airport unless— final approach and the aircraft—
(1) That airport has a weather report-
(A) Has passed the appropriate facil-
ing facility operated by the U.S. Na-
ity or final approach fix; or
tional Weather Service, a source ap-
(B) Where a final approach fix is not
proved by U.S. National Weather Serv-
specified, has completed the procedure
ice, or a source approved by the Admin-
turn and is established inbound toward
istrator; and
(2) The latest weather report issued the airport on the final approach
by that weather reporting facility indi- course within the distance prescribed
cates that weather conditions are at or in the procedure; and
above the authorized IFR landing mini- (2) The pilot in command finds, on
mums for that airport. reaching the authorized MDA or DA/
(b) A pilot conducting an eligible on- DH, that the actual weather conditions
demand operation may begin an instru- are at or above the minimums pre-
ment approach procedure to an airport scribed for the procedure being used.
that does not have a weather reporting (d) If a pilot has begun the final ap-
facility operated by the U.S. National proach segment of an instrument ap-
Weather Service, a source approved by proach to an airport under paragraph
the U.S. National Weather Service, or a (c) of this section and a later weather
source approved by the Administrator report indicating below minimum con-
if— ditions is received after the aircraft
(1) The alternate airport has a weath- is—
er reporting facility operated by the (1) On an ILS final approach and has
U.S. National Weather Service, a passed the final approach fix; or
source approved by the U.S. National (2) On an ASR or PAR final approach
Weather Service, or a source approved and has been turned over to the final
by the Administrator; and approach controller; or
lpowell on DSK54DXVN1OFR with $$_JOB

(2) The latest weather report issued (3) On a final approach using a VOR,
by the weather reporting facility in- NDB, or comparable approach proce-
cludes a current local altimeter setting dure; and the aircraft—

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Federal Aviation Administration, DOT § 135.227

(i) Has passed the appropriate facility in the certificate holder’s operations
or final approach fix; or specifications.
(ii) Where a final approach fix is not (i) At airports where straight-in in-
specified, has completed the procedure strument approach procedures are au-
turn and is established inbound toward thorized, a pilot may takeoff an air-
the airport on the final approach craft under IFR when the weather con-
course within the distance prescribed ditions reported by the facility de-
in the procedure; the approach may be scribed in paragraph (a)(1) of this sec-
continued and a landing made if the tion are equal to or better than the
pilot finds, upon reaching the author- lowest straight-in landing minimums,
ized MDA or DH, that actual weather unless otherwise restricted, if—
conditions are at least equal to the (1) The wind direction and velocity at
minimums prescribed for the proce- the time of takeoff are such that a
dure. straight-in instrument approach can be
(e) The MDA or DA/DH and visibility made to the runway served by the in-
landing minimums prescribed in part 97 strument approach;
of this chapter or in the operator’s op- (2) The associated ground facilities
erations specifications are increased by upon which the landing minimums are
100 feet and 1⁄2 mile respectively, but predicated and the related airborne
not to exceed the ceiling and visibility equipment are in normal operation;
minimums for that airport when used and
as an alternate airport, for each pilot (3) The certificate holder has been
in command of a turbine-powered air- approved for such operations.
plane who has not served at least 100 [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
hours as pilot in command in that type amended by Amdt. 135–91, 68 FR 54586, Sept.
of airplane. 17, 2003; Amdt. 135–93, 69 FR 1641, Jan. 9, 2004;
(f) Each pilot making an IFR takeoff Amdt. 135–110, 72 FR 31685, June 7, 2007;
or approach and landing at a military Amdt. 135–126, 77 FR 1632, Jan. 11, 2012]
or foreign airport shall comply with
applicable instrument approach proce- § 135.227 Icing conditions: Operating
dures and weather minimums pre- limitations.
scribed by the authority having juris- (a) No pilot may take off an aircraft
diction over that airport. In addition, that has frost, ice, or snow adhering to
unless authorized by the certificate any rotor blade, propeller, windshield,
holder’s operations specifications, no stabilizing or control surface; to a pow-
pilot may, at that airport— erplant installation; or to an airspeed,
(1) Take off under IFR when the visi- altimeter, rate of climb, flight attitude
bility is less than 1 mile; or instrument system, or wing, except
(2) Make an instrument approach that takeoffs may be made with frost
when the visibility is less than 1⁄2 mile. under the wing in the area of the fuel
(g) If takeoff minimums are specified tanks if authorized by the FAA.
in part 97 of this chapter for the take- (b) No certificate holder may author-
off airport, no pilot may take off an ize an airplane to take off and no pilot
aircraft under IFR when the weather may take off an airplane any time con-
conditions reported by the facility de- ditions are such that frost, ice, or snow
scribed in paragraph (a)(1) of this sec- may reasonably be expected to adhere
tion are less than the takeoff mini- to the airplane unless the pilot has
mums specified for the takeoff airport completed all applicable training as re-
in part 97 or in the certificate holder’s quired by § 135.341 and unless one of the
operations specifications. following requirements is met:
(h) Except as provided in paragraph (1) A pretakeoff contamination
(i) of this section, if takeoff minimums check, that has been established by the
are not prescribed in part 97 of this certificate holder and approved by the
chapter for the takeoff airport, no pilot Administrator for the specific airplane
may takeoff an aircraft under IFR type, has been completed within 5 min-
when the weather conditions reported utes prior to beginning takeoff. A pre-
lpowell on DSK54DXVN1OFR with $$_JOB

by the facility described in paragraph takeoff contamination check is a check


(a)(1) of this section are less than that to make sure the wings and control
prescribed in part 91 of this chapter or surfaces are free of frost, ice, or snow.

455

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§ 135.229 14 CFR Ch. I (1–1–16 Edition)

(2) The certificate holder has an ap- § 135.229 Airport requirements.


proved alternative procedure and under (a) No certificate holder may use any
that procedure the airplane is deter- airport unless it is adequate for the
mined to be free of frost, ice, or snow. proposed operation, considering such
(3) The certificate holder has an ap- items as size, surface, obstructions,
proved deicing/anti-icing program that and lighting.
complies with § 121.629(c) of this chap- (b) No pilot of an aircraft carrying
ter and the takeoff complies with that passengers at night may takeoff from,
program. or land on, an airport unless—
(c) No pilot may fly under IFR into (1) That pilot has determined the
known or forecast light or moderate wind direction from an illuminated
icing conditions or under VFR into wind direction indicator or local
known light or moderate icing condi- ground communications or, in the case
tions, unless— of takeoff, that pilot’s personal obser-
(1) The aircraft has functioning deic- vations; and
ing or anti-icing equipment protecting (2) The limits of the area to be used
each rotor blade, propeller, windshield, for landing or takeoff are clearly
wing, stabilizing or control surface, shown—
and each airspeed, altimeter, rate of (i) For airplanes, by boundary or run-
climb, or flight attitude instrument way marker lights;
system; (ii) For helicopters, by boundary or
(2) The airplane has ice protection runway marker lights or reflective ma-
provisions that meet section 34 of ap- terial.
pendix A of this part; or (c) For the purpose of paragraph (b)
(3) The airplane meets transport cat- of this section, if the area to be used
egory airplane type certification provi- for takeoff or landing is marked by
sions, including the requirements for flare pots or lanterns, their use must
certification for flight in icing condi- be approved by the Administrator.
tions.
(d) No pilot may fly a helicopter Subpart E—Flight Crewmember
under IFR into known or forecast icing Requirements
conditions or under VFR into known
icing conditions unless it has been type § 135.241 Applicability.
certificated and appropriately equipped Except as provided in § 135.3, this sub-
for operations in icing conditions. part prescribes the flight crewmember
(e) Except for an airplane that has requirements for operations under this
ice protection provisions that meet part.
section 34 of appendix A, or those for [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
transport category airplane type cer- amended by Amdt. 121–250, 60 FR 65950, Dec.
tification, no pilot may fly an aircraft 20, 1995]
into known or forecast severe icing
conditions. § 135.243 Pilot in command qualifica-
(f) If current weather reports and tions.
briefing information relied upon by the (a) No certificate holder may use a
pilot in command indicate that the person, nor may any person serve, as
forecast icing condition that would pilot in command in passenger-car-
otherwise prohibit the flight will not rying operations—
be encountered during the flight be- (1) Of a turbojet airplane, of an air-
cause of changed weather conditions plane having a passenger-seat configu-
since the forecast, the restrictions in ration, excluding each crewmember
paragraphs (c), (d), and (e) of this sec- seat, of 10 seats or more, or of a multi-
tion based on forecast conditions do engine airplane in a commuter oper-
not apply. ation as defined in part 119 of this
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
chapter, unless that person holds an
amended by Amdt. 133–20, 51 FR 40710, Nov. 7, airline transport pilot certificate with
lpowell on DSK54DXVN1OFR with $$_JOB

1986; Amdt. 135–46, 58 FR 69629, Dec. 30, 1993; appropriate category and class ratings
Amdt. 135–60, 61 FR 2616, Jan. 26, 1996; Amdt. and, if required, an appropriate type
135–119, 74 FR 62696, Dec. 1, 2009] rating for that airplane.

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Federal Aviation Administration, DOT § 135.243

(2) Of a helicopter in a scheduled (1) The aircraft used is a single recip-


interstate air transportation operation rocating-engine-powered airplane;
by an air carrier within the 48 contig- (2) The certificate holder does not
uous states unless that person holds an conduct any operation pursuant to a
airline transport pilot certificate, ap- published flight schedule which speci-
propriate type ratings, and an instru- fies five or more round trips a week be-
ment rating. tween two or more points and places
(b) Except as provided in paragraph between which the round trips are per-
(a) of this section, no certificate holder formed, and does not transport mail by
may use a person, nor may any person air under a contract or contracts with
serve, as pilot in command of an air- the United States Postal Service hav-
craft under VFR unless that person— ing total amount estimated at the be-
(1) Holds at least a commercial pilot ginning of any semiannual reporting
certificate with appropriate category period (January 1–June 30; July 1–De-
and class ratings and, if required, an cember 31) to be in excess of $20,000
appropriate type rating for that air- over the 12 months commencing with
craft; and the beginning of the reporting period;
(2) Has had at least 500 hours time as (3) The area, as specified in the cer-
a pilot, including at least 100 hours of tificate holder’s operations specifica-
cross-country flight time, at least 25 tions, is an isolated area, as deter-
hours of which were at night; and mined by the Flight Standards district
(3) For an airplane, holds an instru- office, if it is shown that—
ment rating or an airline transport
(i) The primary means of navigation
pilot certificate with an airplane cat-
in the area is by pilotage, since radio
egory rating; or
navigational aids are largely ineffec-
(4) For helicopter operations con-
tive; and
ducted VFR over-the-top, holds a heli-
copter instrument rating, or an airline (ii) The primary means of transpor-
transport pilot certificate with a cat- tation in the area is by air;
egory and class rating for that aircraft, (4) Each flight is conducted under
not limited to VFR. day VFR with a ceiling of not less than
(c) Except as provided in paragraph 1,000 feet and visibility not less than 3
(a) of this section, no certificate holder statute miles;
may use a person, nor may any person (5) Weather reports or forecasts, or
serve, as pilot in command of an air- any combination of them, indicate that
craft under IFR unless that person— for the period commencing with the
(1) Holds at least a commercial pilot planned departure and ending 30 min-
certificate with appropriate category utes after the planned arrival at the
and class ratings and, if required, an destination the flight may be con-
appropriate type rating for that air- ducted under VFR with a ceiling of not
craft; and less than 1,000 feet and visibility of not
(2) Has had at least 1,200 hours of less than 3 statute miles, except that if
flight time as a pilot, including 500 weather reports and forecasts are not
hours of cross country flight time, 100 available, the pilot in command may
hours of night flight time, and 75 hours use that pilot’s observations or those
of actual or simulated instrument time of other persons competent to supply
at least 50 hours of which were in ac- weather observations if those observa-
tual flight; and tions indicate the flight may be con-
(3) For an airplane, holds an instru- ducted under VFR with the ceiling and
ment rating or an airline transport visibility required in this paragraph;
pilot certificate with an airplane cat- (6) The distance of each flight from
egory rating; or the certificate holder’s base of oper-
(4) For a helicopter, holds a heli- ation to destination does not exceed 250
copter instrument rating, or an airline nautical miles for a pilot who holds a
transport pilot certificate with a cat- commercial pilot certificate with an
egory and class rating for that aircraft, airplane rating without an instrument
lpowell on DSK54DXVN1OFR with $$_JOB

not limited to VFR. rating, provided the pilot’s certificate


(d) Paragraph (b)(3) of this section does not contain any limitation to the
does not apply when— contrary; and

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§ 135.244 14 CFR Ch. I (1–1–16 Edition)

(7) The areas to be flown are ap- cent of the hours required by this sec-
proved by the certificate-holding FAA tion by the substitution of one addi-
Flight Standards district office and are tional takeoff and landing for each
listed in the certificate holder’s oper- hour of flight.
ations specifications. [Doc. No. 20011, 45 FR 7541, Feb. 4, 1980, as
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978; amended by Amdt. 135–9, 45 FR 80461, Dec. 14,
Amdt. 135–1, 43 FR 49975, Oct. 26, 1978, as 1980; Amdt. 135–58, 60 FR 65940, Dec. 20, 1995]
amended by Amdt. 135–15, 46 FR 30971, June
11, 1981; Amdt. 135–58, 60 FR 65939, Dec. 20, § 135.245 Second in command quali-
1995] fications.
(a) Except as provided in paragraph
§ 135.244 Operating experience. (b), no certificate holder may use any
(a) No certificate holder may use any person, nor may any person serve, as
person, nor may any person serve, as a second in command of an aircraft un-
pilot in command of an aircraft oper- less that person holds at least a com-
ated in a commuter operation, as de- mercial pilot certificate with appro-
fined in part 119 of this chapter unless priate category and class ratings and
that person has completed, prior to an instrument rating. For flight under
designation as pilot in command, on IFR, that person must meet the recent
that make and basic model aircraft and instrument experience requirements of
in that crewmember position, the fol- part 61 of this chapter.
lowing operating experience in each (b) A second in command of a heli-
make and basic model of aircraft to be copter operated under VFR, other than
flown: over-the-top, must have at least a com-
(1) Aircraft, single engine—10 hours. mercial pilot certificate with an appro-
(2) Aircraft multiengine, recipro- priate aircraft category and class rat-
cating engine-powered—15 hours. ing.
(3) Aircraft multiengine, turbine en-
[44 FR 26738, May 7, 1979]
gine-powered—20 hours.
(4) Airplane, turbojet-powered—25 § 135.247 Pilot qualifications: Recent
hours. experience.
(b) In acquiring the operating experi-
ence, each person must comply with (a) No certificate holder may use any
the following: person, nor may any person serve, as
(1) The operating experience must be pilot in command of an aircraft car-
acquired after satisfactory completion rying passengers unless, within the
of the appropriate ground and flight preceding 90 days, that person has—
training for the aircraft and crew- (1) Made three takeoffs and three
member position. Approved provisions landings as the sole manipulator of the
for the operating experience must be flight controls in an aircraft of the
included in the certificate holder’s same category and class and, if a type
training program. rating is required, of the same type in
(2) The experience must be acquired which that person is to serve; or
in flight during commuter passenger- (2) For operation during the period
carrying operations under this part. beginning 1 hour after sunset and end-
However, in the case of an aircraft not ing 1 hour before sunrise (as published
previously used by the certificate hold- in the Air Almanac), made three take-
er in operations under this part, oper- offs and three landings during that pe-
ating experience acquired in the air- riod as the sole manipulator of the
craft during proving flights or ferry flight controls in an aircraft of the
flights may be used to meet this re- same category and class and, if a type
quirement. rating is required, of the same type in
(3) Each person must acquire the op- which that person is to serve.
erating experience while performing A person who complies with paragraph
the duties of a pilot in command under (a)(2) of this section need not comply
the supervision of a qualified check with paragraph (a)(1) of this section.
lpowell on DSK54DXVN1OFR with $$_JOB

pilot. (3) Paragraph (a)(2) of this section


(4) The hours of operating experience does not apply to a pilot in command
may be reduced to not less than 50 per- of a turbine-powered airplane that is

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Federal Aviation Administration, DOT § 135.261

type certificated for more than one time takeoff and landing recent flight
pilot crewmember, provided that pilot experience of paragraph (a) of this sec-
has complied with the requirements of tion, as the sole manipulator of the
paragraph (a)(3)(i) or (ii) of this sec- flight controls;
tion: (C) Within the preceding 90 days prior
(i) The pilot in command must hold to the operation of that airplane that
at least a commercial pilot certificate is type certificated for more than one
with the appropriate category, class, pilot crewmember, the pilot must have
and type rating for each airplane that accomplished and logged at least 15
is type certificated for more than one hours of flight time in the type of air-
pilot crewmember that the pilot seeks plane that the pilot seeks to operate
to operate under this alternative, and: under this alternative; and
(A) That pilot must have logged at (D) Within the preceding 12 months
least 1,500 hours of aeronautical experi- prior to the month of the flight, the
ence as a pilot; pilot must have completed a training
(B) In each airplane that is type cer- program that is approved under part
tificated for more than one pilot crew- 142 of this chapter. The approved train-
member that the pilot seeks to operate ing program must have required and
under this alternative, that pilot must the pilot must have performed, at least
have accomplished and logged the day- 6 takeoffs and 6 landings to a full stop
time takeoff and landing recent flight as the sole manipulator of the controls
experience of paragraph (a) of this sec- in a flight simulator that is representa-
tion, as the sole manipulator of the tive of a turbine-powered airplane that
flight controls; requires more than one pilot crew-
(C) Within the preceding 90 days prior member. The flight simulator’s visual
to the operation of that airplane that system must have been adjusted to rep-
is type certificated for more than one resent the period beginning 1 hour
pilot crewmember, the pilot must have after sunset and ending 1 hour before
accomplished and logged at least 15 sunrise.
hours of flight time in the type of air- (b) For the purpose of paragraph (a)
plane that the pilot seeks to operate of this section, if the aircraft is a tail-
under this alternative; and wheel airplane, each takeoff must be
(D) That pilot has accomplished and made in a tailwheel airplane and each
logged at least 3 takeoffs and 3 land- landing must be made to a full stop in
ings to a full stop, as the sole manipu- a tailwheel airplane.
lator of the flight controls, in a tur- [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
bine-powered airplane that requires amended by Amdt. 135–91, 68 FR 54587, Sept.
more than one pilot crewmember. The 17, 2003]
pilot must have performed the takeoffs
§§ 135.249–135.255 [Reserved]
and landings during the period begin-
ning 1 hour after sunset and ending 1
hour before sunrise within the pre- Subpart F—Crewmember Flight
ceding 6 months prior to the month of Time and Duty Period Limita-
the flight. tions and Rest Requirements
(ii) The pilot in command must hold
at least a commercial pilot certificate SOURCE: Docket No. 23634, 50 FR 29320, July
with the appropriate category, class, 18, 1985, unless otherwise noted.
and type rating for each airplane that
is type certificated for more than one § 135.261 Applicability.
pilot crewmember that the pilot seeks Sections 135.263 through 135.273 of
to operate under this alternative, and: this part prescribe flight time limita-
(A) That pilot must have logged at tions, duty period limitations, and rest
least 1,500 hours of aeronautical experi- requirements for operations conducted
ence as a pilot; under this part as follows:
(B) In each airplane that is type cer- (a) Section 135.263 applies to all oper-
tificated for more than one pilot crew- ations under this subpart.
lpowell on DSK54DXVN1OFR with $$_JOB

member that the pilot seeks to operate (b) Section 135.265 applies to:
under this alternative, that pilot must (1) Scheduled passenger-carrying op-
have accomplished and logged the day- erations except those conducted solely

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§ 135.263 14 CFR Ch. I (1–1–16 Edition)

within the state of Alaska. ‘‘Scheduled station, is not considered part of a rest
passenger-carrying operations’’ means period.
passenger-carrying operations that are (d) A flight crewmember is not con-
conducted in accordance with a pub- sidered to be assigned flight time in ex-
lished schedule which covers at least cess of flight time limitations if the
five round trips per week on at least flights to which he is assigned nor-
one route between two or more points, mally terminate within the limita-
includes dates or times (or both), and is tions, but due to circumstances beyond
openly advertised or otherwise made the control of the certificate holder or
readily available to the general public, flight crewmember (such as adverse
and weather conditions), are not at the
(2) Any other operation under this time of departure expected to reach
part, if the operator elects to comply their destination within the planned
with § 135.265 and obtains an appro- flight time.
priate operations specification amend-
ment. § 135.265 Flight time limitations and
(c) Sections 135.267 and 135.269 apply rest requirements: Scheduled oper-
ations.
to any operation that is not a sched-
uled passenger-carrying operation and (a) No certificate holder may sched-
to any operation conducted solely ule any flight crewmember, and no
within the State of Alaska, unless the flight crewmember may accept an as-
operator elects to comply with § 135.265 signment, for flight time in scheduled
as authorized under paragraph (b)(2) of operations or in other commercial fly-
this section. ing if that crewmember’s total flight
(d) Section 135.271 contains special time in all commercial flying will ex-
daily flight time limits for operations ceed—
conducted under the helicopter emer- (1) 1,200 hours in any calendar year.
gency medical evacuation service (2) 120 hours in any calendar month.
(HEMES). (3) 34 hours in any 7 consecutive days.
(e) Section 135.273 prescribes duty pe- (4) 8 hours during any 24 consecutive
riod limitations and rest requirements hours for a flight crew consisting of
for flight attendants in all operations one pilot.
conducted under this part. (5) 8 hours between required rest peri-
[Doc. No. 23634, 50 FR 29320, July 18, 1985, as ods for a flight crew consisting of two
amended by Amdt. 135–52, 59 FR 42993, Aug. pilots qualified under this part for the
19, 1994] operation being conducted.
(b) Except as provided in paragraph
§ 135.263 Flight time limitations and (c) of this section, no certificate holder
rest requirements: All certificate may schedule a flight crewmember,
holders. and no flight crewmember may accept
(a) A certificate holder may assign a an assignment, for flight time during
flight crewmember and a flight crew- the 24 consecutive hours preceding the
member may accept an assignment for scheduled completion of any flight seg-
flight time only when the applicable ment without a scheduled rest period
requirements of §§ 135.263 through during that 24 hours of at least the fol-
135.271 are met. lowing:
(b) No certificate holder may assign (1) 9 consecutive hours of rest for less
any flight crewmember to any duty than 8 hours of scheduled flight time.
with the certificate holder during any (2) 10 consecutive hours of rest for 8
required rest period. or more but less than 9 hours of sched-
(c) Time spent in transportation, not uled flight time.
local in character, that a certificate (3) 11 consecutive hours of rest for 9
holder requires of a flight crewmember or more hours of scheduled flight time.
and provides to transport the crew- (c) A certificate holder may schedule
member to an airport at which he is to a flight crewmember for less than the
lpowell on DSK54DXVN1OFR with $$_JOB

serve on a flight as a crewmember, or rest required in paragraph (b) of this


from an airport at which he was re- section or may reduce a scheduled rest
lieved from duty to return to his home under the following conditions:

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Federal Aviation Administration, DOT § 135.269

(1) A rest required under paragraph paragraph (b) of this section if the as-
(b)(1) of this section may be scheduled signed flight time occurs during a regu-
for or reduced to a minimum of 8 hours larly assigned duty period of no more
if the flight crewmember is given a rest than 14 hours and—
period of at least 10 hours that must (1) If this duty period is immediately
begin no later than 24 hours after the preceded by and followed by a required
commencement of the reduced rest pe- rest period of at least 10 consecutive
riod. hours of rest;
(2) A rest required under paragraph (2) If flight time is assigned during
(b)(2) of this section may be scheduled this period, that total flight time when
for or reduced to a minimum of 8 hours added to any other commercial flying
if the flight crewmember is given a rest by the flight crewmember may not ex-
period of at least 11 hours that must ceed—
begin no later than 24 hours after the (i) 8 hours for a flight crew consisting
commencement of the reduced rest pe- of one pilot; or
riod. (ii) 10 hours for a flight crew con-
(3) A rest required under paragraph sisting of two pilots; and
(b)(3) of this section may be scheduled (3) If the combined duty and rest pe-
for or reduced to a minimum of 9 hours riods equal 24 hours.
if the flight crewmember is given a rest (d) Each assignment under paragraph
period of at least 12 hours that must (b) of this section must provide for at
begin no later than 24 hours after the least 10 consecutive hours of rest dur-
commencement of the reduced rest pe- ing the 24-hour period that precedes
riod. the planned completion time of the as-
(d) Each certificate holder shall re- signment.
lieve each flight crewmember engaged (e) When a flight crewmember has ex-
in scheduled air transportation from ceeded the daily flight time limitations
all further duty for at least 24 consecu- in this section, because of cir-
tive hours during any 7 consecutive cumstances beyond the control of the
days. certificate holder or flight crew-
member (such as adverse weather con-
§ 135.267 Flight time limitations and ditions), that flight crewmember must
rest requirements: Unscheduled have a rest period before being assigned
one- and two-pilot crews. or accepting an assignment for flight
(a) No certificate holder may assign time of at least—
any flight crewmember, and no flight (1) 11 consecutive hours of rest if the
crewmember may accept an assign- flight time limitation is exceeded by
ment, for flight time as a member of a not more than 30 minutes;
one- or two-pilot crew if that crew- (2) 12 consecutive hours of rest if the
member’s total flight time in all com- flight time limitation is exceeded by
mercial flying will exceed— more than 30 minutes, but not more
(1) 500 hours in any calendar quarter. than 60 minutes; and
(2) 800 hours in any two consecutive (3) 16 consecutive hours of rest if the
calendar quarters. flight time limitation is exceeded by
(3) 1,400 hours in any calendar year. more than 60 minutes.
(b) Except as provided in paragraph (f) The certificate holder must pro-
(c) of this section, during any 24 con- vide each flight crewmember at least 13
secutive hours the total flight time of rest periods of at least 24 consecutive
the assigned flight when added to any hours each in each calendar quarter.
other commercial flying by that flight
[Doc. No. 23634, 50 FR 29320, July 18, 1985, as
crewmember may not exceed— amended by Amdt. 135–33, 54 FR 39294, Sept.
(1) 8 hours for a flight crew con- 25, 1989; Amdt. 135–60, 61 FR 2616, Jan. 26,
sisting of one pilot; or 1996]
(2) 10 hours for a flight crew con-
sisting of two pilots qualified under § 135.269 Flight time limitations and
this part for the operation being con- rest requirements: Unscheduled
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ducted. three- and four-pilot crews.


(c) A flight crewmember’s flight time (a) No certificate holder may assign
may exceed the flight time limits of any flight crewmember, and no flight

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§ 135.271 14 CFR Ch. I (1–1–16 Edition)

crewmember may accept an assign- (d) A certificate holder must provide


ment, for flight time as a member of a each flight crewmember at least 13 rest
three- or four-pilot crew if that crew- periods of at least 24 consecutive hours
member’s total flight time in all com- each in each calendar quarter.
mercial flying will exceed—
(1) 500 hours in any calendar quarter. § 135.271 Helicopter hospital emer-
(2) 800 hours in any two consecutive gency medical evacuation service
calendar quarters. (HEMES).
(3) 1,400 hours in any calendar year. (a) No certificate holder may assign
(b) No certificate holder may assign any flight crewmember, and no flight
any pilot to a crew of three or four pi- crewmember may accept an assign-
lots, unless that assignment provides— ment for flight time if that crew-
(1) At least 10 consecutive hours of member’s total flight time in all com-
rest immediately preceding the assign- mercial flight will exceed—
ment; (1) 500 hours in any calendar quarter.
(2) No more than 8 hours of flight (2) 800 hours in any two consecutive
deck duty in any 24 consecutive hours; calendar quarters.
(3) No more than 18 duty hours for a (3) 1,400 hours in any calendar year.
three-pilot crew or 20 duty hours for a (b) No certificate holder may assign a
four-pilot crew in any 24 consecutive helicopter flight crewmember, and no
hours; flight crewmember may accept an as-
(4) No more than 12 hours aloft for a signment, for hospital emergency med-
three-pilot crew or 16 hours aloft for a ical evacuation service helicopter oper-
four-pilot crew during the maximum ations unless that assignment provides
duty hours specified in paragraph (b)(3)
for at least 10 consecutive hours of rest
of this section;
immediately preceding reporting to the
(5) Adequate sleeping facilities on the
hospital for availability for flight time.
aircraft for the relief pilot;
(c) No flight crewmember may accrue
(6) Upon completion of the assign-
more than 8 hours of flight time during
ment, a rest period of at least 12 hours;
any 24-consecutive hour period of a
(7) For a three-pilot crew, a crew
HEMES assignment, unless an emer-
which consists of at least the fol-
gency medical evacuation operation is
lowing:
prolonged. Each flight crewmember
(i) A pilot in command (PIC) who
who exceeds the daily 8 hour flight
meets the applicable flight crew-
time limitation in this paragraph must
member requirements of subpart E of
part 135; be relieved of the HEMES assignment
immediately upon the completion of
(ii) A PIC who meets the applicable
that emergency medical evacuation op-
flight crewmember requirements of
subpart E of part 135, except those pre- eration and must be given a rest period
scribed in §§ 135.244 and 135.247; and in compliance with paragraph (h) of
this section.
(iii) A second in command (SIC) who
meets the SIC qualifications of (d) Each flight crewmember must re-
§ 135.245. ceive at least 8 consecutive hours of
(8) For a four-pilot crew, at least rest during any 24 consecutive hour pe-
three pilots who meet the conditions of riod of a HEMES assignment. A flight
paragraph (b)(7) of this section, plus a crewmember must be relieved of the
fourth pilot who meets the SIC quali- HEMES assignment if he or she has not
fications of § 135.245. or cannot receive at least 8 consecutive
(c) When a flight crewmember has ex- hours of rest during any 24 consecutive
ceeded the daily flight deck duty limi- hour period of a HEMES assignment.
tation in this section by more than 60 (e) A HEMES assignment may not ex-
minutes, because of circumstances be- ceed 72 consecutive hours at the hos-
yond the control of the certificate pital.
holder or flight crewmember, that (f) An adequate place of rest must be
lpowell on DSK54DXVN1OFR with $$_JOB

flight crewmember must have a rest provided at, or in close proximity to,
period before the next duty period of at the hospital at which the HEMES as-
least 16 consecutive hours. signment is being performed.

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Federal Aviation Administration, DOT § 135.273

(g) No certificate holder may assign (2) Except as provided in paragraph


any other duties to a flight crew- (b)(3) of this section, a flight attendant
member during a HEMES assignment. scheduled to a duty period of 14 hours
(h) Each pilot must be given a rest or less as provided under paragraph
period upon completion of the HEMES (b)(1) of this section must be given a
assignment and prior to being assigned scheduled rest period of at least 9 con-
any further duty with the certificate secutive hours. This rest period must
holder of— occur between the completion of the
(1) At least 12 consecutive hours for scheduled duty period and the com-
an assignment of less than 48 hours. mencement of the subsequent duty pe-
(2) At least 16 consecutive hours for riod.
an assignment of more than 48 hours. (3) The rest period required under
(i) The certificate holder must pro- paragraph (b)(2) of this section may be
vide each flight crewmember at least 13 scheduled or reduced to 8 consecutive
rest periods of at least 24 consecutive hours if the flight attendant is pro-
hours each in each calendar quarter. vided a subsequent rest period of at
least 10 consecutive hours; this subse-
§ 135.273 Duty period limitations and quent rest period must be scheduled to
rest time requirements. begin no later than 24 hours after the
(a) For purposes of this section— beginning of the reduced rest period
Calendar day means the period of and must occur between the comple-
elapsed time, using Coordinated Uni- tion of the scheduled duty period and
versal Time or local time, that begins the commencement of the subsequent
at midnight and ends 24 hours later at duty period.
the next midnight. (4) A certificate holder may assign a
Duty period means the period of flight attendant to a scheduled duty
elapsed time between reporting for an period of more than 14 hours, but no
assignment involving flight time and more than 16 hours, if the certificate
release from that assignment by the holder has assigned to the flight or
certificate holder. The time is cal- flights in that duty period at least one
culated using either Coordinated Uni- flight attendant in addition to the min-
versal Time or local time to reflect the imum flight attendant complement re-
total elapsed time. quired for the flight or flights in that
Flight attendant means an individual, duty period under the certificate hold-
other than a flight crewmember, who is er’s operations specifications.
assigned by the certificate holder, in (5) A certificate holder may assign a
accordance with the required minimum flight attendant to a scheduled duty
crew complement under the certificate period of more than 16 hours, but no
holder’s operations specifications or in more than 18 hours, if the certificate
addition to that minimum com- holder has assigned to the flight or
plement, to duty in an aircraft during flights in that duty period at least two
flight time and whose duties include flight attendants in addition to the
but are not necessarily limited to minimum flight attendant complement
cabin-safety-related responsibilities. required for the flight or flights in that
Rest period means the period free of duty period under the certificate hold-
all responsibility for work or duty er’s operations specifications.
should the occasion arise. (6) A certificate holder may assign a
(b) Except as provided in paragraph flight attendant to a scheduled duty
(c) of this section, a certificate holder period of more than 18 hours, but no
may assign a duty period to a flight at- more than 20 hours, if the scheduled
tendant only when the applicable duty duty period includes one or more
period limitations and rest require- flights that land or take off outside the
ments of this paragraph are met. 48 contiguous states and the District of
(1) Except as provided in paragraphs Columbia, and if the certificate holder
(b)(4), (b)(5), and (b)(6) of this section, has assigned to the flight or flights in
lpowell on DSK54DXVN1OFR with $$_JOB

no certificate holder may assign a that duty period at least three flight
flight attendant to a scheduled duty attendants in addition to the minimum
period of more than 14 hours. flight attendant complement required

463

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§ 135.273 14 CFR Ch. I (1–1–16 Edition)

for the flight or flights in that duty pe- (13) Each certificate holder must re-
riod under the certificate holder’s oper- lieve each flight attendant engaged in
ations specifications. air transportation from all further
(7) Except as provided in paragraph duty for at least 24 consecutive hours
(b)(8) of this section, a flight attendant during any 7 consecutive calendar
scheduled to a duty period of more days.
than 14 hours but no more than 20 (14) A flight attendant is not consid-
hours, as provided in paragraphs (b)(4), ered to be scheduled for duty in excess
(b)(5), and (b)(6) of this section, must be of duty period limitations if the flights
given a scheduled rest period of at least to which the flight attendant is as-
12 consecutive hours. This rest period signed are scheduled and normally ter-
must occur between the completion of minate within the limitations but due
the scheduled duty period and the com- to circumstances beyond the control of
mencement of the subsequent duty pe- the certificate holder (such as adverse
riod. weather conditions) are not at the time
(8) The rest period required under of departure expected to reach their
paragraph (b)(7) of this section may be destination within the scheduled time.
scheduled or reduced to 10 consecutive (c) Notwithstanding paragraph (b) of
hours if the flight attendant is pro- this section, a certificate holder may
vided a subsequent rest period of at apply the flight crewmember flight
least 14 consecutive hours; this subse- time and duty limitations and rest re-
quent rest period must be scheduled to quirements of this part to flight at-
begin no later than 24 hours after the tendants for all operations conducted
beginning of the reduced rest period under this part provided that—
and must occur between the comple- (1) The certificate holder establishes
tion of the scheduled duty period and written procedures that—
the commencement of the subsequent (i) Apply to all flight attendants used
duty period. in the certificate holder’s operation;
(9) Notwithstanding paragraphs (ii) Include the flight crewmember
(b)(4), (b)(5), and (b)(6) of this section, if requirements contained in subpart F of
a certificate holder elects to reduce the this part, as appropriate to the oper-
rest period to 10 hours as authorized by ation being conducted, except that rest
paragraph (b)(8) of this section, the cer- facilities on board the aircraft are not
tificate holder may not schedule a required; and
flight attendant for a duty period of (iii) Include provisions to add one
more than 14 hours during the 24-hour flight attendant to the minimum flight
period commencing after the beginning attendant complement for each flight
of the reduced rest period. crewmember who is in excess of the
(10) No certificate holder may assign minimum number required in the air-
a flight attendant any duty period with craft type certificate data sheet and
the certificate holder unless the flight who is assigned to the aircraft under
attendant has had at least the min- the provisions of subpart F of this part,
imum rest required under this section. as applicable.
(11) No certificate holder may assign (iv) Are approved by the Adminis-
a flight attendant to perform any duty trator and described or referenced in
with the certificate holder during any the certificate holder’s operations
required rest period. specifications; and
(12) Time spent in transportation, (2) Whenever the Administrator finds
not local in character, that a certifi- that revisions are necessary for the
cate holder requires of a flight attend- continued adequacy of duty period lim-
ant and provides to transport the flight itation and rest requirement proce-
attendant to an airport at which that dures that are required by paragraph
flight attendant is to serve on a flight (c)(1) of this section and that had been
as a crewmember, or from an airport at granted final approval, the certificate
which the flight attendant was relieved holder must, after notification by the
lpowell on DSK54DXVN1OFR with $$_JOB

from duty to return to the flight at- Administrator, make any changes in
tendant’s home station, is not consid- the procedures that are found nec-
ered part of a rest period. essary by the Administrator. Within 30

464

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Federal Aviation Administration, DOT § 135.293

days after the certificate holder re- major appliances, performance and op-
ceives such notice, it may file a peti- erating limitations, standard and
tion to reconsider the notice with the emergency operating procedures, and
certificate-holding district office. The the contents of the approved Aircraft
filing of a petition to reconsider stays Flight Manual or equivalent, as appli-
the notice, pending decision by the Ad- cable;
ministrator. However, if the Adminis- (3) For each type of aircraft to be
trator finds that there is an emergency flown by the pilot, the method of deter-
that requires immediate action in the mining compliance with weight and
interest of safety, the Administrator balance limitations for takeoff, landing
may, upon a statement of the reasons, and en route operations;
require a change effective without (4) Navigation and use of air naviga-
stay. tion aids appropriate to the operation
or pilot authorization, including, when
[Amdt. 135–52, 59 FR 42993, Aug. 19, 1994, as
amended by Amdt. 135–60, 61 FR 2616, Jan. 26, applicable, instrument approach facili-
1996] ties and procedures;
(5) Air traffic control procedures, in-
cluding IFR procedures when applica-
Subpart G—Crewmember Testing ble;
Requirements (6) Meteorology in general, including
§ 135.291 Applicability. the principles of frontal systems, icing,
fog, thunderstorms, and windshear,
Except as provided in § 135.3, this sub- and, if appropriate for the operation of
part— the certificate holder, high altitude
(a) Prescribes the tests and checks weather;
required for pilot and flight attendant (7) Procedures for—
crewmembers and for the approval of (i) Recognizing and avoiding severe
check pilots in operations under this weather situations;
part; and (ii) Escaping from severe weather sit-
(b) Permits training center personnel uations, in case of inadvertent encoun-
authorized under part 142 of this chap- ters, including low-altitude windshear
ter who meet the requirements of (except that rotorcraft pilots are not
§§ 135.337 and 135.339 to conduct train- required to be tested on escaping from
ing, testing, and checking under con- low-altitude windshear);
tract or other arrangement to those (iii) Operating in or near thunder-
persons subject to the requirements of storms (including best penetrating al-
this subpart. titudes), turbulent air (including clear
[Doc. No. 26933, 61 FR 34561, July 2, 1996, as air turbulence), icing, hail, and other
amended by Amdt. 135–91, 68 FR 54587, Sept. potentially hazardous meteorological
17, 2003] conditions; and
(8) New equipment, procedures, or
§ 135.293 Initial and recurrent pilot techniques, as appropriate; and
testing requirements. (9) For rotorcraft pilots, procedures
(a) No certificate holder may use a for aircraft handling in flat-light,
pilot, nor may any person serve as a whiteout, and brownout conditions, in-
pilot, unless, since the beginning of the cluding methods for recognizing and
12th calendar month before that serv- avoiding those conditions.
ice, that pilot has passed a written or (b) No certificate holder may use a
oral test, given by the Administrator pilot, nor may any person serve as a
or an authorized check pilot, on that pilot, in any aircraft unless, since the
pilot’s knowledge in the following beginning of the 12th calendar month
areas— before that service, that pilot has
(1) The appropriate provisions of passed a competency check given by
parts 61, 91, and 135 of this chapter and the Administrator or an authorized
the operations specifications and the check pilot in that class of aircraft, if
manual of the certificate holder; single-engine airplane other than tur-
lpowell on DSK54DXVN1OFR with $$_JOB

(2) For each type of aircraft to be bojet, or that type of aircraft, if heli-
flown by the pilot, the aircraft power- copter, multiengine airplane, or tur-
plant, major components and systems, bojet airplane, to determine the pilot’s

465

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§ 135.295 14 CFR Ch. I (1–1–16 Edition)

competence in practical skills and ulator or other appropriate training de-


techniques in that aircraft or class of vice, if approved by the Administrator.
aircraft. The extent of the competency (h) Rotorcraft pilots must be tested
check shall be determined by the Ad- on the subjects in paragraph (a)(9) of
ministrator or authorized check pilot this section when taking a written or
conducting the competency check. The oral knowledge test after April 22, 2015.
competency check may include any of Rotorcraft pilots must be checked on
the maneuvers and procedures cur- the maneuvers and procedures in para-
rently required for the original graph (c) of this section when taking a
issuance of the particular pilot certifi- competency check after April 22, 2015.
cate required for the operations au-
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
thorized and appropriate to the cat-
amended by Amdt. 135–27, 53 FR 37697, Sept.
egory, class and type of aircraft in- 27, 1988; Amdt. 135–129, 79 FR 9974, Feb. 21,
volved. For the purposes of this para- 2014; 79 FR 22012, Apr. 21, 2014]
graph, type, as to an airplane, means
any one of a group of airplanes deter- § 135.295 Initial and recurrent flight
mined by the Administrator to have a attendant crewmember testing re-
similar means of propulsion, the same quirements.
manufacturer, and no significantly dif- No certificate holder may use a flight
ferent handling or flight characteris- attendant crewmember, nor may any
tics. For the purposes of this para- person serve as a flight attendant crew-
graph, type, as to a helicopter, means a member unless, since the beginning of
basic make and model. the 12th calendar month before that
(c) Each competency check given in a service, the certificate holder has de-
rotorcraft must include a demonstra- termined by appropriate initial and re-
tion of the pilot’s ability to maneuver current testing that the person is
the rotorcraft solely by reference to in- knowledgeable and competent in the
struments. The check must determine following areas as appropriate to as-
the pilot’s ability to safely maneuver signed duties and responsibilities—
the rotorcraft into visual meteorolog- (a) Authority of the pilot in com-
ical conditions following an inad- mand;
vertent encounter with instrument me-
(b) Passenger handling, including
teorological conditions. For com-
procedures to be followed in handling
petency checks in non-IFR-certified
deranged persons or other persons
rotorcraft, the pilot must perform such
whose conduct might jeopardize safety;
maneuvers as are appropriate to the
(c) Crewmember assignments, func-
rotorcraft’s installed equipment, the
tions, and responsibilities during ditch-
certificate holder’s operations speci-
ing and evacuation of persons who may
fications, and the operating environ-
need the assistance of another person
ment.
to move expeditiously to an exit in an
(d) The instrument proficiency check
emergency;
required by § 135.297 may be substituted
for the competency check required by (d) Briefing of passengers;
this section for the type of aircraft (e) Location and operation of port-
used in the check. able fire extinguishers and other items
(e) For the purpose of this part, com- of emergency equipment;
petent performance of a procedure or (f) Proper use of cabin equipment and
maneuver by a person to be used as a controls;
pilot requires that the pilot be the ob- (g) Location and operation of pas-
vious master of the aircraft, with the senger oxygen equipment;
successful outcome of the maneuver (h) Location and operation of all nor-
never in doubt. mal and emergency exits, including
(f) The Administrator or authorized evacuation chutes and escape ropes;
check pilot certifies the competency of and
each pilot who passes the knowledge or (i) Seating of persons who may need
flight check in the certificate holder’s assistance of another person to move
lpowell on DSK54DXVN1OFR with $$_JOB

pilot records. rapidly to an exit in an emergency as


(g) Portions of a required competency prescribed by the certificate holder’s
check may be given in an aircraft sim- operations manual.

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Federal Aviation Administration, DOT § 135.297

§ 135.297 Pilot in command: Instru- cedures and maneuvers for an airline


ment proficiency check require- transport pilot certificate in the par-
ments. ticular type of airplane, if appropriate;
(a) No certificate holder may use a and
pilot, nor may any person serve, as a (ii) For a pilot in command of an air-
pilot in command of an aircraft under plane or helicopter under § 135.243(c),
IFR unless, since the beginning of the include the procedures and maneuvers
6th calendar month before that service, for a commercial pilot certificate with
that pilot has passed an instrument an instrument rating and, if required,
proficiency check under this section for the appropriate type rating.
administered by the Administrator or (2) The instrument proficiency check
an authorized check pilot. must be given by an authorized check
(b) No pilot may use any type of pre- airman or by the Administrator.
cision instrument approach procedure (d) If the pilot in command is as-
under IFR unless, since the beginning signed to pilot only one type of air-
of the 6th calendar month before that craft, that pilot must take the instru-
use, the pilot satisfactorily dem- ment proficiency check required by
onstrated that type of approach proce- paragraph (a) of this section in that
dure. No pilot may use any type of non- type of aircraft.
precision approach procedure under (e) If the pilot in command is as-
IFR unless, since the beginning of the signed to pilot more than one type of
6th calendar month before that use, the aircraft, that pilot must take the in-
pilot has satisfactorily demonstrated strument proficiency check required by
either that type of approach procedure paragraph (a) of this section in each
or any other two different types of non- type of aircraft to which that pilot is
precision approach procedures. The in- assigned, in rotation, but not more
strument approach procedure or proce- than one flight check during each pe-
dures must include at least one riod described in paragraph (a) of this
straight-in approach, one circling ap- section.
proach, and one missed approach. Each (f) If the pilot in command is as-
type of approach procedure dem- signed to pilot both single-engine and
onstrated must be conducted to pub- multiengine aircraft, that pilot must
lished minimums for that procedure. initially take the instrument pro-
(c) The instrument proficiency check ficiency check required by paragraph
required by paragraph (a) of this sec- (a) of this section in a multiengine air-
tion consists of an oral or written craft, and each succeeding check alter-
equipment test and a flight check nately in single-engine and multien-
under simulated or actual IFR condi- gine aircraft, but not more than one
tions. The equipment test includes flight check during each period de-
questions on emergency procedures, en- scribed in paragraph (a) of this section.
gine operation, fuel and lubrication Portions of a required flight check may
systems, power settings, stall speeds, be given in an aircraft simulator or
best engine-out speed, propeller and su- other appropriate training device, if
percharger operations, and hydraulic, approved by the Administrator.
mechanical, and electrical systems, as (g) If the pilot in command is author-
appropriate. The flight check includes ized to use an autopilot system in place
navigation by instruments, recovery of a second in command, that pilot
from simulated emergencies, and must show, during the required instru-
standard instrument approaches in- ment proficiency check, that the pilot
volving navigational facilities which is able (without a second in command)
that pilot is to be authorized to use. both with and without using the auto-
Each pilot taking the instrument pro- pilot to—
ficiency check must show that stand- (1) Conduct instrument operations
ard of competence required by competently; and
§ 135.293(e). (2) Properly conduct air-ground com-
(1) The instrument proficiency check munications and comply with complex
lpowell on DSK54DXVN1OFR with $$_JOB

must— air traffic control instructions.


(i) For a pilot in command of an air- (3) Each pilot taking the autopilot
plane under § 135.243(a), include the pro- check must show that, while using the

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§ 135.299 14 CFR Ch. I (1–1–16 Edition)

autopilot, the airplane can be operated this part, completes the test or flight
as proficiently as it would be if a sec- check in the calendar month before or
ond in command were present to han- after the calendar month in which it is
dle air-ground communications and air required, that crewmember is consid-
traffic control instructions. The auto- ered to have completed the test or
pilot check need only be demonstrated check in the calendar month in which
once every 12 calendar months during it is required.
the instrument proficiency check re- (b) If a pilot being checked under this
quired under paragraph (a) of this sec- subpart fails any of the required ma-
tion. neuvers, the person giving the check
may give additional training to the
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
pilot during the course of the check. In
amended by Amdt. 135–15, 46 FR 30971, June
11, 1981; Amdt. 135–129, 79 FR 9975, Feb. 21, addition to repeating the maneuvers
2014] failed, the person giving the check may
require the pilot being checked to re-
§ 135.299 Pilot in command: Line peat any other maneuvers that are nec-
checks: Routes and airports. essary to determine the pilot’s pro-
(a) No certificate holder may use a ficiency. If the pilot being checked is
pilot, nor may any person serve, as a unable to demonstrate satisfactory
pilot in command of a flight unless, performance to the person conducting
since the beginning of the 12th cal- the check, the certificate holder may
endar month before that service, that not use the pilot, nor may the pilot
pilot has passed a flight check in one of serve, as a flight crewmember in oper-
the types of aircraft which that pilot is ations under this part until the pilot
to fly. The flight check shall— has satisfactorily completed the check.
(1) Be given by an approved check
pilot or by the Administrator; Subpart H—Training
(2) Consist of at least one flight over
one route segment; and § 135.321 Applicability and terms used.
(3) Include takeoffs and landings at (a) Except as provided in § 135.3, this
one or more representative airports. In subpart prescribes the requirements
addition to the requirements of this applicable to—
paragraph, for a pilot authorized to (1) A certificate holder under this
conduct IFR operations, at least one part which contracts with, or other-
flight shall be flown over a civil air- wise arranges to use the services of a
way, an approved off-airway route, or a training center certificated under part
portion of either of them. 142 to perform training, testing, and
(b) The pilot who conducts the check checking functions;
shall determine whether the pilot being (2) Each certificate holder for estab-
checked satisfactorily performs the du- lishing and maintaining an approved
ties and responsibilities of a pilot in training program for crewmembers,
command in operations under this check airmen and instructors, and
part, and shall so certify in the pilot other operations personnel employed or
training record. used by that certificate holder; and
(c) Each certificate holder shall es- (3) Each certificate holder for the
tablish in the manual required by qualification, approval, and use of air-
§ 135.21 a procedure which will ensure craft simulators and flight training de-
that each pilot who has not flown over vices in the conduct of the program.
a route and into an airport within the (b) For the purposes of this subpart,
preceding 90 days will, before beginning the following terms and definitions
the flight, become familiar with all apply:
available information required for the (1) Initial training. The training re-
safe operation of that flight. quired for crewmembers who have not
qualified and served in the same capac-
§ 135.301 Crewmember: Tests and ity on an aircraft.
checks, grace provisions, training (2) Transition training. The training
lpowell on DSK54DXVN1OFR with $$_JOB

to accepted standards. required for crewmembers who have


(a) If a crewmember who is required qualified and served in the same capac-
to take a test or a flight check under ity on another aircraft.

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Federal Aviation Administration, DOT § 135.323

(3) Upgrade training. The training re- holder must obtain initial and final
quired for crewmembers who have FAA approval of the training program.
qualified and served as second in com- (2) Provide adequate ground and
mand on a particular aircraft type, be- flight training facilities and properly
fore they serve as pilot in command on qualified ground instructors for the
that aircraft. training required by this subpart.
(4) Differences training. The training (3) Provide and keep current for each
required for crewmembers who have aircraft type used and, if applicable,
qualified and served on a particular the particular variations within the
type aircraft, when the Administrator aircraft type, appropriate training ma-
finds differences training is necessary terial, examinations, forms, instruc-
before a crewmember serves in the tions, and procedures for use in con-
same capacity on a particular vari- ducting the training and checks re-
ation of that aircraft. quired by this subpart.
(5) Recurrent training. The training (4) Provide enough flight instructors,
required for crewmembers to remain check airmen, and simulator instruc-
adequately trained and currently pro- tors to conduct required flight training
ficient for each aircraft, crewmember and flight checks, and simulator train-
position, and type of operation in ing courses allowed under this subpart.
which the crewmember serves. (b) Whenever a crewmember who is
(6) In flight. The maneuvers, proce- required to take recurrent training
dures, or functions that must be con- under this subpart completes the train-
ducted in the aircraft. ing in the calendar month before, or
(7) Training center. An organization the calendar month after, the month in
governed by the applicable require- which that training is required, the
ments of part 142 of this chapter that crewmember is considered to have
conducts training, testing, and check- completed it in the calendar month in
ing under contract or other arrange- which it was required.
ment to certificate holders subject to (c) Each instructor, supervisor, or
the requirements of this part.
check airman who is responsible for a
(8) Requalification training. The train- particular ground training subject, seg-
ing required for crewmembers pre- ment of flight training, course of train-
viously trained and qualified, but who ing, flight check, or competence check
have become unqualified due to not under this part shall certify as to the
having met within the required period proficiency and knowledge of the crew-
the—
member, flight instructor, or check
(i) Recurrent pilot testing require- airman concerned upon completion of
ments of § 135.293; that training or check. That certifi-
(ii) Instrument proficiency check re- cation shall be made a part of the crew-
quirements of § 135.297; or member’s record. When the certifi-
(iii) Line checks required by § 135.299. cation required by this paragraph is
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as made by an entry in a computerized
amended by Amdt. 121–250, 60 FR 65950, Dec. recordkeeping system, the certifying
20, 1995; Amdt. 135–63, 61 FR 34561, July 2, instructor, supervisor, or check air-
1996; Amdt. 135–91, 68 FR 54588, Sept. 17, 2003] man, must be identified with that
entry. However, the signature of the
§ 135.323 Training program: General. certifying instructor, supervisor, or
(a) Each certificate holder required check airman, is not required for com-
to have a training program under puterized entries.
§ 135.341 shall: (d) Training subjects that apply to
(1) Establish and implement a train- more than one aircraft or crewmember
ing program that satisfies the require- position and that have been satisfac-
ments of this subpart and that ensures torily completed during previous train-
that each crewmember, aircraft dis- ing while employed by the certificate
patcher, flight instructor and check holder for another aircraft or another
lpowell on DSK54DXVN1OFR with $$_JOB

airman is adequately trained to per- crewmember position, need not be re-


form his or her assigned duties. Prior peated during subsequent training
to implementation, the certificate other than recurrent training.

469

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§ 135.324 14 CFR Ch. I (1–1–16 Edition)

(e) Aircraft simulators and other tion of the proposed training program
training devices may be used in the or revision; and
certificate holder’s training program if (2) Additional relevant information
approved by the Administrator. that may be requested by the Adminis-
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as trator.
amended by Amdt. 135–101, 70 FR 58829, Oct. (b) If the proposed training program
7, 2005] or revision complies with this subpart,
the Administrator grants initial ap-
§ 135.324 Training program: Special
rules. proval in writing after which the cer-
tificate holder may conduct the train-
(a) Other than the certificate holder, ing under that program. The Adminis-
only another certificate holder certifi- trator then evaluates the effectiveness
cated under this part or a training cen- of the training program and advises the
ter certificated under part 142 of this
certificate holder of deficiencies, if
chapter is eligible under this subpart
any, that must be corrected.
to conduct training, testing, and
checking under contract or other ar- (c) The Administrator grants final
rangement to those persons subject to approval of the proposed training pro-
the requirements of this subpart. gram or revision if the certificate hold-
(b) A certificate holder may contract er shows that the training conducted
with, or otherwise arrange to use the under the initial approval in paragraph
services of, a training center certifi- (b) of this section ensures that each
cated under part 142 of this chapter to person who successfully completes the
conduct training, testing, and checking training is adequately trained to per-
required by this part only if the train- form that person’s assigned duties.
ing center— (d) Whenever the Administrator finds
(1) Holds applicable training speci- that revisions are necessary for the
fications issued under part 142 of this continued adequacy of a training pro-
chapter; gram that has been granted final ap-
(2) Has facilities, training equipment, proval, the certificate holder shall,
and courseware meeting the applicable after notification by the Adminis-
requirements of part 142 of this chap- trator, make any changes in the pro-
ter; gram that are found necessary by the
(3) Has approved curriculums, cur- Administrator. Within 30 days after the
riculum segments, and portions of cur- certificate holder receives the notice,
riculum segments applicable for use in it may file a petition to reconsider the
training courses required by this sub- notice with the Administrator. The fil-
part; and ing of a petition to reconsider stays the
(4) Has sufficient instructor and notice pending a decision by the Ad-
check airmen qualified under the appli- ministrator. However, if the Adminis-
cable requirements of §§ 135.337 through
trator finds that there is an emergency
135.340 to provide training, testing, and
that requires immediate action in the
checking to persons subject to the re-
interest of safety, the Administrator
quirements of this subpart.
may, upon a statement of the reasons,
[Doc. No. 26933, 61 FR 34562, July 2, 1996, as require a change effective without
amended by Amdt. 135–67, 62 FR 13791, Mar. stay.
21, 1997; Amdt. 135–91, 68 FR 54588, Sept. 17,
2003] § 135.327 Training program: Cur-
riculum.
§ 135.325 Training program and revi-
sion: Initial and final approval. (a) Each certificate holder must pre-
(a) To obtain initial and final ap- pare and keep current a written train-
proval of a training program, or a revi- ing program curriculum for each type
sion to an approved training program, of aircraft for each crewmember re-
each certificate holder must submit to quired for that type aircraft. The cur-
the Administrator— riculum must include ground and flight
lpowell on DSK54DXVN1OFR with $$_JOB

(1) An outline of the proposed or re- training required by this subpart.


vised curriculum, that provides enough (b) Each training program cur-
information for a preliminary evalua- riculum must include the following:

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Federal Aviation Administration, DOT § 135.330

(1) A list of principal ground training and flight training, instruction, and
subjects, including emergency training practice necessary to ensure that each
subjects, that are provided. crewmember—
(2) A list of all the training devices, (1) Remains adequately trained and
mockups, systems trainers, procedures currently proficient for each aircraft,
trainers, or other training aids that crewmember position, and type of oper-
the certificate holder will use. ation in which the crewmember serves;
(3) Detailed descriptions or pictorial and
displays of the approved normal, abnor- (2) Qualifies in new equipment, facili-
mal, and emergency maneuvers, proce- ties, procedures, and techniques, in-
dures and functions that will be per- cluding modifications to aircraft.
formed during each flight training [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
phase or flight check, indicating those amended by Amdt. 135–122, 76 FR 3837, Jan.
maneuvers, procedures and functions 21, 2011]
that are to be performed during the
inflight portions of flight training and § 135.330 Crew resource management
flight checks. training.
(a) Each certificate holder must have
§ 135.329 Crewmember training re- an approved crew resource manage-
quirements. ment training program that includes
(a) Each certificate holder must in- initial and recurrent training. The
clude in its training program the fol- training program must include at least
lowing initial and transition ground the following:
training as appropriate to the par- (1) Authority of the pilot in com-
ticular assignment of the crewmember: mand;
(1) Basic indoctrination ground train- (2) Communication processes, deci-
ing for newly hired crewmembers in- sions, and coordination, to include
cluding instruction in at least the— communication with Air Traffic Con-
(i) Duties and responsibilities of trol, personnel performing flight locat-
crewmembers as applicable; ing and other operational functions,
(ii) Appropriate provisions of this and passengers;
chapter; (3) Building and maintenance of a
(iii) Contents of the certificate hold- flight team;
er’s operating certificate and oper- (4) Workload and time management;
ations specifications (not required for (5) Situational awareness;
flight attendants); and (6) Effects of fatigue on performance,
(iv) Appropriate portions of the cer- avoidance strategies and counter-
tificate holder’s operating manual. measures;
(2) The initial and transition ground (7) Effects of stress and stress reduc-
training in §§ 135.345 and 135.349, as ap- tion strategies; and
plicable. (8) Aeronautical decision-making and
(3) Emergency training in § 135.331. judgment training tailored to the oper-
(4) Crew resource management train- ator’s flight operations and aviation
ing in § 135.330. environment.
(b) Each training program must pro- (b) After March 22, 2013, no certifi-
vide the initial and transition flight cate holder may use a person as a
training in § 135.347, as applicable. flightcrew member or flight attendant
(c) Each training program must pro- unless that person has completed ap-
vide recurrent ground and flight train- proved crew resource management ini-
ing in § 135.351. tial training with that certificate hold-
(d) Upgrade training in §§ 135.345 and er.
135.347 for a particular type aircraft (c) For flightcrew members and flight
may be included in the training pro- attendants, the Administrator, at his
gram for crewmembers who have quali- or her discretion, may credit crew re-
fied and served as second in command source management training com-
on that aircraft. pleted with that certificate holder be-
lpowell on DSK54DXVN1OFR with $$_JOB

(e) In addition to initial, transition, fore March 22, 2013, toward all or part
upgrade and recurrent training, each of the initial CRM training required by
training program must provide ground this section.

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§ 135.331 14 CFR Ch. I (1–1–16 Edition)

(d) In granting credit for initial CRM (1) Ditching, if applicable.


training, the Administrator considers (2) Emergency evacuation.
training aids, devices, methods and (3) Fire extinguishing and smoke con-
procedures used by the certificate hold- trol.
er in a voluntary CRM program in- (4) Operation and use of emergency
cluded in a training program required exits, including deployment and use of
by § 135.341, § 135.345, or § 135.349. evacuation chutes, if applicable.
[Doc. No. FAA–2009–0023, 76 FR 3837, Jan. 21,
(5) Use of crew and passenger oxygen.
2011] (6) Removal of life rafts from the air-
craft, inflation of the life rafts, use of
§ 135.331 Crewmember emergency life lines, and boarding of passengers
training. and crew, if applicable.
(a) Each training program must pro- (7) Donning and inflation of life vests
vide emergency training under this sec- and the use of other individual flota-
tion for each aircraft type, model, and tion devices, if applicable.
configuration, each crewmember, and (d) Crewmembers who serve in oper-
each kind of operation conducted, as ations above 25,000 feet must receive
appropriate for each crewmember and instruction in the following:
the certificate holder. (1) Respiration.
(b) Emergency training must provide (2) Hypoxia.
the following: (3) Duration of consciousness without
(1) Instruction in emergency assign- supplemental oxygen at altitude.
ments and procedures, including co- (4) Gas expansion.
ordination among crewmembers. (5) Gas bubble formation.
(2) Individual instruction in the loca- (6) Physical phenomena and incidents
tion, function, and operation of emer- of decompression.
gency equipment including—
(i) Equipment used in ditching and § 135.335 Approval of aircraft simula-
tors and other training devices.
evacuation;
(ii) First aid equipment and its prop- (a) Training courses using aircraft
er use; and simulators and other training devices
(iii) Portable fire extinguishers, with may be included in the certificate hold-
emphasis on the type of extinguisher to er’s training program if approved by
be used on different classes of fires. the Administrator.
(3) Instruction in the handling of (b) Each aircraft simulator and other
emergency situations including— training device that is used in a train-
(i) Rapid decompression; ing course or in checks required under
(ii) Fire in flight or on the surface this subpart must meet the following
and smoke control procedures with em- requirements:
phasis on electrical equipment and re- (1) It must be specifically approved
lated circuit breakers found in cabin for—
areas; (i) The certificate holder; and
(iii) Ditching and evacuation; (ii) The particular maneuver, proce-
(iv) Illness, injury, or other abnormal dure, or crewmember function in-
situations involving passengers or volved.
crewmembers; and (2) It must maintain the perform-
(v) Hijacking and other unusual situ- ance, functional, and other character-
ations. istics that are required for approval.
(4) Review of the certificate holder’s (3) Additionally, for aircraft simula-
previous aircraft accidents and inci- tors, it must be—
dents involving actual emergency situ- (i) Approved for the type aircraft
ations. and, if applicable, the particular vari-
(c) Each crewmember must perform ation within type for which the train-
at least the following emergency drills, ing or check is being conducted; and
using the proper emergency equipment (ii) Modified to conform with any
and procedures, unless the Adminis- modification to the aircraft being sim-
lpowell on DSK54DXVN1OFR with $$_JOB

trator finds that, for a particular drill, ulated that changes the performance,
the crewmember can be adequately functional, or other characteristics re-
trained by demonstration: quired for approval.

472

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Federal Aviation Administration, DOT § 135.337

(c) A particular aircraft simulator or (i) Proper operation of flight simu-


other training device may be used by lator and flight training device con-
more than one certificate holder. trols and systems;
(d) In granting initial and final ap- (ii) Proper operation of environ-
proval of training programs or revi- mental and fault panels;
sions to them, the Administrator con- (iii) Data and motion limitations of
siders the training devices, methods simulation;
and procedures listed in the certificate (iv) Minimum equipment require-
holder’s curriculum under § 135.327. ments for each curriculum; and
(v) The maneuvers that will be dem-
[Doc. No. 16907, 43 FR 46783, Oct. 10, 1978, as onstrated in the flight simulation
amended by Amdt. 135–1, 44 FR 26738, May 7,
1979]
training device.
(c) A certificate holder may not issue
§ 135.336 Airline transport pilot certifi- a graduation certificate to a student
cation training program. unless that student has completed all
the curriculum requirements of the
(a) A certificate holder may obtain course.
approval to establish and implement a (d) A certificate holder must conduct
training program to satisfy the re- evaluations to ensure that training
quirements of § 61.156 of this chapter. techniques, procedures, and standards
The training program must be separate are acceptable to the Administrator.
from the air carrier training program
required by this part. [Doc. No. FAA–2010–0100, 78 FR 42379, July 15,
(b) No certificate holder may use a 2013]
person nor may any person serve as an
§ 135.337 Qualifications: Check airmen
instructor in a training program ap- (aircraft) and check airmen (simu-
proved to meet the requirements of lator).
§ 61.156 of this chapter unless the in-
structor: (a) For the purposes of this section
and § 135.339:
(1) Holds an airline transport pilot
(1) A check airman (aircraft) is a per-
certificate with an airplane category
son who is qualified to conduct flight
multiengine class rating;
checks in an aircraft, in a flight simu-
(2) Has at least 2 years of experience lator, or in a flight training device for
as a pilot in command in operations a particular type aircraft.
conducted under § 91.1053(a)(2)(i) of this (2) A check airman (simulator) is a
chapter, § 135.243(a)(1) of this part, or as person who is qualified to conduct
a pilot in command or second in com- flight checks, but only in a flight simu-
mand in any operation conducted lator, in a flight training device, or
under part 121 of this chapter; both, for a particular type aircraft.
(3) Except for the holder of a flight (3) Check airmen (aircraft) and check
instructor certificate, receives initial airmen (simulator) are those check air-
training on the following topics: men who perform the functions de-
(i) The fundamental principles of the scribed in §§ 135.321 (a) and 135.323(a)(4)
learning process; and (c).
(ii) Elements of effective teaching, (b) No certificate holder may use a
instruction methods, and techniques; person, nor may any person serve as a
(iii) Instructor duties, privileges, re- check airman (aircraft) in a training
sponsibilities, and limitations; program established under this subpart
(iv) Training policies and procedures; unless, with respect to the aircraft
and type involved, that person—
(v) Evaluation. (1) Holds the airman certificates and
(4) If providing training in a flight ratings required to serve as a pilot in
simulation training device, holds an command in operations under this
aircraft type rating for the aircraft part;
represented by the flight simulation (2) Has satisfactorily completed the
training device utilized in the training training phases for the aircraft, includ-
lpowell on DSK54DXVN1OFR with $$_JOB

program and have received training ing recurrent training, that are re-
and evaluation within the preceding 12 quired to serve as a pilot in command
months from the certificate holder on: in operations under this part;

473

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§ 135.338 14 CFR Ch. I (1–1–16 Edition)

(3) Has satisfactorily completed the (f) A check airman (simulator) must
proficiency or competency checks that accomplish the following—
are required to serve as a pilot in com- (1) Fly at least two flight segments
mand in operations under this part; as a required crewmember for the type,
(4) Has satisfactorily completed the class, or category aircraft involved
applicable training requirements of within the 12-month preceding the per-
§ 135.339; formance of any check airman duty in
(5) Holds at least a Class III medical a flight simulator; or
certificate unless serving as a required (2) Satisfactorily complete an ap-
crewmember, in which case holds a proved line-observation program with-
Class I or Class II medical certificate in the period prescribed by that pro-
as appropriate. gram and that must precede the per-
(6) Has satisfied the recency of expe- formance of any check airman duty in
rience requirements of § 135.247; and a flight simulator.
(g) The flight segments or line-obser-
(7) Has been approved by the Admin-
vation program required in paragraph
istrator for the check airman duties in-
(f) of this section are considered to be
volved.
completed in the month required if
(c) No certificate holder may use a completed in the calendar month be-
person, nor may any person serve as a fore or the calendar month after the
check airman (simulator) in a training month in which they are due.
program established under this subpart
unless, with respect to the aircraft [Doc. No. 28471, 61 FR 30744, June 17, 1996]
type involved, that person meets the
provisions of paragraph (b) of this sec- § 135.338 Qualifications: Flight instruc-
tors (aircraft) and flight instructors
tion, or— (simulator).
(1) Holds the applicable airman cer-
tificates and ratings, except medical (a) For the purposes of this section
certificate, required to serve as a pilot and § 135.340:
in command in operations under this (1) A flight instructor (aircraft) is a
part; person who is qualified to instruct in
an aircraft, in a flight simulator, or in
(2) Has satisfactorily completed the
a flight training device for a particular
appropriate training phases for the air-
type, class, or category aircraft.
craft, including recurrent training,
(2) A flight instructor (simulator) is a
that are required to serve as a pilot in
person who is qualified to instruct in a
command in operations under this
flight simulator, in a flight training
part;
device, or in both, for a particular
(3) Has satisfactorily completed the type, class, or category aircraft.
appropriate proficiency or competency (3) Flight instructors (aircraft) and
checks that are required to serve as a flight instructors (simulator) are those
pilot in command in operations under instructors who perform the functions
this part; described in § 135.321(a) and 135.323 (a)(4)
(4) Has satisfactorily completed the and (c).
applicable training requirements of (b) No certificate holder may use a
§ 135.339; and person, nor may any person serve as a
(5) Has been approved by the Admin- flight instructor (aircraft) in a training
istrator for the check airman (simu- program established under this subpart
lator) duties involved. unless, with respect to the type, class,
(d) Completion of the requirements or category aircraft involved, that per-
in paragraphs (b) (2), (3), and (4) or (c) son—
(2), (3), and (4) of this section, as appli- (1) Holds the airman certificates and
cable, shall be entered in the individ- ratings required to serve as a pilot in
ual’s training record maintained by the command in operations under this
certificate holder. part;
(e) Check airmen who do not hold an (2) Has satisfactorily completed the
appropriate medical certificate may training phases for the aircraft, includ-
lpowell on DSK54DXVN1OFR with $$_JOB

function as check airmen (simulator), ing recurrent training, that are re-
but may not serve as flightcrew mem- quired to serve as a pilot in command
bers in operations under this part. in operations under this part;

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Federal Aviation Administration, DOT § 135.339

(3) Has satisfactorily completed the the performance of any flight instruc-
proficiency or competency checks that tor duty in a flight simulator; or
are required to serve as a pilot in com- (2) Satisfactorily complete an ap-
mand in operations under this part; proved line-observation program with-
(4) Has satisfactorily completed the in the period prescribed by that pro-
applicable training requirements of gram preceding the performance of any
§ 135.340; flight instructor duty in a flight simu-
(5) Holds at least a Class III medical lator.
certificate; and (g) The flight segments or line-obser-
(6) Has satisfied the recency of expe- vation program required in paragraph
rience requirements of § 135.247. (f) of this section are considered com-
(c) No certificate holder may use a pleted in the month required if com-
person, nor may any person serve as a pleted in the calendar month before, or
flight instructor (simulator) in a train- in the calendar month after, the month
ing program established under this sub- in which they are due.
part, unless, with respect to the type, [Doc. No. 28471, 61 FR 30744, June 17, 1996; 62
class, or category aircraft involved, FR 3739, Jan. 24, 1997, as amended by Amdt.
that person meets the provisions of 135–125, 76 FR 35104, June 16, 2011]
paragraph (b) of this section, or—
§ 135.339 Initial and transition train-
(1) Holds the airman certificates and ing and checking: Check airmen
ratings, except medical certificate, re- (aircraft), check airmen (simulator).
quired to serve as a pilot in command
in operations under this part except be- (a) No certificate holder may use a
fore March 19, 1997 that person need not person nor may any person serve as a
hold a type rating for the type, class, check airman unless—
or category of aircraft involved. (1) That person has satisfactorily
completed initial or transition check
(2) Has satisfactorily completed the
airman training; and
appropriate training phases for the air-
(2) Within the preceding 24 calendar
craft, including recurrent training,
months, that person satisfactorily con-
that are required to serve as a pilot in
ducts a proficiency or competency
command in operations under this
check under the observation of an FAA
part;
inspector or an aircrew designated ex-
(3) Has satisfactorily completed the aminer employed by the operator. The
appropriate proficiency or competency observation check may be accom-
checks that are required to serve as a plished in part or in full in an aircraft,
pilot in command in operations under in a flight simulator, or in a flight
this part; and training device. This paragraph applies
(4) Has satisfactorily completed the after March 19, 1997.
applicable training requirements of (b) The observation check required
§ 135.340. by paragraph (a)(2) of this section is
(d) Completion of the requirements considered to have been completed in
in paragraphs (b) (2), (3), and (4) or (c) the month required if completed in the
(2), (3), and (4) of this section, as appli- calendar month before or the calendar
cable, shall be entered in the individ- month after the month in which it is
ual’s training record maintained by the due.
certificate holder. (c) The initial ground training for
(e) An airman who does not hold a check airmen must include the fol-
medical certificate may function as a lowing:
flight instructor in an aircraft if func- (1) Check airman duties, functions,
tioning as a non-required crewmember, and responsibilities.
but may not serve as a flightcrew (2) The applicable Code of Federal
member in operations under this part. Regulations and the certificate hold-
(f) A flight instructor (simulator) er’s policies and procedures.
must accomplish the following— (3) The applicable methods, proce-
(1) Fly at least two flight segments dures, and techniques for conducting
lpowell on DSK54DXVN1OFR with $$_JOB

as a required crewmember for the type, the required checks.


class, or category aircraft involved (4) Proper evaluation of student per-
within the 12-month period preceding formance including the detection of—

475

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§ 135.340 14 CFR Ch. I (1–1–16 Edition)

(i) Improper and insufficient train- both, to ensure competence to conduct


ing; and the flight checks required by this part.
(ii) Personal characteristics of an ap- [Doc. No. 28471, 61 FR 30745, June 17, 1996; 62
plicant that could adversely affect FR 3739, Jan. 24, 1997]
safety.
(5) The corrective action in the case § 135.340 Initial and transition train-
of unsatisfactory checks. ing and checking: Flight instructors
(aircraft), flight instructors (simu-
(6) The approved methods, proce- lator).
dures, and limitations for performing
the required normal, abnormal, and (a) No certificate holder may use a
emergency procedures in the aircraft. person nor may any person serve as a
(d) The transition ground training for flight instructor unless—
(1) That person has satisfactorily
check airmen must include the ap-
completed initial or transition flight
proved methods, procedures, and limi-
instructor training; and
tations for performing the required
(2) Within the preceding 24 calendar
normal, abnormal, and emergency pro-
months, that person satisfactorily con-
cedures applicable to the aircraft to ducts instruction under the observa-
which the check airman is in transi- tion of an FAA inspector, an operator
tion. check airman, or an aircrew designated
(e) The initial and transition flight examiner employed by the operator.
training for check airmen (aircraft) The observation check may be accom-
must include the following— plished in part or in full in an aircraft,
(1) The safety measures for emer- in a flight simulator, or in a flight
gency situations that are likely to de- training device. This paragraph applies
velop during a check; after March 19, 1997.
(2) The potential results of improper, (b) The observation check required
untimely, or nonexecution of safety by paragraph (a)(2) of this section is
measures during a check; considered to have been completed in
(3) Training and practice in con- the month required if completed in the
ducting flight checks from the left and calendar month before, or the calendar
right pilot seats in the required nor- month after, the month in which it is
mal, abnormal, and emergency proce- due.
dures to ensure competence to conduct (c) The initial ground training for
the pilot flight checks required by this flight instructors must include the fol-
part; and lowing:
(4) The safety measures to be taken (1) Flight instructor duties, func-
from either pilot seat for emergency tions, and responsibilities.
situations that are likely to develop (2) The applicable Code of Federal
during checking. Regulations and the certificate hold-
er’s policies and procedures.
(f) The requirements of paragraph (e)
(3) The applicable methods, proce-
of this section may be accomplished in
dures, and techniques for conducting
full or in part in flight, in a flight sim- flight instruction.
ulator, or in a flight training device, as (4) Proper evaluation of student per-
appropriate. formance including the detection of—
(g) The initial and transition flight (i) Improper and insufficient train-
training for check airmen (simulator) ing; and
must include the following: (ii) Personal characteristics of an ap-
(1) Training and practice in con- plicant that could adversely affect
ducting flight checks in the required safety.
normal, abnormal, and emergency pro- (5) The corrective action in the case
cedures to ensure competence to con- of unsatisfactory training progress.
duct the flight checks required by this (6) The approved methods, proce-
part. This training and practice must dures, and limitations for performing
be accomplished in a flight simulator the required normal, abnormal, and
lpowell on DSK54DXVN1OFR with $$_JOB

or in a flight training device. emergency procedures in the aircraft.


(2) Training in the operation of flight (7) Except for holders of a flight in-
simulators, flight training devices, or structor certificate—

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Federal Aviation Administration, DOT § 135.341

(i) The fundamental principles of the § 135.341 Pilot and flight attendant
teaching-learning process; crewmember training programs.
(ii) Teaching methods and proce- (a) Each certificate holder, other
dures; and than one who uses only one pilot in the
(iii) The instructor-student relation- certificate holder’s operations, shall
ship. establish and maintain an approved
(d) The transition ground training for pilot training program, and each cer-
flight instructors must include the ap- tificate holder who uses a flight at-
proved methods, procedures, and limi- tendant crewmember shall establish
tations for performing the required and maintain an approved flight at-
normal, abnormal, and emergency pro- tendant training program, that is ap-
cedures applicable to the type, class, or propriate to the operations to which
category aircraft to which the flight each pilot and flight attend- ant is to
instructor is in transition.
be assigned, and will ensure that they
(e) The initial and transition flight are adequately trained to meet the ap-
training for flight instructors (aircraft)
plicable knowledge and practical test-
must include the following—
ing requirements of §§ 135.293 through
(1) The safety measures for emer- 135.301. However, the Administrator
gency situations that are likely to de- may authorize a deviation from this
velop during instruction;
section if the Administrator finds that,
(2) The potential results of improper because of the limited size and scope of
or untimely safety measures during in-
the operation, safety will allow a devi-
struction;
ation from these requirements. This
(3) Training and practice from the
deviation authority does not extend to
left and right pilot seats in the re-
the training provided under § 135.336.
quired normal, abnormal, and emer-
gency maneuvers to ensure competence (b) Each certificate holder required
to conduct the flight instruction re- to have a training program by para-
quired by this part; and graph (a) of this section shall include
(4) The safety measures to be taken in that program ground and flight
from either the left or right pilot seat training curriculums for—
for emergency situations that are like- (1) Initial training;
ly to develop during instruction. (2) Transition training;
(f) The requirements of paragraph (e) (3) Upgrade training;
of this section may be accomplished in (4) Differences training; and
full or in part in flight, in a flight sim- (5) Recurrent training.
ulator, or in a flight training device, as (c) Each certificate holder required
appropriate. to have a training program by para-
(g) The initial and transition flight graph (a) of this section shall provide
training for a flight instructor (simu- current and appropriate study mate-
lator) must include the following: rials for use by each required pilot and
(1) Training and practice in the re- flight attendant.
quired normal, abnormal, and emer- (d) The certificate holder shall fur-
gency procedures to ensure competence nish copies of the pilot and flight at-
to conduct the flight instruction re- tendant crewmember training program,
quired by this part. These maneuvers and all changes and additions, to the
and procedures must be accomplished assigned representative of the Admin-
in full or in part in a flight simulator istrator. If the certificate holder uses
or in a flight training device. training facilities of other persons, a
(2) Training in the operation of flight copy of those training programs or ap-
simulators, flight training devices, or propriate portions used for those facili-
both, to ensure competence to conduct ties shall also be furnished. Curricula
the flight instruction required by this that follow FAA published curricula
part. may be cited by reference in the copy
lpowell on DSK54DXVN1OFR with $$_JOB

[Doc. No. 28471, 61 FR 30745, June 17, 1996; 61 of the training program furnished to
FR 34927, July 3, 1996; 62 FR 3739, Jan. 24,
1997]

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§ 135.343 14 CFR Ch. I (1–1–16 Edition)

the representative of the Adminis- operations wholly within the state of


trator and need not be furnished with Alaska) in the North Polar area; and
the program. (10) Other instructions necessary to
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as ensure the pilot’s competence.
amended by Amdt. 135–18, 47 FR 33396, Aug. 2, (b) For each aircraft type—
1982; Amdt. 135–127, 78 FR 42379, July 15, 2013; (1) A general description;
Amdt. 135–127A, 78 FR 77574, Dec. 24, 2013] (2) Performance characteristics;
(3) Engines and propellers;
§ 135.343 Crewmember initial and re-
current training requirements. (4) Major components;
(5) Major aircraft systems (i.e., flight
No certificate holder may use a per- controls, electrical, and hydraulic),
son, nor may any person serve, as a other systems, as appropriate, prin-
crewmember in operations under this ciples of normal, abnormal, and emer-
part unless that crewmember has com- gency operations, appropriate proce-
pleted the appropriate initial or recur- dures and limitations;
rent training phase of the training pro- (6) Knowledge and procedures for—
gram appropriate to the type of oper-
(i) Recognizing and avoiding severe
ation in which the crewmember is to
weather situations;
serve since the beginning of the 12th
(ii) Escaping from severe weather sit-
calendar month before that service.
uations, in case of inadvertent encoun-
This section does not apply to a certifi-
ters, including low-altitude windshear
cate holder that uses only one pilot in
(except that rotorcraft pilots are not
the certificate holder’s operations.
required to be trained in escaping from
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as low-altitude windshear);
amended by Amdt. 135–18, 47 FR 33396, Aug. 2, (iii) Operating in or near thunder-
1982] storms (including best penetrating al-
§ 135.345 Pilots: Initial, transition, and titudes), turbulent air (including clear
upgrade ground training. air turbulence), icing, hail, and other
potentially hazardous meteorological
Initial, transition, and upgrade conditions; and
ground training for pilots must include
(iv) Operating airplanes during
instruction in at least the following, as
ground icing conditions, (i.e., any time
applicable to their duties:
conditions are such that frost, ice, or
(a) General subjects—
snow may reasonably be expected to
(1) The certificate holder’s flight lo-
adhere to the airplane), if the certifi-
cating procedures;
cate holder expects to authorize take-
(2) Principles and methods for deter-
offs in ground icing conditions, includ-
mining weight and balance, and run-
ing:
way limitations for takeoff and land-
(A) The use of holdover times when
ing;
(3) Enough meteorology to ensure a using deicing/anti-icing fluids;
practical knowledge of weather phe- (B) Airplane deicing/anti-icing proce-
nomena, including the principles of dures, including inspection and check
frontal systems, icing, fog, thunder- procedures and responsibilities;
storms, windshear and, if appropriate, (C) Communications;
high altitude weather situations; (D) Airplane surface contamination
(4) Air traffic control systems, proce- (i.e., adherence of frost, ice, or snow)
dures, and phraseology; and critical area identification, and
(5) Navigation and the use of naviga- knowledge of how contamination ad-
tional aids, including instrument ap- versely affects airplane performance
proach procedures; and flight characteristics;
(6) Normal and emergency commu- (E) Types and characteristics of deic-
nication procedures; ing/anti-icing fluids, if used by the cer-
(7) Visual cues before and during de- tificate holder;
scent below DA/DH or MDA; (F) Cold weather preflight inspection
(8) ETOPS, if applicable; procedures;
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(9) After August 13, 2008, passenger (G) Techniques for recognizing con-
recovery plan for any passenger-car- tamination on the airplane;
rying operation (other than intrastate (7) Operating limitations;

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Federal Aviation Administration, DOT § 135.351

(8) Fuel consumption and cruise con- (2) Passenger handling, including pro-
trol; cedures to be followed in handling de-
(9) Flight planning; ranged persons or other persons whose
(10) Each normal and emergency pro- conduct might jeopardize safety.
cedure; and (b) For each aircraft type—
(11) The approved Aircraft Flight (1) A general description of the air-
Manual, or equivalent. craft emphasizing physical characteris-
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as tics that may have a bearing on ditch-
amended by Amdt. 135–27, 53 FR 37697, Sept. ing, evacuation, and inflight emer-
27, 1988; Amdt. 135–46, 58 FR 69630, Dec. 30, gency procedures and on other related
1993; Amdt. 135–108, 72 FR 1885, Jan. 16, 2007; duties;
Amdt. 135–110, 72 FR 31685, June 7, 2007; (2) The use of both the public address
Amdt. 135–112, 73 FR 8798, Feb. 15, 2008] system and the means of commu-
nicating with other flight crew-
§ 135.347 Pilots: Initial, transition, up-
grade, and differences flight train- members, including emergency means
ing. in the case of attempted hijacking or
other unusual situations; and
(a) Initial, transition, upgrade, and (3) Proper use of electrical galley
differences training for pilots must in- equipment and the controls for cabin
clude flight and practice in each of the heat and ventilation.
maneuvers and procedures in the ap-
proved training program curriculum. § 135.351 Recurrent training.
(b) The maneuvers and procedures re-
quired by paragraph (a) of this section (a) Each certificate holder must en-
must be performed in flight, except to sure that each crewmember receives
the extent that certain maneuvers and recurrent training and is adequately
procedures may be performed in an air- trained and currently proficient for the
craft simulator, or an appropriate type aircraft and crewmember position
training device, as allowed by this sub- involved.
part. (b) Recurrent ground training for
(c) If the certificate holder’s ap- crewmembers must include at least the
proved training program includes a following:
course of training using an aircraft (1) A quiz or other review to deter-
simulator or other training device, mine the crewmember’s knowledge of
each pilot must successfully com- the aircraft and crewmember position
plete— involved.
(1) Training and practice in the simu- (2) Instruction as necessary in the
lator or training device in at least the subjects required for initial ground
maneuvers and procedures in this sub- training by this subpart, as appro-
part that are capable of being per- priate, including low-altitude
formed in the aircraft simulator or windshear training and training on op-
training device; and erating during ground icing conditions
(2) A flight check in the aircraft or a as prescribed in § 135.341 and described
check in the simulator or training de- in § 135.345, crew resource management
vice to the level of proficiency of a training as prescribed in § 135.330, and
pilot in command or second in com- emergency training as prescribed in
mand, as applicable, in at least the ma- § 135.331.
neuvers and procedures that are capa- (c) Recurrent flight training for pi-
ble of being performed in an aircraft lots must include, at least, flight train-
simulator or training device. ing in the maneuvers or procedures in
this subpart, except that satisfactory
§ 135.349 Flight attendants: Initial and completion of the check required by
transition ground training. § 135.293 within the preceding 12 cal-
Initial and transition ground train- endar months may be substituted for
ing for flight attendants must include recurrent flight training.
instruction in at least the following— [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
lpowell on DSK54DXVN1OFR with $$_JOB

(a) General subjects— amended by Amdt. 135–27, 53 FR 37698, Sept.


(1) The authority of the pilot in com- 27, 1988; Amdt. 135–46, 58 FR 69630, Dec. 30,
mand; and 1993; Amdt. 135–122, 76 FR 3837, Jan. 21, 2011]

479

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§ 135.353 14 CFR Ch. I (1–1–16 Edition)

§ 135.353 [Reserved] transport category airplane shall com-


ply with §§ 135.365 through 135.377.
Subpart I—Airplane Performance (b) Each certificate holder operating
Operating Limitations a turbine engine powered large trans-
port category airplane shall comply
§ 135.361 Applicability. with §§ 135.379 through 135.387, except
(a) This subpart prescribes airplane that when it operates a turbopropeller-
performance operating limitations ap- powered large transport category air-
plicable to the operation of the cat- plane certificated after August 29, 1959,
egories of airplanes listed in § 135.363 but previously type certificated with
when operated under this part. the same number of reciprocating en-
(b) For the purpose of this subpart, gines, it may comply with §§ 135.365
effective length of the runway, for land- through 135.377.
ing means the distance from the point (c) Each certificate holder operating
at which the obstruction clearance a large nontransport category airplane
plane associated with the approach end shall comply with §§ 135.389 through
of the runway intersects the centerline 135.395 and any determination of com-
of the runway to the far end of the run- pliance must be based only on approved
way. performance data. For the purpose of
(c) For the purpose of this subpart, this subpart, a large nontrans- port
obstruction clearance plane means a category airplane is an airplane that
plane sloping upward from the runway was type certificated before July 1,
at a slope of 1:20 to the horizontal, and 1942.
tangent to or clearing all obstructions (d) Each certificate holder operating
within a specified area surrounding the a small transport category airplane
runway as shown in a profile view of shall comply with § 135.397.
that area. In the plan view, the center- (e) Each certificate holder operating
line of the specified area coincides with a small nontransport category airplane
the centerline of the runway, beginning shall comply with § 135.399.
at the point where the obstruction
(f) The performance data in the Air-
clearance plane intersects the center-
plane Flight Manual applies in deter-
line of the runway and proceeding to a
point at least 1,500 feet from the begin- mining compliance with §§ 135.365
ning point. After that the centerline through 135.387. Where conditions are
coincides with the takeoff path over different from those on which the per-
the ground for the runway (in the case formance data is based, compliance is
of takeoffs) or with the instrument ap- determined by interpolation or by com-
proach counterpart (for landings), or, puting the effects of change in the spe-
where the applicable one of these paths cific variables, if the results of the in-
has not been established, it proceeds terpolation or computations are sub-
consistent with turns of at least 4,000- stantially as accurate as the results of
foot radius until a point is reached be- direct tests.
yond which the obstruction clearance (g) No person may take off a recipro-
plane clears all obstructions. This area cating engine powered large transport
extends laterally 200 feet on each side category airplane at a weight that is
of the centerline at the point where the more than the allowable weight for the
obstruction clearance plane intersects runway being used (determined under
the runway and continues at this width the runway takeoff limitations of the
to the end of the runway; then it in- transport category operating rules of
creases uniformly to 500 feet on each this subpart) after taking into account
side of the centerline at a point 1,500 the temperature operating correction
feet from the intersection of the ob- factors in section 4a.749a-T or section
struction clearance plane with the run- 4b.117 of the Civil Air Regulations in
way; after that it extends laterally 500 effect on January 31, 1965, and in the
feet on each side of the centerline. applicable Airplane Flight Manual.
(h) The Administrator may author-
lpowell on DSK54DXVN1OFR with $$_JOB

§ 135.363 General. ize in the operations specifications de-


(a) Each certificate holder operating viations from this subpart if special
a reciprocating engine powered large circumstances make a literal observ-

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Federal Aviation Administration, DOT § 135.369

ance of a requirement unnecessary for (d) No person may take off a recipro-
safety. cating engine powered large transport
(i) The 10-mile width specified in category airplane at a weight more
§§ 135.369 through 135.373 may be re- than the maximum authorized takeoff
duced to 5 miles, for not more than 20 weight for the elevation of the airport.
miles, when operating under VFR or (e) No person may take off a recipro-
where navigation facilities furnish reli- cating engine powered large transport
able and accurate identification of high category airplane if its weight on ar-
ground and obstructions located out- rival at the airport of destination will
side of 5 miles, but within 10 miles, on be more than the maximum authorized
each side of the intended track. landing weight for the elevation of that
(j) Each certificate holder operating airport, allowing for normal consump-
a commuter category airplane shall tion of fuel and oil en route.
comply with § 135.398.
§ 135.367 Large transport category air-
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as planes: Reciprocating engine pow-
amended by Amdt. 135–21, 52 FR 1836, Jan. 15, ered: Takeoff limitations.
1987]
(a) No person operating a recipro-
§ 135.364 Maximum flying time outside cating engine powered large transport
the United States. category airplane may take off that
After August 13, 2008, no certificate airplane unless it is possible—
holder may operate an airplane, other (1) To stop the airplane safely on the
than an all-cargo airplane with more runway, as shown by the accelerate-
than two engines, on a planned route stop distance data, at any time during
that exceeds 180 minutes flying time takeoff until reaching critical-engine
(at the one-engine-inoperative cruise failure speed;
speed under standard conditions in still (2) If the critical engine fails at any
air) from an Adequate Airport outside time after the airplane reaches crit-
the continental United States unless ical-engine failure speed V1, to con-
the operation is approved by the FAA tinue the takeoff and reach a height of
in accordance with Appendix G of this 50 feet, as indicated by the takeoff path
part, Extended Operations (ETOPS). data, before passing over the end of the
runway; and
[Doc. No. FAA–1999–6717, 73 FR 8798, Feb. 15, (3) To clear all obstacles either by at
2008] least 50 feet vertically (as shown by the
takeoff path data) or 200 feet hori-
§ 135.365 Large transport category air-
planes: Reciprocating engine pow- zontally within the airport boundaries
ered: Weight limitations. and 300 feet horizontally beyond the
boundaries, without banking before
(a) No person may take off a recipro- reaching a height of 50 feet (as shown
cating engine powered large transport by the takeoff path data) and after
category airplane from an airport lo- that without banking more than 15 de-
cated at an elevation outside of the grees.
range for which maximum takeoff (b) In applying this section, correc-
weights have been determined for that tions must be made for any runway
airplane. gradient. To allow for wind effect,
(b) No person may take off a recipro- takeoff data based on still air may be
cating engine powered large transport corrected by taking into account not
category airplane for an airport of in- more than 50 percent of any reported
tended destination that is located at an headwind component and not less than
elevation outside of the range for 150 percent of any reported tailwind
which maximum landing weights have component.
been determined for that airplane.
(c) No person may specify, or have § 135.369 Large transport category air-
specified, an alternate airport that is planes: Reciprocating engine pow-
located at an elevation outside of the ered: En route limitations: All en-
range for which maximum landing gines operating.
lpowell on DSK54DXVN1OFR with $$_JOB

weights have been determined for the (a) No person operating a recipro-
reciprocating engine powered large cating engine powered large transport
transport category airplane concerned. category airplane may take off that

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§ 135.371 14 CFR Ch. I (1–1–16 Edition)

airplane at a weight, allowing for nor- (1) The rate of climb (as prescribed in
mal consumption of fuel and oil, that the Airplane Flight Manual for the ap-
does not allow a rate of climb (in feet propriate weight and altitude) used in
per minute), with all engines oper- calculating the airplane’s flight path
ating, of at least 6.90 Vso (that is, the shall be diminished by an amount in
number of feet per minute obtained by feet per minute, equal to (0.079¥0.106/
multiplying the number of knots by N) Vso2 (when N is the number of en-
6.90) at an altitude of a least 1,000 feet gines installed and Vso is expressed in
above the highest ground or obstruc- knots) for airplanes certificated under
tion within ten miles of each side of part 25 of this chapter and by 0.026 Vso2
the intended track. for airplanes certificated under part 4a
(b) This section does not apply to of the Civil Air Regulations.
large transport category airplanes cer- (2) The all-engines-operating altitude
tificated under part 4a of the Civil Air shall be sufficient so that in the event
Regulations. the critical engine becomes inoperative
at any point along the route, the flight
§ 135.371 Large transport category air-
planes: Reciprocating engine pow- will be able to proceed to a predeter-
ered: En route limitations: One en- mined alternate airport by use of this
gine inoperative. procedure. In determining the takeoff
weight, the airplane is assumed to pass
(a) Except as provided in paragraph
over the critical obstruction following
(b) of this section, no person operating
engine failure at a point no closer to
a reciprocating engine powered large
transport category airplane may take the critical obstruction than the near-
off that airplane at a weight, allowing est approved navigational fix, unless
for normal consumption of fuel and oil, the Administrator approves a proce-
that does not allow a rate of climb (in dure established on a different basis
feet per minute), with one engine inop- upon finding that adequate operational
erative, of at least (0.079¥0.106/N) Vso2 safeguards exist.
(where N is the number of engines in- (3) The airplane must meet the provi-
stalled and Vso is expressed in knots) sions of paragraph (a) of this section at
at an altitude of least 1,000 feet above 1,000 feet above the airport used as an
the highest ground or obstruction alternate in this procedure.
within 10 miles of each side of the in- (4) The procedure must include an ap-
tended track. However, for the pur- proved method of accounting for winds
poses of this paragraph the rate of and temperatures that would otherwise
climb for transport category airplanes adversely affect the flight path.
certificated under part 4a of the Civil (5) In complying with this procedure,
Air Regulations is 0.026 Vso2. fuel jettisoning is allowed if the certifi-
(b) In place of the requirements of cate holder shows that it has an ade-
paragraph (a) of this section, a person quate training program, that proper in-
may, under an approved procedure, op- structions are given to the flight crew,
erate a reciprocating engine powered and all other precautions are taken to
large transport category airplane at an ensure a safe procedure.
all-engines-operating altitude that al- (6) The certificate holder and the
lows the airplane to continue, after an pilot in command shall jointly elect an
engine failure, to an alternate airport alternate airport for which the appro-
where a landing can be made under
priate weather reports or forecasts, or
§ 135.377, allowing for normal consump-
any combination of them, indicate that
tion of fuel and oil. After the assumed
weather conditions will be at or above
failure, the flight path must clear the
the alternate weather minimum speci-
ground and any obstruction within five
miles on each side of the intended fied in the certificate holder’s oper-
track by at least 2,000 feet. ations specifications for that airport
(c) If an approved procedure under when the flight arrives.
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paragraph (b) of this section is used, [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
the certificate holder shall comply amended by Amdt. 135–110, 72 FR 31685, June
with the following: 7, 2007]

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Federal Aviation Administration, DOT § 135.377

§ 135.373 Part 25 transport category § 135.375 Large transport category air-


airplanes with four or more en- planes: Reciprocating engine pow-
gines: Reciprocating engine pow- ered: Landing limitations: Destina-
ered: En route limitations: Two en- tion airports.
gines inoperative.
(a) Except as provided in paragraph
(a) No person may operate an air- (b) of this section, no person operating
plane certificated under part 25 and a reciprocating engine powered large
having four or more engines unless— transport category airplane may take
(1) There is no place along the in- off that airplane, unless its weight on
tended track that is more than 90 min- arrival, allowing for normal consump-
utes (with all engines operating at tion of fuel and oil in flight, would
cruising power) from an airport that allow a full stop landing at the in-
meets § 135.377; or tended destination within 60 percent of
(2) It is operated at a weight allowing the effective length of each runway de-
the airplane, with the two critical en- scribed below from a point 50 feet di-
gines inoperative, to climb at 0.013 Vso2 rectly above the intersection of the ob-
feet per minute (that is, the number of struction clearance plane and the run-
feet per minute obtained by multi- way. For the purposes of determining
plying the number of knots squared by the allowable landing weight at the
0.013) at an altitude of 1,000 feet above destination airport the following is as-
the highest ground or obstruction sumed:
within 10 miles on each side of the in- (1) The airplane is landed on the most
tended track, or at an altitude of 5,000 favorable runway and in the most fa-
feet, whichever is higher. vorable direction in still air.
(b) For the purposes of paragraph (2) The airplane is landed on the most
(a)(2) of this section, it is assumed suitable runway considering the prob-
that— able wind velocity and direction (fore-
cast for the expected time of arrival),
(1) The two engines fail at the point
the ground handling characteristics of
that is most critical with respect to
the type of airplane, and other condi-
the takeoff weight;
tions such as landing aids and terrain,
(2) Consumption of fuel and oil is nor- and allowing for the effect of the land-
mal with all engines operating up to ing path and roll of not more than 50
the point where the two engines fail percent of the headwind component or
with two engines operating beyond not less than 150 percent of the tail-
that point; wind component.
(3) Where the engines are assumed to (b) An airplane that would be prohib-
fail at an altitude above the prescribed ited from being taken off because it
minimum altitude, compliance with could not meet paragraph (a)(2) of this
the prescribed rate of climb at the pre- section may be taken off if an alter-
scribed minimum altitude need not be nate airport is selected that meets all
shown during the descent from the of this section except that the airplane
cruising altitude to the prescribed min- can accomplish a full stop landing
imum altitude, if those requirements within 70 percent of the effective
can be met once the prescribed min- length of the runway.
imum altitude is reached, and assum-
ing descent to be along a net flight § 135.377 Large transport category air-
path and the rate of descent to be 0.013 planes: Reciprocating engine pow-
Vso2 greater than the rate in the ap- ered: Landing limitations: Alternate
proved performance data; and airports.
(4) If fuel jettisoning is provided, the No person may list an airport as an
airplane’s weight at the point where alternate airport in a flight plan unless
the two engines fail is considered to be the airplane (at the weight anticipated
not less than that which would include at the time of arrival at the airport),
enough fuel to proceed to an airport based on the assumptions in § 135.375(a)
lpowell on DSK54DXVN1OFR with $$_JOB

meeting § 135.377 and to arrive at an al- (1) and (2), can be brought to a full stop
titude of at least 1,000 feet directly landing within 70 percent of the effec-
over that airport. tive length of the runway.

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§ 135.379 14 CFR Ch. I (1–1–16 Edition)

§ 135.379 Large transport category air- and by at least 300 feet horizontally
planes: Turbine engine powered: after passing the boundaries; or
Takeoff limitations. (2) For an airplane certificated after
(a) No person operating a turbine en- September 30, 1958 (SR422A, 422B), that
gine powered large transport category allows a net takeoff flight path that
airplane may take off that airplane at clears all obstacles either by a height
a weight greater than that listed in the of at least 35 feet vertically, or by at
Airplane Flight Manual for the ele- least 200 feet horizontally within the
vation of the airport and for the ambi- airport boundaries and by at least 300
ent temperature existing at take- off. feet horizontally after passing the
(b) No person operating a turbine en- boundaries.
gine powered large transport category (e) In determining maximum
airplane certificated after August 26, weights, minimum distances, and flight
1957, but before August 30, 1959 (SR422, paths under paragraphs (a) through (d)
422A), may take off that airplane at a of this section, correction must be
weight greater than that listed in the made for the runway to be used, the
Airplane Flight Manual for the min- elevation of the airport, the effective
imum distance required for takeoff. In runway gradient, the ambient tempera-
the case of an airplane certificated ture and wind component at the time
after September 30, 1958 (SR422A, 422B), of takeoff, and, if operating limitations
the takeoff distance may include a exist for the minimum distances re-
clearway distance but the clearway dis- quired for takeoff from wet runways,
tance included may not be greater than the runway surface condition (dry or
one-half of the takeoff run. wet). Wet runway distances associated
(c) No person operating a turbine en- with grooved or porous friction course
gine powered large transport category runways, if provided in the Airplane
airplane certificated after August 29, Flight Manual, may be used only for
1959 (SR422B), may take off that air- runways that are grooved or treated
plane at a weight greater than that with a porous friction course (PFC)
listed in the Airplane Flight Manual at overlay, and that the operator deter-
which compliance with the following mines are designed, constructed, and
may be shown: maintained in a manner acceptable to
(1) The accelerate-stop distance, as the Administrator.
defined in § 25.109 of this chapter, must (f) For the purposes of this section, it
not exceed the length of the runway is assumed that the airplane is not
plus the length of any stopway. banked before reaching a height of 50
(2) The takeoff distance must not ex- feet, as shown by the takeoff path or
ceed the length of the runway plus the net takeoff flight path data (as appro-
length of any clearway except that the priate) in the Airplane Flight Manual,
length of any clearway included must and after that the maximum bank is
not be greater than one-half the length not more than 15 degrees.
of the runway. (g) For the purposes of this section,
(3) The takeoff run must not be the terms, takeoff distance, takeoff run,
greater than the length of the runway. net takeoff flight path, have the same
(d) No person operating a turbine en- meanings as set forth in the rules
gine powered large transport category under which the airplane was certifi-
airplane may take off that airplane at cated.
a weight greater than that listed in the [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
Airplane Flight Manual— amended by Amdt. 135–71, 63 FR 8321, Feb. 18,
(1) For an airplane certificated after 1998]
August 26, 1957, but before October 1,
1958 (SR422), that allows a takeoff path § 135.381 Large transport category air-
that clears all obstacles either by at planes: Turbine engine powered: En
least (35 + 0.01 D) feet vertically (D is route limitations: One engine inop-
the distance along the intended flight erative.
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path from the end of the runway in (a) No person operating a turbine en-
feet), or by at least 200 feet hori- gine powered large transport category
zontally within the airport boundaries airplane may take off that airplane at

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Federal Aviation Administration, DOT § 135.383

a weight, allowing for normal con- approved net flight path data in the
sumption of fuel and oil, that is greater Airplane Flight Manual.
than that which (under the approved,
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
one engine inoperative, en route net amended by Amdt. 135–110, 72 FR 31685, June
flight path data in the Airplane Flight 7, 2007]
Manual for that airplane) will allow
compliance with paragraph (a) (1) or (2) § 135.383 Large transport category air-
of this section, based on the ambient planes: Turbine engine powered: En
temperatures expected en route. route limitations: Two engines inop-
(1) There is a positive slope at an al- erative.
titude of at least 1,000 feet above all (a) Airplanes certificated after Au-
terrain and obstructions within five gust 26, 1957, but before October 1, 1958
statute miles on each side of the in- (SR422). No person may operate a tur-
tended track, and, in addition, if that bine engine powered large transport
airplane was certificated after August category airplane along an intended
29, 1958 (SR422B), there is a positive route unless that person complies with
slope at 1,500 feet above the airport either of the following:
where the airplane is assumed to land (1) There is no place along the in-
after an engine fails. tended track that is more than 90 min-
(2) The net flight path allows the air- utes (with all engines operating at
plane to continue flight from the cruis- cruising power) from an airport that
ing altitude to an airport where a land- meets § 135.387.
ing can be made under § 135.387 clearing (2) Its weight, according to the two-
all terrain and obstructions within five engine-inoperative, en route, net flight
statute miles of the intended track by path data in the Airplane Flight Man-
at least 2,000 feet vertically and with a ual, allows the airplane to fly from the
positive slope at 1,000 feet above the point where the two engines are as-
airport where the airplane lands after sumed to fail simultaneously to an air-
an engine fails, or, if that airplane was port that meets § 135.387, with a net
certificated after September 30, 1958 flight path (considering the ambient
(SR422A, 422B), with a positive slope at temperature anticipated along the
1,500 feet above the airport where the track) having a positive slope at an al-
airplane lands after an engine fails. titude of at least 1,000 feet above all
(b) For the purpose of paragraph terrain and obstructions within five
(a)(2) of this section, it is assumed statute miles on each side of the in-
that— tended track, or at an altitude of 5,000
(1) The engine fails at the most crit- feet, whichever is higher.
ical point en route;
(2) The airplane passes over the crit- For the purposes of paragraph (a)(2) of
ical obstruction, after engine failure at this section, it is assumed that the two
a point that is no closer to the obstruc- engines fail at the most critical point
tion than the approved navigation fix, en route, that if fuel jettisoning is pro-
unless the Administrator authorizes a vided, the airplane’s weight at the
different procedure based on adequate point where the engines fail includes
operational safeguards; enough fuel to continue to the airport
(3) An approved method is used to and to arrive at an altitude of at least
allow for adverse winds; 1,000 feet directly over the airport, and
(4) Fuel jettisoning will be allowed if that the fuel and oil consumption after
the certificate holder shows that the engine failure is the same as the con-
crew is properly instructed, that the sumption allowed for in the net flight
training program is adequate, and that path data in the Airplane Flight Man-
all other precautions are taken to en- ual.
sure a safe procedure; (b) Airplanes certificated after Sep-
(5) The alternate airport is selected tember 30, 1958, but before August 30,
and meets the prescribed weather mini- 1959 (SR422A). No person may operate a
mums; and turbine engine powered large transport
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(6) The consumption of fuel and oil category airplane along an intended
after engine failure is the same as the route unless that person complies with
consumption that is allowed for in the either of the following:

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§ 135.385 14 CFR Ch. I (1–1–16 Edition)

(1) There is no place along the in- of the intended track. For the purposes
tended track that is more than 90 min- of this paragraph, it is assumed that—
utes (with all engines operating at (i) The two engines fail at the most
cruising power) from an airport that critical point en route;
meets § 135.387. (ii) The net flight path has a positive
(2) Its weight, according to the two- slope at 1,500 feet above the airport
engine-inoperative, en route, net flight where the landing is assumed to be
path data in the Airplane Flight Man- made after the engines fail;
ual allows the airplane to fly from the (iii) Fuel jettisoning will be approved
point where the two engines are as- if the certificate holder shows that the
sumed to fail simultaneously to an air- crew is properly instructed, that the
port that meets § 135.387 with a net training program is adequate, and that
flight path (considering the ambient all other precautions are taken to en-
temperatures anticipated along the sure a safe procedure;
track) having a positive slope at an al- (iv) The airplane’s weight at the
titude of at least 1,000 feet above all point where the two engines are as-
terrain and obstructions within five sumed to fail provides enough fuel to
statute miles on each side of the in- continue to the airport, to arrive at an
tended track, or at an altitude of 2,000 altitude of at least 1,500 feet directly
feet, whichever is higher. over the airport, and after that to fly
for 15 minutes at cruise power or
For the purpose of paragraph (b)(2) of thrust, or both; and
this section, it is assumed that the two (v) The consumption of fuel and oil
engines fail at the most critical point after the engines fail is the same as the
en route, that the airplane’s weight at consumption that is allowed for in the
the point where the engines fail in- net flight path data in the Airplane
cludes enough fuel to continue to the Flight Manual.
airport, to arrive at an altitude of at
least 1,500 feet directly over the air- § 135.385 Large transport category air-
port, and after that to fly for 15 min- planes: Turbine engine powered:
utes at cruise power or thrust, or both, Landing limitations: Destination
and that the consumption of fuel and airports.
oil after engine failure is the same as (a) No person operating a turbine en-
the consumption allowed for in the net gine powered large transport category
flight path data in the Airplane Flight airplane may take off that airplane at
Manual. a weight that (allowing for normal con-
(c) Aircraft certificated after August sumption of fuel and oil in flight to the
29, 1959 (SR422B). No person may oper- destination or alternate airport) the
ate a turbine engine powered large weight of the airplane on arrival would
transport category airplane along an exceed the landing weight in the Air-
intended route unless that person com- plane Flight Manual for the elevation
plies with either of the following: of the destination or alternate airport
(1) There is no place along the in- and the ambient temperature antici-
tended track that is more than 90 min- pated at the time of landing.
utes (with all engines operating at (b) Except as provided in paragraph
cruising power) from an airport that (c), (d), (e), or (f) of this section, no per-
meets § 135.387. son operating a turbine engine powered
(2) Its weight, according to the two- large transport category airplane may
engine-inoperative, en route, net flight take off that airplane unless its weight
path data in the Airplane Flight Man- on arrival, allowing for normal con-
ual, allows the airplane to fly from the sumption of fuel and oil in flight (in
point where the two engines are as- accordance with the landing distance
sumed to fail simultaneously to an air- in the Airplane Flight Manual for the
port that meets § 135.387, with the net elevation of the destination airport and
flight path (considering the ambient the wind conditions expected there at
temperatures anticipated along the the time of landing), would allow a full
lpowell on DSK54DXVN1OFR with $$_JOB

track) clearing vertically by at least stop landing at the intended destina-


2,000 feet all terrain and obstructions tion airport within 60 percent of the ef-
within five statute miles on each side fective length of each runway described

486

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Federal Aviation Administration, DOT § 135.387

below from a point 50 feet above the (2) The airplane’s weight on arrival,
intersection of the obstruction clear- allowing for normal consumption of
ance plane and the runway. For the fuel and oil in flight (in accordance
purpose of determining the allowable with the landing distance in the Air-
landing weight at the destination air- plane Flight Manual for the elevation
port the following is assumed: of the destination airport and the wind
(1) The airplane is landed on the most conditions expected there at the time
favorable runway and in the most fa- of landing), would allow a full stop
vorable direction, in still air. landing at the intended destination air-
(2) The airplane is landed on the most port within 80 percent of the effective
suitable runway considering the prob- length of each runway described below
able wind velocity and direction and from a point 50 feet above the intersec-
the ground handling characteristics of tion of the obstruction clearance plane
the airplane, and considering other and the runway. For the purpose of de-
conditions such as landing aids and ter- termining the allowable landing weight
rain. at the destination airport, the fol-
(c) A turbopropeller powered airplane lowing is assumed:
that would be prohibited from being (i) The airplane is landed on the most
taken off because it could not meet favorable runway and in the most fa-
paragraph (b)(2) of this section, may be vorable direction, in still air.
(ii) The airplane is landed on the
taken off if an alternate airport is se-
most suitable runway considering the
lected that meets all of this section ex-
probable wind velocity and direction
cept that the airplane can accomplish a
and the ground handling characteris-
full stop landing within 70 percent of
tics of the airplane, and considering
the effective length of the runway.
other conditions such as landing aids
(d) Unless, based on a showing of ac- and terrain.
tual operating landing techniques on (3) The operation is authorized by op-
wet runways, a shorter landing dis- erations specifications.
tance (but never less than that re-
quired by paragraph (b) of this section) [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
has been approved for a specific type amended by Amdt. 135–91, 68 FR 54588, Sept.
17, 2003]
and model airplane and included in the
Airplane Flight Manual, no person may § 135.387 Large transport category air-
take off a turbojet airplane when the planes: Turbine engine powered:
appropriate weather reports or fore- Landing limitations: Alternate air-
casts, or any combination of them, in- ports.
dicate that the runways at the destina- (a) Except as provided in paragraph
tion airport may be wet or slippery at (b) of this section, no person may se-
the estimated time of arrival unless lect an airport as an alternate airport
the effective runway length at the des- for a turbine engine powered large
tination airport is at least 115 percent transport category airplane unless
of the runway length required under (based on the assumptions in
paragraph (b) of this section. § 135.385(b)) that airplane, at the weight
(e) A turbojet airplane that would be expected at the time of arrival, can be
prohibited from being taken off be- brought to a full stop landing within 70
cause it could not meet paragraph percent of the effective length of the
(b)(2) of this section may be taken off if runway for turbo-propeller-powered
an alternate airport is selected that airplanes and 60 percent of the effec-
meets all of paragraph (b) of this sec- tive length of the runway for turbojet
tion. airplanes, from a point 50 feet above
(f) An eligible on-demand operator the intersection of the obstruction
may take off a turbine engine powered clearance plane and the runway.
large transport category airplane on an (b) Eligible on-demand operators may
on-demand flight if all of the following select an airport as an alternate air-
conditions exist: port for a turbine engine powered large
lpowell on DSK54DXVN1OFR with $$_JOB

(1) The operation is permitted by an transport category airplane if (based


approved Destination Airport Analysis on the assumptions in § 135.385(f)) that
in that person’s operations manual. airplane, at the weight expected at the

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§ 135.389 14 CFR Ch. I (1–1–16 Edition)

time of arrival, can be brought to a full ical engine inoperative, at an altitude


stop landing within 80 percent of the of at least 1,000 feet above the highest
effective length of the runway from a obstruction within five miles on each
point 50 feet above the intersection of side of the intended track, or 5,000 feet,
the obstruction clearance plane and whichever is higher.
the runway. (b) Without regard to paragraph (a)
[Doc. No. FAA–2001–10047, 68 FR 54588, Sept.
of this section, if the Administrator
17, 2003] finds that safe operations are not im-
paired, a person may operate the air-
§ 135.389 Large nontransport category plane at an altitude that allows the
airplanes: Takeoff limitations. airplane, in case of engine failure, to
(a) No person operating a large non- clear all obstructions within five miles
transport category airplane may take on each side of the intended track by
off that airplane at a weight greater 1,000 feet. If this procedure is used, the
than the weight that would allow the rate of descent for the appropriate
airplane to be brought to a safe stop weight and altitude is assumed to be 50
within the effective length of the run- feet a minute greater than the rate in
way, from any point during the takeoff the approved performance data. Before
before reaching 105 percent of min- approving such a procedure, the Ad-
imum control speed (the minimum ministrator considers the following for
speed at which an airplane can be safe- the route, route segement, or area con-
ly controlled in flight after an engine cerned:
becomes inoperative) or 115 percent of (1) The reliability of wind and weath-
the power off stalling speed in the er forecasting.
takeoff configuration, whichever is (2) The location and kinds of naviga-
greater. tion aids.
(b) For the purposes of this section— (3) The prevailing weather condi-
(1) It may be assumed that takeoff tions, particularly the frequency and
power is used on all engines during the amount of turbulence normally en-
acceleration; countered.
(2) Not more than 50 percent of the (4) Terrain features.
reported headwind component, or not (5) Air traffic problems.
less than 150 percent of the reported (6) Any other operational factors
tailwind component, may be taken into that affect the operations.
account; (c) For the purposes of this section, it
(3) The average runway gradient (the is assumed that—
difference between the elevations of (1) The critical engine is inoperative;
the endpoints of the runway divided by (2) The propeller of the inoperative
the total length) must be considered if engine is in the minimum drag posi-
it is more than one-half of one percent; tion;
(4) It is assumed that the airplane is (3) The wing flaps and landing gear
operating in standard atmosphere; and are in the most favorable position;
(5) For takeoff, effective length of the (4) The operating engines are oper-
runway means the distance from the ating at the maximum continuous
end of the runway at which the takeoff power available;
is started to a point at which the ob- (5) The airplane is operating in stand-
struction clearance plane associated ard atmosphere; and
with the other end of the runway inter- (6) The weight of the airplane is pro-
sects the runway centerline. gressively reduced by the anticipated
consumption of fuel and oil.
§ 135.391 Large nontransport category
airplanes: En route limitations: One § 135.393 Large nontransport category
engine inoperative. airplanes: Landing limitations: Des-
(a) Except as provided in paragraph tination airports.
(b) of this section, no person operating (a) No person operating a large non-
a large nontransport category airplane transport category airplane may take
lpowell on DSK54DXVN1OFR with $$_JOB

may take off that airplane at a weight off that airplane at a weight that—
that does not allow a rate of climb of (1) Allowing for anticipated consump-
at least 50 feet a minute, with the crit- tion of fuel and oil, is greater than the

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Federal Aviation Administration, DOT § 135.399

weight that would allow a full stop § 135.398 Commuter category airplanes
landing within 60 percent of the effec- performance operating limitations.
tive length of the most suitable run- (a) No person may operate a com-
way at the destination airport; and muter category airplane unless that
(2) Is greater than the weight allow- person complies with the takeoff
able if the landing is to be made on the weight limitations in the approved Air-
runway— plane Flight Manual.
(i) With the greatest effective length (b) No person may take off an air-
in still air; and plane type certificated in the com-
(ii) Required by the probable wind, muter category at a weight greater
taking into account not more than 50 than that listed in the Airplane Flight
percent of the headwind component or Manual that allows a net takeoff flight
not less than 150 percent of the tail- path that clears all obstacles either by
wind component. a height of at least 35 feet vertically,
(b) For the purpose of this section, it or at least 200 feet horizontally within
is assumed that— the airport boundaries and by at least
(1) The airplane passes directly over 300 feet horizontally after passing the
boundaries.
the intersection of the obstruction
(c) No person may operate a com-
clearance plane and the runway at a
muter category airplane unless that
height of 50 feet in a steady gliding ap-
person complies with the landing limi-
proach at a true indicated airspeed of
tations prescribed in §§ 135.385 and
at least 1.3 Vso;
135.387 of this part. For purposes of this
(2) The landing does not require ex- paragraph, §§ 135.385 and 135.387 are ap-
ceptional pilot skill; and plicable to all commuter category air-
(3) The airplane is operating in stand- planes notwithstanding their stated ap-
ard atmosphere. plicability to turbine-engine-powered
large transport category airplanes.
§ 135.395 Large nontransport category (d) In determining maximum
airplanes: Landing limitations: Al- weights, minimum distances and flight
ternate airports.
paths under paragraphs (a) through (c)
No person may select an airport as of this section, correction must be
an alternate airport for a large non- made for the runway to be used, the
transport category airplane unless that elevation of the airport, the effective
airplane (at the weight anticipated at runway gradient, and ambient tem-
the time of arrival), based on the as- perature, and wind component at the
sumptions in § 135.393(b), can be time of takeoff.
brought to a full stop landing within 70 (e) For the purposes of this section,
percent of the effective length of the the assumption is that the airplane is
runway. not banked before reaching a height of
50 feet as shown by the net takeoff
§ 135.397 Small transport category air- flight path data in the Airplane Flight
plane performance operating limi- Manual and thereafter the maximum
tations. bank is not more than 15 degrees.
(a) No person may operate a recipro- [Doc. No. 23516, 52 FR 1836, Jan. 15, 1987]
cating engine powered small transport
category airplane unless that person § 135.399 Small nontransport category
complies with the weight limitations airplane performance operating
in § 135.365, the takeoff limitations in limitations.
§ 135.367 (except paragraph (a)(3)), and (a) No person may operate a recipro-
the landing limitations in §§ 135.375 and cating engine or turbopropeller-pow-
135.377. ered small airplane that is certificated
(b) No person may operate a turbine under § 135.169(b) (2), (3), (4), (5), or (6)
engine powered small transport cat- unless that person complies with the
egory airplane unless that person com- takeoff weight limitations in the ap-
plies with the takeoff limitations in proved Airplane Flight Manual or
lpowell on DSK54DXVN1OFR with $$_JOB

§ 135.379 (except paragraphs (d) and (f)) equivalent for operations under this
and the landing limitations in §§ 135.385 part, and, if the airplane is certificated
and 135.387. under § 135.169(b) (4) or (5) with the

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§ 135.411 14 CFR Ch. I (1–1–16 Edition)

landing weight limitations in the Ap- ditional requirements of Appendix G of


proved Airplane Flight Manual or this part.
equivalent for operations under this [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
part. amended by Amdt. 135–70, 62 FR 42374, Aug. 6,
(b) No person may operate an air- 1997; Amdt. 135–78, 65 FR 60556, Oct. 11, 2000;
plane that is certificated under Amdt. 135–92, 68 FR 69308, Dec. 12, 2003; Amdt.
§ 135.169(b)(6) unless that person com- 135–81, 70 FR 5533, Feb. 2, 2005; Amdt. 135–108,
plies with the landing limitations pre- 72 FR 1885, Jan. 16, 2007; 72 FR 53114, Sept. 18,
2007]
scribed in §§ 135.385 and 135.387 of this
part. For purposes of this paragraph, § 135.413 Responsibility for airworthi-
§§ 135.385 and 135.387 are applicable to ness.
reciprocating and turbopropeller-pow-
(a) Each certificate holder is pri-
ered small airplanes notwithstanding
marily responsible for the airworthi-
their stated applicability to turbine en- ness of its aircraft, including air-
gine powered large transport category frames, aircraft engines, propellers, ro-
airplanes. tors, appliances, and parts, and shall
[44 FR 53731, Sept. 17, 1979] have its aircraft maintained under this
chapter, and shall have defects repaired
between required maintenance under
Subpart J—Maintenance, Preven- part 43 of this chapter.
tive Maintenance, and Alter- (b) Each certificate holder who main-
ations tains its aircraft under § 135.411(a)(2)
shall—
§ 135.411 Applicability.
(1) Perform the maintenance, preven-
(a) This subpart prescribes rules in tive maintenance, and alteration of its
addition to those in other parts of this aircraft, including airframe, aircraft
chapter for the maintenance, preven- engines, propellers, rotors, appliances,
tive maintenance, and alterations for emergency equipment and parts, under
each certificate holder as follows: its manual and this chapter; or
(1) Aircraft that are type certificated (2) Make arrangements with another
for a passenger seating configuration, person for the performance of mainte-
excluding any pilot seat, of nine seats nance, preventive maintenance, or al-
or less, shall be maintained under parts teration. However, the certificate hold-
91 and 43 of this chapter and §§ 135.415, er shall ensure that any maintenance,
135.417, 135.421 and 135.422. An approved preventive maintenance, or alteration
aircraft inspection program may be that is performed by another person is
used under § 135.419. performed under the certificate hold-
er’s manual and this chapter.
(2) Aircraft that are type certificated
for a passenger seating configuration, § 135.415 Service difficulty reports.
excluding any pilot seat, of ten seats or
more, shall be maintained under a (a) Each certificate holder shall re-
maintenance program in §§ 135.415, port the occurrence or detection of
each failure, malfunction, or defect in
135.417, 135.423 through 135.443.
an aircraft concerning—
(b) A certificate holder who is not
(1) Fires during flight and whether
otherwise required, may elect to main-
the related fire-warning system func-
tain its aircraft under paragraph (a)(2)
tioned properly;
of this section.
(2) Fires during flight not protected
(c) Single engine aircraft used in pas- by related fire-warning system;
senger-carrying IFR operations shall (3) False fire-warning during flight;
also be maintained in accordance with
(4) An exhaust system that causes
§ 135.421 (c), (d), and (e). damage during flight to the engine, ad-
(d) A certificate holder who elects to jacent structure, equipment, or compo-
operate in accordance with § 135.364 nents;
lpowell on DSK54DXVN1OFR with $$_JOB

must maintain its aircraft under para- (5) An aircraft component that
graph (a)(2) of this section and the ad- causes accumulation or circulation of
smoke, vapor, or toxic or noxious

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Federal Aviation Administration, DOT § 135.415

fumes in the crew compartment or pas- day may be submitted on the following
senger cabin during flight; Monday, and a report due on a holiday
(6) Engine shutdown during flight be- may be submitted on the next work-
cause of flameout; day.
(7) Engine shutdown during flight (e) The certificate holder shall trans-
when external damage to the engine or mit the reports required by this section
aircraft structure occurs; on a form and in a manner prescribed
(8) Engine shutdown during flight due by the Administrator, and shall include
to foreign object ingestion or icing; as much of the following as is avail-
(9) Shutdown of more than one en- able:
gine during flight; (1) The type and identification num-
(10) A propeller feathering system or ber of the aircraft.
ability of the system to control over- (2) The name of the operator.
speed during flight; (3) The date.
(11) A fuel or fuel-dumping system (4) The nature of the failure, mal-
that affects fuel flow or causes haz- function, or defect.
ardous leakage during flight; (5) Identification of the part and sys-
(12) An unwanted landing gear exten- tem involved, including available infor-
sion or retraction or opening or closing mation pertaining to type designation
of landing gear doors during flight; of the major component and time since
(13) Brake system components that last overhaul, if known.
result in loss of brake actuating force (6) Apparent cause of the failure,
when the aircraft is in motion on the malfunction or defect (e.g., wear,
ground; crack, design deficiency, or personnel
(14) Aircraft structure that requires error).
major repair; (7) Other pertinent information nec-
(15) Cracks, permanent deformation, essary for more complete identifica-
or corrosion of aircraft structures, if tion, determination of seriousness, or
more than the maximum acceptable to corrective action.
the manufacturer or the FAA; and (f) A certificate holder that is also
(16) Aircraft components or systems the holder of a type certificate (includ-
that result in taking emergency ac- ing a supplemental type certificate), a
tions during flight (except action to Parts Manufacturer Approval, or a
shut-down an engine). Technical Standard Order Authoriza-
(b) For the purpose of this section, tion, or that is the licensee of a type
during flight means the period from the certificate need not report a failure,
moment the aircraft leaves the surface malfunction, or defect under this sec-
of the earth on takeoff until it touches tion if the failure, malfunction, or de-
down on landing. fect has been reported by it under § 21.3
(c) In addition to the reports required or § 37.17 of this chapter or under the
by paragraph (a) of this section, each accident reporting provisions of part
certificate holder shall report any 830 of the regulations of the National
other failure, malfunction, or defect in Transportation Safety Board.
an aircraft that occurs or is detected at (g) No person may withhold a report
any time if, in its opinion, the failure, required by this section even though
malfunction, or defect has endangered all information required by this section
or may endanger the safe operation of is not available.
the aircraft. (h) When the certificate holder gets
(d) Each certificate holder shall sub- additional information, including in-
mit each report required by this sec- formation from the manufacturer or
tion, covering each 24-hour period be- other agency, concerning a report re-
ginning at 0900 local time of each day quired by this section, it shall expedi-
and ending at 0900 local time on the tiously submit it as a supplement to
next day, to the FAA offices in Okla- the first report and reference the date
homa City, Oklahoma. Each report of and place of submission of the first re-
occurrences during a 24-hour period port.
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shall be submitted to the collection [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
point within the next 96 hours. How- amended by Amdt. 135–102, 70 FR 76979, Dec.
ever, a report due on Saturday or Sun- 29, 2005]

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§ 135.417 14 CFR Ch. I (1–1–16 Edition)

§ 135.417 Mechanical interruption (d) The aircraft inspection program


summary report. submitted for approval by the Adminis-
Each certificate holder shall mail or trator must contain the following:
deliver, before the end of the 10th day (1) Instructions and procedures for
the conduct of aircraft inspections
of the following month, a summary re-
(which must include necessary tests
port of the following occurrences in
and checks), setting forth in detail the
multiengine aircraft for the preceding
parts and areas of the airframe, en-
month to the certificate-holding dis-
gines, propellers, rotors, and appli-
trict office:
ances, including emergency equipment,
(a) Each interruption to a flight, un-
that must be inspected.
scheduled change of aircraft en route,
(2) A schedule for the performance of
or unscheduled stop or diversion from a
the aircraft inspections under para-
route, caused by known or suspected
graph (d)(1) of this section expressed in
mechanical difficulties or malfunctions
terms of the time in service, calendar
that are not required to be reported
time, number of system operations, or
under § 135.415.
any combination of these.
(b) The number of propeller (3) Instructions and procedures for
featherings in flight, listed by type of recording discrepancies found during
propeller and engine and aircraft on inspections and correction or deferral
which it was installed. Propeller of discrepancies including form and
featherings for training, demonstra- disposition of records.
tion, or flight check purposes need not (e) After approval, the certificate
be reported. holder shall include the approved air-
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as craft inspection program in the manual
amended by Amdt. 135–60, 61 FR 2616, Jan. 26, required by § 135.21.
1996] (f) Whenever the Administrator finds
that revisions to an approved aircraft
§ 135.419 Approved aircraft inspection inspection program are necessary for
program. the continued adequacy of the pro-
(a) Whenever the Administrator finds gram, the certificate holder shall, after
that the aircraft inspections required notification by the Administrator,
or allowed under part 91 of this chapter make any changes in the program
are not adequate to meet this part, or found by the Administrator to be nec-
upon application by a certificate hold- essary. The certificate holder may pe-
er, the Administrator may amend the tition the Administrator to reconsider
certificate holder’s operations speci- the notice to make any changes in a
fications under § 119.51, to require or program. The petition must be filed
allow an approved aircraft inspection with the representatives of the Admin-
program for any make and model air- istrator assigned to it within 30 days
craft of which the certificate holder after the certificate holder receives the
has the exclusive use of at least one notice. Except in the case of an emer-
aircraft (as defined in § 135.25(b)). gency requiring immediate action in
(b) A certificate holder who applies the interest of safety, the filing of the
for an amendment of its operations petition stays the notice pending a de-
specifications to allow an approved air- cision by the Administrator.
craft inspection program must submit (g) Each certificate holder who has
that program with its application for an approved aircraft inspection pro-
approval by the Administrator. gram shall have each aircraft that is
(c) Each certificate holder who is re- subject to the program inspected in ac-
quired by its operations specifications cordance with the program.
to have an approved aircraft inspection (h) The registration number of each
program shall submit a program for ap- aircraft that is subject to an approved
proval by the Administrator within 30 aircraft inspection program must be in-
days of the amendment of its oper- cluded in the operations specifications
ations specifications or within any of the certificate holder.
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other period that the Administrator [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
may prescribe in the operations speci- amended by Amdt. 135–104, 71 FR 536, Jan. 4,
fications. 2006]

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Federal Aviation Administration, DOT § 135.422

§ 135.421 Additional maintenance re- § 135.422 Aging airplane inspections


quirements. and records reviews for multien-
gine airplanes certificated with
(a) Each certificate holder who oper- nine or fewer passenger seats.
ates an aircraft type certificated for a
passenger seating configuration, ex- (a) Applicability. This section applies
cluding any pilot seat, of nine seats or to multiengine airplanes certificated
less, must comply with the manufac- with nine or fewer passenger seats, op-
turer’s recommended maintenance pro- erated by a certificate holder in a
grams, or a program approved by the scheduled operation under this part,
Administrator, for each aircraft en- except for those airplanes operated by
gine, propeller, rotor, and each item of a certificate holder in a scheduled op-
emergency equipment required by this eration between any point within the
chapter. State of Alaska and any other point
(b) For the purpose of this section, a within the State of Alaska.
manufacturer’s maintenance program (b) Operation after inspections and
is one which is contained in the main- records review. After the dates specified
tenance manual or maintenance in- in this paragraph, a certificate holder
structions set forth by the manufac- may not operate a multiengine air-
turer as required by this chapter for plane in a scheduled operation under
the aircraft, aircraft engine, propeller, this part unless the Administrator has
rotor or item of emergency equipment. notified the certificate holder that the
(c) For each single engine aircraft to Administrator has completed the aging
be used in passenger-carrying IFR op- airplane inspection and records review
erations, each certificate holder must required by this section. During the in-
incorporate into its maintenance pro- spection and records review, the cer-
gram either: tificate holder must demonstrate to
(1) The manufacturer’s recommended the Administrator that the mainte-
engine trend monitoring program, nance of age-sensitive parts and com-
which includes an oil analysis, if appro- ponents of the airplane has been ade-
priate, or quate and timely enough to ensure the
(2) An FAA approved engine trend highest degree of safety.
monitoring program that includes an (1) Airplanes exceeding 24 years in serv-
oil analysis at each 100 hour interval or ice on December 8, 2003; initial and repet-
at the manufacturer’s suggested inter- itive inspections and records reviews. For
val, whichever is more frequent. an airplane that has exceeded 24 years
(d) For single engine aircraft to be in service on December 8, 2003, no later
used in passenger-carrying IFR oper- than December 5, 2007, and thereafter
ations, written maintenance instruc- at intervals not to exceed 7 years.
tions containing the methods, tech- (2) Airplanes exceeding 14 years in serv-
niques, and practices necessary to ice but not 24 years in service on Decem-
maintain the equipment specified in ber 8, 2003; initial and repetitive inspec-
§§ 135.105, and 135.163 (f) and (h) are re- tions and records reviews. For an air-
quired. plane that has exceeded 14 years in
(e) No certificate holder may operate service, but not 24 years in service, on
a single engine aircraft under IFR, car- December 8, 2003, no later than Decem-
rying passengers, unless the certificate ber 4, 2008, and thereafter at intervals
holder records and maintains in the en- not to exceed 7 years.

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