14 CFR 63.3 Certificates and ratings required.
(a) No person may act as a flight engineer of a civil aircraft of
U.S. registry unless he has in his personal possession a current flight
engineer certificate with appropriate ratings issued to him under this
part and a second-class (or higher) medical certificate issued to him
under part 67 of this chapter within the preceding 12 months. However,
when the aircraft is operated within a foreign country, a current flight
engineer certificate issued by the country in which the aircraft is
operated, with evidence of current medical qualification for that
certificate, may be used. Also, in the case of a flight engineer
certificate issued under 63.42, evidence of current medical
qualification accepted for the issue of that certificate is used in
place of a medical certificate.
(b) No person may act as a flight navigator of a civil aircraft of
U.S. registry unless he has in his personal possession a current flight
navigator certificate issued to him under this part and a second-class
(or higher) medical certificate issued to him under part 67 of this
chapter within the preceding 12 months. However, when the aircraft is
operated within a foreign country, a current flight navigator
certificate issued by the country in which the aircraft is operated,
with evidence of current medical qualification for that certificate, may
be used.
(c) Each person who holds a flight engineer or flight navigator
certificate, or medical certificate, shall present either or both for
inspection upon the request of the Administrator or an authorized
representative of the National Transportation Safety Board, or of any
Federal, State, or local law enforcement officer.
(Secs. 3, 6, 9, 80 Stat. 931, 49 U.S.C. 1652, 1655, 1657)
(Doc. No. 1179, 27 FR 7969, Aug. 10, 1962, as amended by Amdt. 63-1,
27 FR 10410, Oct. 25, 1962; Amdt. 63-3, 30 FR 14559, Nov. 23, 1965;
Amdt. 63-7, 31 FR 13523, Oct. 20, 1966; Doc. No. 8084, 32 FR 5769, Apr.
11, 1967; Amdt. 63-9, 33 FR 18613, Dec. 17, 1968; Amdt. 63-11, 35 FR
5320, Mar. 31, 1970)
14 CFR 63.11 Application and issue.
(a) An application for a certificate and appropriate class rating, or
for an additional rating, under this part must be made on a form and in
a manner prescribed by the Administrator. Each person who is neither a
United States citizen nor a resident alien and applies for a written or
practical test to be administered outside the United States for any
certificate or rating issued under this part must show evidence that the
fee prescribed in appendix A of part 187 of this chapter has been paid.
(b) An applicant who meets the requirements of this part is entitled
to an appropriate certificate and appropriate class ratings.
(c) Unless authorized by the Administrator, a person whose flight
engineer certificate is suspended may not apply for any rating to be
added to that certificate during the period of suspension.
(d) Unless the order of revocation provides otherwise, a person whose
flight engineer or flight navigator certificate is revoked may not apply
for the same kind of certificate for 1 year after the date of
revocation.
(Secs. 313, 601, 602, Federal Aviation Act of 1958, as amended (49
U.S.C. 1354, 1421, and 1422); sec. 6(c), Department of Transportation
Act (49 U.S.C. 1655(c)); Title V, Independent Offices Appropriations
Act of 1952 (31 U.S.C. 483(a)); sec. 28, International Air
Transportation Competition Act of 1979 (49 U.S.C. 1159(b)))
(Doc. No. 1179, 27 FR 7969, Aug. 10, 1962, as amended by Amdt. 63-3,
30 FR 14559, Nov. 23, 1965; Amdt. 63-7, 31 FR 13523, Oct. 20, 1966;
Doc. 63-22, 47 FR 35693, Aug. 16, 1982)
14 CFR 63.12 Offenses involving alcohol or drugs.
(a) A conviction for the violation of any Federal or state statute
relating to the growing, processing, manufacture, sale, disposition,
possession, transportation, or importation of narcotic drugs, marihuana,
or depressant or stimulant drugs or substances is grounds for --
(1) Denial of an application for any certificate or rating issued
under this part for a period of up to 1 year after the date of final
conviction; or
(2) Suspension or revocation of any certificate or rating issued
under this part.
(b) The commission of an act prohibited by 91.17(a) or 91.19(a) of
this chapter is grounds for --
(1) Denial of an application for a certificate or rating issued under
this part for a period of up to 1 year after the date of that act; or
(2) Suspension or revocation of any certificate or rating issued
under this part.
(Doc. No. 21956, Amdt. 63-23, 50 FR 15379, Apr. 17, 1985, as amended
by Amdt. 63-27, 54 FR 34330, Aug. 18, 1989)
14 CFR 63.12a Refusal to submit to an alcohol test or to furnish test
results.
A refusal to submit to a test to indicate the percentage by weight of
alcohol in the blood, when requested by a law enforcement officer in
accordance with 91.11(c) of this chapter, or a refusal to furnish or
authorize the release of the test results when requested by the
Administrator in accordance with 91.17 (c) or (d) of this chapter, is
grounds for --
(a) Denial of an application for any certificate or rating issued
under this part for a period of up to 1 year after the date of that
refusal; or
(b) Suspension or revocation of any certificate or rating issued
under this part.
(Docket No. 21956, Amdt. 63-24, 51 FR 1229, Jan. 9, 1986, as amended
by Amdt. 63-27, 54 FR 34330, Aug. 18, 1989)
14 CFR 63.12b Refusal to submit to a drug test.
(a) This section applies to --
(1) An employee who performs a function listed in appendix I to part
121 of this chapter for a part 121 certificate holder or a part 135
certificate holder; and
(2) An employee who performs a function listed in appendix I to part
121 of this chapter for an operator as defined in 135.1(c) of this
chapter. An employee of a person conducting operations of foreign civil
aircraft navigated within the United States pursuant to part 375 or
emergency mail service operations pursuant to section 405(h) of the
Federal Aviation Act of 1958 is excluded from the requirements of this
section.
(b) Refusal by the holder of a certificate issued under this part to
take a test for a drug specified in appendix I to part 121 of this
chapter, when requested by an employer as defined in that appendix or an
operator as defined in 135.1(c) of this chapter, under the
circumstances specified in that appendix is grounds for --
(1) Denial of an application for any certificate or rating issued
under this part for a period of up to 1 year after the date of that
refusal; and
(2) Suspension or revocation of any certificate or rating issued
under this part.
(Doc. No. 25148, Amdt. 63-25, 53 FR 47056, Nov. 21, 1988; 54 FR
15072, Apr. 14, 1989, as amended by Amdt. 63-26, 54 FR 15152, Apr. 14,
1989)
14 CFR 63.13 Temporary certificate.
A certificate effective for a period of not more than 120 days may be
issued to a qualified applicant, pending review of his application and
supplementary documents and the issue of the certificate for which he
applied.
(Doc. No. 1179, 27 FR 7969, Aug. 10, 1962, as amended by Amdt.
63-19, 43 FR 22639, May 25, 1978)
14 CFR 63.15 Duration of certificates.
(a) Except as provided in 63.23 and paragraph (b) of this section, a
certificate or rating issued under this part is effective until it is
surrendered, suspended, or revoked.
(b) A flight engineer certificate (with any amendment thereto) issued
under 63.42 expires at the end of the 24th month after the month in
which the certificate was issued or renewed. However, the holder may
exercise the privileges of that certificate only while the foreign
flight engineer license on which that certificate is based is effective.
(c) Any certificate issued under this part ceases to be effective if
it is surrendered, suspended, or revoked. The holder of any certificate
issued under this part that is suspended or revoked shall, upon the
Administrator's request, return it to the Administrator.
(Sec. 6, 80 Stat. 937, 49 U.S.C. 1655; secs. 313, 601, 602, Federal
Aviation Act of 1958, as amended (49 U.S.C. 1354, 1421, and 1422); sec.
6(c), Department of Transportation Act (49 U.S.C. 1655(c)); Title V,
Independent Offices Appropriations Act of 1952 (31 U.S.C. 483(a)); sec.
28, International Air Transportation Competition Act of 1979 (49 U.S.C.
1159(b)))
(Amdt. 63-9, 33 FR 18613, Dec. 17, 1968, as amended by Amdt. 63-22,
47 FR 35693, Aug. 16, 1982)
63.15a (Reserved)
14 CFR 63.16 Change of name; replacement of lost or destroyed
certificate.
(a) An application for a change of name on a certificate issued under
this part must be accompanied by the applicant's current certificate and
the marriage license, court order, or other document verifying the
change. The documents are returned to the applicant after inspection.
(b) An application for a replacement of a lost or destroyed
certificate is made by letter to the Department of Transportation,
Federal Aviation Administration, Airman Certification Branch, Post
Office Box 25082, Oklahoma City, OK 73125. The letter must --
(1) Contain the name in which the certificate was issued, the
permanent mailing address (including zip code), social security number
(if any), and date and place of birth of the certificate holder, and any
available information regarding the grade, number, and date of issue of
the certificate, and the ratings on it; and
(2) Be accompanied by a check or money order for $2, payable to the
Federal Aviation Administration.
(c) An application for a replacement of a lost or destroyed medical
certificate is made by letter to the Department of Transportation,
Federal Aviation Administration, Civil Aeromedical Institute,
Aeromedical Certification Branch, Post Office Box 25082, Oklahoma City,
OK 73125, accompanied by a check or money order for $2.00.
(d) A person whose certificate issued under this part or medical
certificate, or both, has been lost may obtain a telegram from the
Federal Aviation Administration confirming that it was issued. The
telegram may be carried as a certificate for a period not to exceed 60
days pending his receiving a duplicate under paragraph (b) or (c) of
this section, unless he has been notified that the certificate has been
suspended or revoked. The request for such a telegram may be made by
prepaid telegram, stating the date upon which a duplicate certificate
was requested, or including the request for a duplicate and a money
order for the necessary amount. The request for a telegraphic
certificate should be sent to the office prescribed in paragraph (b) or
(c) of this section, as appropriate. However, a request for both at the
same time should be sent to the office prescribed in paragraph (b) of
this section.
(Amdt. 63-7, 31 FR 13523, Oct. 20, 1966, as amended by Doc. No.
8084, 32 FR 5769, Apr. 11, 1967; Amdt. 63-12, 35 FR 14075, Sept. 4,
1970; Amdt. 63-13, 36 FR 28654, Feb. 11, 1971)
14 CFR 63.17 Tests: General procedure.
(a) Tests prescribed by or under this part are given at times and
places, and by persons, designated by the Administrator.
(b) The minimum passing grade for each test is 70 percent.
14 CFR 63.18 Written tests: Cheating or other unauthorized conduct.
(a) Except as authorized by the Administrator, no person may --
(1) Copy, or intentionally remove, a written test under this part;
(2) Give to another, or receive from another, any part or copy of
that test;
(3) Give help on that test to, or receive help on that test from, any
person during the period that test is being given.
(4) Take any part of that test in behalf of another person;
(5) Use any material or aid during the period that test is being
given; or
(6) Intentionally cause, assist, or participate in any act prohibited
by this paragraph.
(b) No person who commits an act prohibited by paragraph (a) of this
section is eligible for any airman or ground instructor certificate or
rating under this chapter for a period of 1 year after the date of that
act. In addition, the commission of that act is a basis for suspending
or revoking any airman or ground instructor certificate or rating held
by that person.
(Amdt. 63-2, 30 FR 2196, Feb. 18, 1965)
14 CFR 63.19 Operations during physical deficiency.
No person may serve as a flight engineer or flight navigator during a
period of known physical deficiency, or increase in physical deficiency,
that would make him unable to meet the physical requirements for his
current medical certificate.
14 CFR 63.20 Applications, certificates, logbooks, reports, and
records; falsification, reproduction, or alteration.
(a) No person may make or cause to be made --
(1) Any fraudulent or intentionally false statement on any
application for a certificate or rating under this part;
(2) Any fraudulent or intentionally false entry in any logbook,
record, or report that is required to be kept, made, or used, to show
compliance with any requirement for any certificate or rating under this
part;
(3) Any reproduction, for fraudulent purpose, of any certificate or
rating under this part; or
(4) Any alteration of any certificate or rating under this part.
(b) The commission by any person of an act prohibited under paragraph
(a) of this section is a basis for suspending or revoking any airman or
ground instructor certificate or rating held by that person.
(Amdt. 63-2, 30 FR 2196, Feb. 18, 1965)
14 CFR 63.21 Change of address.
Within 30 days after any change in his permanent mailing address, the
holder of a certificate issued under this part shall notify the
Department of Transportation, Federal Aviation Administration, Airman
Certification Branch, Post Office Box 25082, Oklahoma City, OK 73125, in
writing, of his new address.
(Amdt. 63-12, 35 FR 14075, Sept. 4, 1970)
14 CFR 63.23 Special purpose flight engineer and flight navigator
certificates: Operation of U.S.-registered civil airplanes leased by a
person not a U.S. citizen.
(a) General. The holder of a current foreign flight engineer or
flight navigator certificate, license, or authorization issued by a
foreign contracting State to the Convention on International Civil
Aviation, who meets the requirements of this section, may hold a special
purpose flight engineer or flight navigator certificate, as appropriate,
authorizing the holder to perform flight engineer or flight navigator
duties on a civil airplane of U.S. registry, leased to a person not a
citizen of the United States, carrying persons or property for
compensation or hire. Special purpose flight engineer and flight
navigator certificates are issued under this section only for airplane
types that can have a maximum passenger seating configuration, excluding
any flight crewmember seat, of more than 30 seats or a maximum payload
capacity (as defined in 135.2(e) of this chapter) of more than 7,500
pounds.
(b) Eligibility. To be eligible for the issuance, or renewal, of a
certificate under this section, an applicant must present the following
to the Administrator:
(1) A current foreign flight engineer or flight navigator
certificate, license, or authorization issued by the aeronautical
authority of a foreign contracting State to the Convention on
International Civil Aviation or a facsimile acceptable to the
Administrator. The certificate or license must authorize the applicant
to perform the flight engineer or flight navigator duties to be
authorized by a certificate issued under this section on the same
airplane type as the leased airplane.
(2) A current certification by the lessee of the airplane --
(i) Stating that the applicant is employed by the lessee;
(ii) Specifying the airplane type on which the applicant will perform
flight engineer or flight navigator duties; and
(iii) Stating that the applicant has received ground and flight
instruction which qualifies the applicant to perform the duties to be
assigned on the airplane.
(3) Documentation showing that the applicant currently meets the
medical standards for the foreign flight engineer or flight navigator
certificate, license, or authorization required by paragraph (b)(1) of
this section, except that a U.S. medical certificate issued under part
67 of this chapter is not evidence that the applicant meets those
standards unless the State which issued the applicant's foreign flight
engineer or flight navigator certificate, license, or authorization
accepts a U.S. medical certificate as evidence of medical fitness for a
flight engineer or flight navigator certificate, license, or
authorization.
(c) Privileges. The holder of a special purpose flight engineer or
flight navigator certificate issued under this section may exercise the
same privileges as those shown on the certificate, license, or
authorization specified in paragraph (b)(1) of this section, subject to
the limitations specified in this section.
(d) Limitations. Each certificate issued under this section is
subject to the following limitations:
(1) It is valid only --
(i) For flights between foreign countries and for flights in foreign
air commerce;
(ii) While it and the certificate, license, or authorization required
by paragraph (b)(1) of this section are in the certificate holder's
personal possession and are current;
(iii) While the certificate holder is employed by the person to whom
the airplane described in the certification required by paragraph (b)(2)
of this section is leased;
(iv) While the certificate holder is performing flight engineer or
flight navigator duties on the U.S.-registered civil airplane described
in the certification required by paragraph (b)(2) of this section; and
(v) While the medical documentation required by paragraph (b)(3) of
this section is in the certificate holder's personal possession and is
currently valid.
(2) Each certificate issued under this section contains the
following:
(i) The name of the person to whom the U.S.-registered civil airplane
is leased.
(ii) The type of airplane.
(iii) The limitation: ''Issued under, and subject to, 63.23 of the
Federal Aviation Regulations.''
(iv) The limitation: ''Subject to the privileges and limitations
shown on the holder's foreign flight (engineer or navigator)
certificate, license, or authorization.''
(3) Any additional limitations placed on the certificate which the
Administrator considers necessary.
(e) Termination. Each special purpose flight engineer or flight
navigator certificate issued under this section terminates --
(1) When the lease agreement for the airplane described in the
certification required by paragraph (b)(2) of this section terminates;
(2) When the foreign flight engineer or flight navigator certificate,
license, or authorization, or the medical documentation required by
paragraph (b) of this section is suspended, revoked, or no longer valid;
or
(3) After 24 months after the month in which the special purpose
flight engineer or flight navigator certificate was issued.
(f) Surrender of certificate. The certificate holder shall surrender
the special purpose flight engineer or flight navigator certificate to
the Administrator within 7 days after the date it terminates.
(g) Renewal. The certificate holder may have the certificate renewed
by complying with the requirements of paragraph (b) of this section at
the time of application for renewal.
(Secs. 313(a), 601, and 602, Federal Aviation Act of 1958; as
amended (49 U.S.C. 1354(a), 1421, and 1422); sec. 6(c), Department of
Transportation Act (49 U.S.C. 1655(c)))
(Doc. No. 19300, Amdt. 63-20, 45 FR 5672, Jan. 24, 1980)
14 CFR 63.23 Subpart B -- Flight Engineers
Authority: Secs. 313(a), 601, and 602, Federal Aviation Act of 1958;
49 U.S.C. 1354, 1421, 1422.
Source: Docket No. 6458, Amdt. 63-3, 30 FR 14559, Nov. 23, 1965,
unless otherwise noted.
14 CFR 63.31 Eligibility requirements; general.
To be eligible for a flight engineer certificate, a person must --
(a) Be at least 21 years of age;
(b) Be able to read, speak, and understand the English language, or
have an appropriate limitation placed on his flight engineer
certificate;
(c) Hold at least a second-class medical certificate issued under
part 67 of this chapter within the 12 months before the date he applies,
or other evidence of medical qualification accepted for the issue of a
flight engineer certificate under 63.42; and
(d) Comply with the requirements of this subpart that apply to the
rating he seeks.
(Sec. 6, 80 Stat. 937, 49 U.S.C. 1655)
(Doc. No. 6458, Amdt. 63-3, 30 FR 14559, Nov. 23, 1965, as amended by
Amdt. 63-9, 33 FR 18614, Dec. 17, 1968)
14 CFR 63.33 Aircraft ratings.
(a) The aircraft class ratings to be placed on flight engineer
certificates are --
(1) Reciprocating engine powered;
(2) Turbopropeller powered; and
(3) Turbojet powered.
(b) To be eligible for an additional aircraft class rating after his
flight engineer certificate with a class rating is issued to him, an
applicant must pass the written test that is appropriate to the class of
airplane for which an additional rating is sought, and --
(1) Pass the flight test for that class of aircraft; or
(2) Satisfactorily complete an approved flight engineer training
program that is appropriate to the additional class rating sought.
14 CFR 63.35 Knowledge requirements.
(a) An applicant for a flight engineer certificate must pass a
written test on the following:
(1) The regulations of this chapter that apply to the duties of a
flight engineer.
(2) The theory of flight and aerodynamics.
(3) Basic meteorology with respect to engine operations.
(4) Center of gravity computations.
(b) An applicant for the original or additional issue of a flight
engineer class rating must pass a written test for that airplane class
on the following:
(1) Preflight.
(2) Airplane equipment.
(3) Airplane systems.
(4) Airplane loading.
(5) Airplane procedures and engine operations with respect to
limitations.
(6) Normal operating procedures.
(7) Emergency procedures.
(8) Mathematical computation of engine operations and fuel
consumption.
(c) Before taking the written tests prescribed in paragraphs (a) and
(b) of this section, an applicant for a flight engineer certificate must
present satisfactory evidence of having completed one of the experience
requirements of 63.37. However, he may take the written tests before
acquiring the flight training required by 63.37.
(d) An applicant for a flight engineer certificate or rating must
have passed the written tests required by paragraphs (a) and (b) of this
section since the beginning of the 24th calendar month before the month
in which the flight is taken. However, this limitation does not apply
to an applicant for a flight engineer certificate or rating if --
(1) The applicant --
(i) Within the period ending 24 calendar months after the month in
which the applicant passed the written test, is employed as a flight
crewmember or mechanic by a U.S. air carrier or commercial operator
operating either under part 121 or as a commuter air carrier under part
135 (as defined in part 298 of this title) and is employed by such a
certificate holder at the time of the flight test;
(ii) If employed as a flight crewmember, has completed initial
training, and, if appropriate, transition or upgrade training; and
(iii) Meets the recurrent training requirements of the applicable
part or, for mechanics, meets the recency of experience requirements of
part 65; or
(2) Within the period ending 24 calendar months after the month in
which the applicant passed the written test, the applicant participated
in a flight engineer or maintenance training program of a U.S. scheduled
military air transportation service and is currently participating in
that program.
(e) An air carrier or commercial operator with an approved training
program under part 121 of this chapter may, when authorized by the
Administrator, provide as part of that program a written test that it
may administer to satisfy the test required for an additional rating
under paragraph (b) of this section.
(Sec. 6, 80 Stat. 937, 49 U.S.C. 1655; secs. 313(a), 601 through 605
of the Federal Aviation Act of 1958 (49 U.S.C. 1354(a), 1421 through
1425); sec. 6(c), Department of Transportation Act (49 U.S.C.
1655(c)); and 14 CFR 11.49)
(Doc. No. 1179, 27 FR 7969, Aug. 10, 1962, as amended by Amdt.
63-17, 40 FR 32830, Aug. 5, 1975; Doc. 63-21, 47 FR 13316, Mar. 29,
1982)
14 CFR 63.37 Aeronautical experience requirements.
(a) Except as otherwise specified therein, the flight time used to
satisfy the aeronautical experience requirements of paragraph (b) of
this section must have been obtained on an airplane --
(1) On which a flight engineer is required by this chapter; or
(2) That has at least three engines that are rated at least 800
horsepower each or the equivalent in turbine-powered engines.
(b) An applicant for a flight engineer certificate with a class
rating must present, for the class rating sought, satisfactory evidence
of one of the following:
(1) At least 3 years of diversified practical experience in aircraft
and aircraft engine maintenance (of which at least 1 year was in
maintaining multiengine aircraft with engines rated at least 800
horsepower each, or the equivalent in turbine engine powered aircraft),
and at least 5 hours of flight training in the duties of a flight
engineer.
(2) Graduation from at least a 2-year specialized aeronautical
training course in maintaining aircraft and aircraft engines (of which
at least 6 calendar months were in maintaining multiengine aircraft with
engines rated at least 800 horsepower each or the equivalent in turbine
engine powered aircraft), and at least 5 hours of flight training in the
duties of a flight engineer.
(3) A degree in aeronautical, electrical, or mechanical engineering
from a recognized college, university, or engineering school; at least
6 calendar months of practical experience in maintaining multiengine
aircraft with engines rated at least 800 horsepower each, or the
equivalent in turbine engine powered aircraft; and at least 5 hours of
flight training in the duties of a flight engineer.
(4) At least a commercial pilot certificate with an instrument rating
and at least 5 hours of flight training in the duties of a flight
engineer.
(5) At least 200 hours of flight time in a transport category
airplane (or in a military airplane with at least two engines and at
least equivalent weight and horsepower) as pilot in command or second in
command performing the functions of a pilot in command under the
supervision of a pilot in command.
(6) At least 100 hours of flight time as a flight engineer.
(7) Within the 90-day period before he applies, successful completion
of an approved flight engineer ground and flight course of instruction
as provided in appendix C of this part.
(Sec. 6, 80 Stat. 937, 49 U.S.C. 1655)
(Doc. No. 6458, Amdt. 63-3, 30 FR 14559, Nov. 23, 1965, as amended by
Amdt. 63-5, 31 FR 9047, July 1, 1966; Amdt. 63-17, 40 FR 32830, Aug. 5,
1975)
14 CFR 63.39 Skill requirements.
(a) An applicant for a flight engineer certificate with a class
rating must pass a practical test on the duties of a flight engineer in
the class of airplane for which a rating is sought. The test may only
be given on an airplane specified in 63.37(a).
(b) The applicant must --
(1) Show that he can satisfactorily perform preflight inspection,
servicing, starting, pretakeoff, and postlanding procedures;
(2) In flight, show that he can satisfactorily perform the normal
duties and procedures relating to the airplane, airplane engines,
propellers (if appropriate), systems, and appliances; and
(3) In flight, in an airplane simulator, or in an approved flight
engineer training device, show that he can satisfactorily perform
emergency duties and procedures and recognize and take appropriate
action for malfunctions of the airplane, engines, propellers (if
appropriate), systems and appliances.
14 CFR 63.41 Retesting after failure.
An applicant for a flight engineer certificate who fails a written
test or practical test for that certificate may apply for retesting --
(a) After 30 days after the date he failed that test; or
(b) After he has received additional practice or instruction (flight,
synthetic trainer, or ground training, or any combination thereof) that
is necessary, in the opinion of the Administrator or the applicant's
instructor (if the Administrator has authorized him to determine the
additional instruction necessary) to prepare the applicant for
retesting.
14 CFR 63.42 Flight engineer certificate issued on basis of a foreign
flight engineer license.
(a) Certificates issued. The holder of a current foreign flight
engineer license issued by a contracting State to the Convention on
International Civil Aviation, who meets the requirements of this
section, may have a flight engineer certificate issued to him for the
operation of civil aircraft of U.S. registry. Each flight engineer
certificate issued under this section specifies the number and State of
issuance of the foreign flight engineer license on which it is based.
If the holder of the certificate cannot read, speak, or understand the
English language, the Administrator may place any limitation on the
certificate that he considers necessary for safety.
(b) Medical standards and certification. An applicant must submit
evidence that he currently meets the medical standards for the foreign
flight engineer license on which the application for a certificate under
this section is based. A current medical certificate issued under part
67 of this chapter will be excepted as evidence that the applicant meets
those standards. However, a medical certificate issued under part 67 of
this chapter is not evidence that the applicant meets those standards
outside the United States unless the State that issued the applicant's
foreign flight engineer license also accepts that medical certificate as
evidence of the applicant's physical fitness for his foreign flight
engineer license.
(c) Ratings issued. Aircraft class ratings listed on the applicant's
foreign flight engineer license, in addition to any issued to him after
testing under the provisions of this part, are placed on the applicant's
flight engineer certificate. An applicant without an aircraft class
rating on his foreign flight engineer license may be issued a class
rating if he shows that he currently meets the requirements for
exercising the privileges of his foreign flight engineer license on that
class of aircraft.
(d) Privileges and limitations. The holder of a flight engineer
certificate issued under this section may act as a flight engineer of a
civil aircraft of U.S. registry subject to the limitations of this part
and any additional limitations placed on his certificate by the
Administrator. He is subject to these limitations while he is acting as
a flight engineer of the aircraft within or outside the United States.
However, he may not act as flight engineer or in any other capacity as a
required flight crewmember, of a civil aircraft of U.S. registry that
is carrying persons or property for compensation or hire.
(e) Renewal of certificate and ratings. The holder of a certificate
issued under this section may have that certificate and the ratings
placed thereon renewed if, at the time of application for renewal, the
foreign flight engineer license on which that certificate is based is in
effect. Application for the renewal of the certificate and ratings
thereon must be made before the expiration of the certificate.
(Sec. 6, 80 Stat. 937, 49 U.S.C. 1655)
(Amdt. 63-9, 33 FR 18614, Dec. 17, 1968, as amended by Doc. No.
19300, Amdt. 63-20, 45 FR 5673, Jan. 24, 1980)
14 CFR 63.43 Flight engineer courses.
An applicant for approval of a flight engineer course must submit a
letter to the Administrator requesting approval, and must also submit
three copies of each course outline, a description of the facilities and
equipment, and a list of the instructors and their qualifications. An
air carrier or commercial operator with an approved flight engineer
training course under part 121 of this chapter may apply for approval of
a training course under this part by letter without submitting the
additional information required by this paragraph. Minimum requirements
for obtaining approval of a flight engineer course are set forth in
appendix C of this part.
14 CFR 63.43 Subpart C -- Flight Navigators
Authority: Secs. 313(a), 314, 601, and 607; 49 U.S.C. 1354(a),
1355, 1421, and 1427.
Source: Docket No. 1179, 27 FR 7970, Aug. 10, 1962, unless
otherwise noted.
14 CFR 63.51 Eligibility requirements; general.
To be eligible for a flight navigator certificate, a person must --
(a) Be at least 21 years of age;
(b) Be able to read, write, speak, and understand the English
language;
(c) Hold at least a second-class medical certificate issued under
part 67 of this chapter within the 12 months before the date he applies;
and
(d) Comply with 63.53, 63.55, and 63.57.
14 CFR 63.53 Knowledge requirements.
(a) An applicant for a flight navigator certificate must pass a
written test on --
(1) The regulations of this chapter that apply to the duties of a
flight navigator;
(2) The fundamentals of flight navigation, including flight planning
and cruise control;
(3) Practical meteorology, including analysis of weather maps,
weather reports, and weather forecasts; and weather sequence
abbreviations, symbols, and nomenclature;
(4) The types of air navigation facilities and procedures in general
use;
(5) Calibrating and using air navigation instruments;
(6) Navigation by dead reckoning;
(7) Navigation by celestial means;
(8) Navigation by radio aids;
(9) Pilotage and map reading; and
(10) Interpretation of navigation aid identification signals.
(b) A report of the test is mailed to the applicant. A passing grade
is evidence, for a period of 24 months after the test, that the
applicant has complied with this section.
(Doc. No. 1179, 27 FR 7970, Aug. 10 1962, as amended by Amdt. 63-19,
43 FR 22639, May 25, 1978)
14 CFR 63.55 Experience requirements.
(a) An applicant for a flight navigator certificate must be a
graduate of a flight navigator course approved by the Administrator or
present satisfactory documentary evidence of --
(1) Satisfactory determination of his position in flight at least 25
times by night by celestial observations and at least 25 times by day by
celestial observations in conjunction with other aids; and
(2) At least 200 hours of satisfactory flight navigation including
celestial and radio navigation and dead reckoning.
A pilot who has logged 500 hours of cross-country flight time, of
which at least 100 hours were at night, may be credited with not more
than 100 hours for the purposes of paragraph (a)(2) of this section.
(b) Flight time used exclusively for practicing long-range navigation
methods, with emphasis on celestial navigation and dead reckoning, is
considered to be satisfactory navigation experience for the purposes of
paragraph (a) of this section. It must be substantiated by a logbook,
by records of an armed force or a certificated air carrier, or by a
letter signed by a certificated flight navigator and attached to the
application.
14 CFR 63.57 Skill requirements.
(a) An applicant for a flight navigator certificate must pass a
practical test in navigating aircraft by --
(1) Dead reckoning;
(2) Celestial means; and
(3) Radio aids to navigation.
(b) An applicant must pass the written test prescribed by 63.53
before taking the test under this section. However, if a delay in
taking the test under this section would inconvenience the applicant or
an air carrier, he may take it before he receives the result of the
written test, or after he has failed the written test.
(c) The test requirements for this section are set forth in appendix
A of this part.
(Doc. No. 1179, 27 FR 7970, Aug. 10, 1962, as amended by Amdt.
63-19, 43 FR 22639, May 25, 1978)
14 CFR 63.59 Retesting after failure.
(a) An applicant for a flight navigator certificate who fails a
written or practical test for that certificate may apply for retesting
--
(1) After 30 days after the date he failed that test; or
(2) Before the 30 days have expired if the applicant presents a
signed statement from a certificated flight navigator, certificated
ground instructor, or any other qualified person approved by the
Administrator, certifying that that person has given the applicant
additional instruction in each of the subjects failed and that person
considers the applicant ready for retesting.
(b) A statement from a certificated flight navigator, or from an
operations official of an approved navigator course, is acceptable, for
the purposes of paragraph (a)(2) of this section, for the written test
and for the flight test. A statement from a person approved by the
Administrator is acceptable for the written tests. A statement from a
supervising or check navigator with the United States Armed Forces is
acceptable for the written test and for the practical test.
(c) If the applicant failed the flight test, the additional
instruction must have been administered in flight.
(Doc. No. 1179, 27 FR 7970, Aug. 10, 1962, as amended by Amdt.
63-19, 43 FR 22640, May 25, 1978)
14 CFR 63.61 Flight navigator courses.
An applicant for approval of a flight navigator course must submit a
letter to the Administrator requesting approval, and must also submit
three copies of the course outline, a description of his facilities and
equipment, and a list of the instructors and their qualifications.
Requirements for the course are set forth in appendix B to this part.
14 CFR 63.61 Pt. 63, App. A
14 CFR 63.61 Appendix A to Part 63 -- Test Requirements for Flight
Navigator Certificate
(a) Demonstration of skill. An applicant will be required to pass
practical tests on the prescribed subjects. These tests may be given by
FAA inspectors and designated flight navigator examiners.
(b) The examination. The practical examination consists of a ground
test and a flight test as itemized on the examination check sheet. Each
item must be completed satisfactorily in order for the applicant to
obtain a passing grade. Items 5, 6, 7 of the ground test may be
completed orally, and items 17, 22, 23, 34, 36, 37, 38, and 39 of the
flight test may be completed by an oral examination when a lack of
ground facilities or navigation equipment makes such procedure
necessary. In these cases a notation to that effect shall be made in
the ''Remarks'' space on the check sheet.
(c) Examination procedure. (1) An applicant will provide an aircraft
in which celestial observations can be taken in all directions. Minimum
equipment shall include a table for plotting, a drift meter or absolute
altimeter, an instrument for taking visual bearings, and a radio
direction finder.
(2) More than one flight may be used to complete the flight test and
any type of flight pattern may be used. The test will be conducted
chiefly over water whenever practicable, and without regard to radio
range legs or radials. If the test is conducted chiefly over land, a
chart should be used which shows very little or no topographical and
aeronautical data. The total flight time will cover a period of at
least four hours. Only one applicant may be examined at one time, and
no applicant may perform other than navigator duties during the
examination.
(3) When the test is conducted with an aircraft belonging to an air
carrier, the navigation procedures should conform with those set forth
in the carrier's operations manual. Items of the flight test which are
not performed during the routine navigation of the flight will be
completed by oral examination after the flight or at times during flight
which the applicant indicates may be used for tests on those items.
Since in-flight weather conditions, the reliability of the weather
forecast, and the stability of the aircraft will have considerable
effect on an applicant's performance, good judgment must be used by the
agent or examiner in evaluating the tests.
(d) Ground test. For the ground test, in the order of the numbered
items on the examination check sheet, an applicant will be required to:
(1) Identify without a star identifier, at least six navigational
stars and all planets available for navigation at the time of the
examination and explain the method of identification.
(2) Identify two additional stars with a star identifier or sky
diagrams and explain identification procedure.
(3) Precompute a time-altitude curve for a period of about 20 minutes
and take 10 single observations of a celestial body which is rising or
setting rapidly. The intervals between observations should be at least
one minute. Mark each observation on the graph to show accuracy. All
observations, after corrections, shall plot within 8 minutes of arc from
the time-altitude curve, and the average error shall not exceed 5
minutes of arc.
(4) Take and plot one 3-star fix and 3 LOP's of the sun. Plotted fix
or an average of LOP's must fall within 5 miles of the actual position
of the observer.
(5) Demonstrate or explain the compensation and swinging of a
liquid-type magnetic compass.
(6) Demonstrate or explain a method of aligning one type of drift
meter.
(7) Demonstrate or explain a method of aligning an astro-compass or
periscopic sextant.
(e) Flight test. For the flight test, in the order of the numbered
items on the examination check sheet, an applicant will be required to:
(1) Demonstrate his ability to read weather symbols and interpret
synoptic surface and upper air weather maps with particular emphasis
being placed on winds.
(2) Prepare a flight plan by zones from the forecast winds or
pressure data of an upper air chart and the operator's data.
(3) Compute from the operator's data the predicted fuel consumption
for each zone of the flight, including the alternate.
(4) Determine the point-of-no-return for the flight with all engines
running and the equitime point with one engine inoperative. Graphical
methods which are part of the company's operations manual may be used
for these computations.
(5) Prepare a cruise control (howgozit) chart from the operator's
data.
(6) Enter actual fuel consumed on the cruise control chart and
interpret the variations of the actual curve from the predicted curve.
(7) Check the presence on board and operating condition of all
navigation equipment. Normally a check list will be used. This check
will include a time tick or chronometer comparison. Any lack of
thoroughness during this check will justify this item being graded
unsatisfactory.
(8) Locate emergency equipment, such as, the nearest fire
extinguisher, life preserver, life rafts, exits, axe, first aid kits,
etc.
(9) Recite the navigator's duties and stations during emergencies for
the type of aircraft used for the test.
(10) Demonstrate the proper use of a flux gate compass or gyrosyn
compass (when available), with special emphasis on the caging methods
and the location of switches, circuit breakers, and fuses. If these
compasses are not part of the aircraft's equipment, an oral examination
will be given.
(11) Be accurate and use good judgment when setting and altering
headings. Erroneous application of variation, deviation, or drift
correction, or incorrect measurement of course on the chart will be
graded as unsatisfactory.
(12) Demonstrate or explain the use of characteristics of various
chart projections used in long-range air navigation, including the
plotting of courses and bearings, and the measuring of distances.
(13) Demonstrate ability to identify designated landmarks by the use
of a sectional or WAC chart.
(14) Use a computer with facility and accuracy for the computation of
winds, drift correction and drift angles, ground speeds, ETA's, fuel
loads, etc.
(15) Determine track, ground speed, and wind by the double drift
method. When a drift meter is not part of the aircraft's equipment, an
oral examination on the use of the drift meter and a double drift
problem shall be completed.
(16) Determine ground speed and wind by the timing method with a
drift meter. When a drift meter is not part of the aircraft's
equipment, an oral examination on the procedure and a problem shall be
completed.
(17) Demonstrate the use of air plot for determining wind between
fixes and for plotting pressure lines of position when using pressure
and absolute altimeter comparisons.
(18) Give ETA's to well defined check points at least once each hour
after the second hour of flight. The average error shall not be more
than 5 percent of the intervening time intervals, and the maximum error
of any one ETA shall not be more than 10 percent.
(19) Demonstrate knowledge and use of D/F equipment and radio
facility information. Grading on this item will be based largely on the
applicant's selection of those radio aids which will be of most value to
his navigation, the manner with which he uses equipment, including
filter box controls, and the precision with which he reads bearings.
The aircraft's compass heading and all compass corrections must be
considered for each bearing.
(20) Use care in tuning to radio stations to insure maximum reception
of signal and check for interference signals. Receiver will be checked
to ascertain that antenna and BFO (Voice-CW) switches are in correct
positions.
(21) Identify at least three radio stations using International Morse
code only for identification. The agent or examiner will tune in these
stations so that the applicant will have no knowledge of the direction,
distance, or frequency of the stations.
(22) Take at least one radio bearing by manual use of the loop. The
agent or examiner will check the applicant's bearing by taking a manual
bearing on the same station immediately after the applicant.
(23) Show the use of good judgment in evaluating radio bearings, and
explain why certain bearings may be of doubtful value.
(24) Determine and apply correctly the correction required to be made
to radio bearings before plotting them on a Mercator chart, and
demonstrate the ability to plot bearings accurately on charts of the
Mercator and Lambert conformal projections.
(25) Compute the compass heading, ETA, and fuel remaining if it is
assumed that the flight would be diverted to an alternate airport at a
time specified by the agent or examiner.
(26) Check the counter scales of a Loran receiver for accuracy, and
explain the basic (face) adjustments which affect tuning and counter
alignment. A guide sheet may be used for this test.
(27) Demonstrate a knowledge of the basic principle of Loran and the
ability to tune a Loran receiver, to match signals, to read time
differences, to plot Loran LOP's, and to identify and use sky waves.
(28) Take and plot bearings from a consol station and explain the
precautions which must be taken when tuning a radio receiver for consol
signals. Also, discuss those conditions which affect the reliability of
consol bearings.
(29) Demonstrate the ability to properly operate and read an absolute
altimeter.
(30) Determine the ''D'' factors for a series of compared readings of
an absolute altimeter and a pressure altimeter.
(31) Determine drift angle or lateral displacement from the true
headingline by application of Bellamy's formula or a variation thereof.
(32) Interpret the altimeter comparison data with respect to the
pressure system found at flight level. From this data evaluate the
accuracy of the prognostic weather map used for flight planning and
apply this analysis to the navigation of the flight.
(33) Interpret single LOP's for most probable position, and show how
a series of single LOP's of the same body may be used to indicate the
probable track and ground speed. Also, show how a series of single
LOP's (celestial or radio) from the same celestial body or radio station
may be used to determine position when the change of azimuth or bearing
is 30 or more between observations.
(34) Select one of the celestial LOP's used during the flight and
explain how to make a single line of position approach to a point
selected by the agent or examiner, giving headings, times, and ETA's.
(35) Demonstrate the proper use of an astro-compass or periscopic
sextant for taking bearings.
(36) Determine compass deviation as soon as possible after reaching
cruising altitude and whenever there is a change of compass heading of
15 or more.
(37) Take celestial fixes at hourly intervals when conditions permit.
The accuracy of these fixes shall be checked by means of a Loran,
radio, or visual fix whenever practicable. After allowing for the
probable error of a Loran, radio, or visual fix, a celestial fix under
favorable conditions should plot within 10 miles of the actual position.
(38) Select celestial bodies for observation, when possible, whose
azimuths will differ by approximately 120 for a 3-body fix and will
differ by approximately 90 for a 2-body fix. The altitudes of the
selected bodies should be between 25 and 75 whenever practicable.
(39) Have POMAR and any other required reports ready for transmission
at time of schedule, and be able to inform the pilot in command promptly
with regard to the aircraft's position and progress in comparison with
the flight plan.
(40) Keep a log with sufficient legible entries to provide a record
from which the flight could be retraced.
(41) Note significant weather changes which might influence the drift
or ground speed of the aircraft, such as, temperature, ''D'' factors,
frontal conditions, turbulence, etc.
(42) Determine the wind between fixes as a regular practice.
(43) Estimate the time required and average ground speed during a
letdown, under conditions specified by the pilot in command.
(44) Work with sufficient speed to determine the aircraft's position
hourly by celestial means and also make all other observations and
records pertinent to the navigation. The applicant should be able to
take the observation, compute, and plot a celestial LOP within a time
limit of 8 minutes; take and plot a Loran LOP within a time limit of 3
minutes for ground waves and 4 minutes for sky waves; observe the
absolute and pressure altimeters and compute the drift or lateral
displacement within a time limit of 3 minutes.
(45) Be accurate in reading instruments and making computations.
Errors which are made and corrected without affecting the navigation
will be disregarded unless they cause considerable loss of time.
An uncorrected error in computation (including reading instruments
and books) which will affect the reported position more than 25 miles,
the heading more than 3 , or any ETA more than 15 minutes will cause
this item to be graded unsatisfactory.
(46) Be alert to changing weather or other conditions during flight
which might affect the navigation. An applicant should not fail to take
celestial observations just prior to encountering a broken or overcast
sky condition; and he should not fail to take a bearing on a radio
station, which operates at scheduled intervals and which would be a
valuable aid to the navigation.
(47) Show a logical choice and sequence in using the various
navigation methods according to time and accuracy, and check the
positions determined by one method against positions determined by other
methods.
(48) Use a logical sequence in performing the various duties of a
navigator and plan work according to a schedule. The more important
duties should not be neglected for others of less importance.
14 CFR 63.61 Pt. 63, App. B
14 CFR 63.61 Appendix B to Part 63 -- Flight Navigator Training Course
Requirements
(a) Training course outline -- (1) Format. The ground course outline
and the flight course outline shall be combined in one looseleaf binder
and shall include a table of contents, divided into two parts -- ground
course and flight course. Each part of the table of contents must
contain a list of the major subjects, together with hours allotted to
each subject and the total classroom and flight hours.
(2) Ground course outline. (i) It is not mandatory that a course
outline have the subject headings arranged exactly as listed in this
paragraph. Any arrangement of general headings and subheadings will be
satisfactory provided all the subject material listed here is included
and the acceptable minimum number of hours is assigned to each subject.
Each general subject shall be broken down into detail showing items to
be covered.
(ii) If any agency desires to include additional subjects in the
ground training curriculum, such as international law, flight hygiene,
or others which are not required, the hours allotted these additional
subjects may not be included in the minimum classroom hours.
(iii) The following subjects with classroom hours are considered the
minimum coverage for a ground training course for flight navigators:
(3) Flight course outline. (i) A minimum of 150 hours of supervised
flight training shall be given, of which at least 50 hours of flight
training must be given at night, and celestial navigation must be used
during flights which total at least 125 hours.
(ii) A maximum of 50 hours of the required flight training may be
obtained in acceptable types of synthetic flight navigator training
devices.
(iii) Flights should be at least four hours in length and should be
conducted off civil airways. Some training on long-range flights is
desirable, but is not required. There is no limit to the number of
students that may be trained on one flight, but at least one astrodrome
or one periscopic sextant mounting must be provided for each group of
four students.
(iv) Training must be given in dead reckoning, pilotage, radio
navigation, celestial navigation, and the use of the absolute altimeter.
(b) Equipment. (1) Classroom equipment shall include one table at
least 24'' 32'' in dimensions for each student.
(2) Aircraft suitable for the flight training must be available to
the approved course operator to insure that the flight training may be
completed without undue delay.
The approved course operator may contract or obtain written
agreements with aircraft operators for the use of suitable aircraft. A
copy of the contract or written agreement with an aircraft operator
shall be attached to each of the three copies of the course outline
submitted for approval. In all cases, the approved course operator is
responsible for the nature and quality of instruction given during
flight.
(c) Instructors. (1) Sufficient classroom instructors must be
available to prevent an excessive ratio of students to instructors. Any
ratio in excess of 20 to 1 will be considered unsatisfactory.
(2) At least one ground instructor must hold a valid flight navigator
certificate, and be utilized to coordinate instruction of ground school
subjects.
(3) Each instructor who conducts flight training must hold a valid
flight navigator certificate.
(d) Revision of training course. (1) Requests for revisions to
course outlines, facilities, and equipment shall follow procedures for
original approval of the course. Revisions should be submitted in such
form that an entire page or pages of the approved outline can be removed
and replaced by the revisions.
(2) The list of instructors may be revised at any time without
request for approval, provided the minimum requirement of paragraph (e)
of this section is maintained.
(e) Credit for previous training and experience. (1) Credit may be
granted by an operator to students for previous training and experience
which is provable and comparable to portions of the approved curriculum.
When granting such credit, the approved course operator should be fully
cognizant of the fact that he is responsible for the proficiency of his
graduates in accordance with subdivision (i) of paragraph (3) of this
section.
(2) Where advanced credit is allowed, the operator shall evaluate the
student's previous training and experience in accordance with the normal
practices of accredited technical schools. Before credit is given for
any ground school subject or portion thereof, the student must pass an
appropriate examination given by the operator. The results of the
examination, the basis for credit allowance, and the hours credited
shall be incorporated as a part of the student's records.
(3) Credit up to a maximum of 50 hours toward the flight training
requirement may be given to pilots who have logged at least 500 hours
while a member of a flight crew which required a certificated flight
navigator or the Armed Forces equivalent. A similar credit may also be
given to a licensed deck officer of the Maritime Service who has served
as such for at least one year on ocean-going vessels. One-half of the
flight time credited under the terms of this paragraph may be applied
toward the 50 hours of flight training required at night.
(f) Students records and reports. Approval of a course shall not be
continued in effect unless the course operator keeps an accurate record
of each student, including a chronological log of all instruction,
subjects covered and course examinations and grades, and unless he
prepares and transmits to the local Flight Standards District Office not
later than January 31 of each year, a report containing the following
information for the previous calendar year:
(1) The names of all students graduated, together with their school
grades for ground and flight subjects.
(2) The names of all students failed or dropped, together with their
school grades and reasons for dropping.
(g) Quality of instruction. Approval of a course shall not be
continued in effect unless at least 80 percent of the students who apply
within 90 days after graduation are able to qualify on the first attempt
for certification as flight navigators.
(h) Statement of graduation. Each student who successfully completes
an approved flight navigator course shall be given a statement of
graduation.
(i) Inspections. Approved course operations will be inspected by
authorized representatives of the Administrator as often as deemed
necessary to insure that instruction is maintained at the required
standards, but the period between inspections shall not exceed 12
months.
(j) Change of ownership, name, or location -- (1) Change of
ownership. Approval of a flight navigator course shall not be continued
in effect after the course has changed ownership. The new owner must
obtain a new approval by following the procedure prescribed for original
approval.
(2) Change in name. An approved course changed in name but not
changed in ownership shall remain valid if the change is reported by the
approved course operator to the local Flight Standards District Office.
A letter of approval under the new name will be issued by the regional
office.
(3) Change in location. An approved course shall remain in effect
even though the approved course operator changes location if the change
is reported without delay by the operator to the local Flight Standards
District Office, which will inspect the facilities to be used. If they
are found to be adequate, a letter of approval showing the new location
will be issued by the regional office.
(k) Cancellation of approval. (1) Failure to meet or maintain any of
the requirements set forth in this section for the approval or operation
of an approved flight navigator course shall be considered sufficient
reason for cancellation of the approval.
(2) If an operator should desire voluntary cancellation of his
approved course, he should submit the effective letter of approval and a
written request for cancellation to the Administrator through the local
Flight Standards District Office.
(l) Duration. The authority to operate an approved flight navigator
course shall expire 24 months after the last day of the month of
issuance.
(m) Renewal. Application for renewal of authority to operate an
approved flight navigator course may be made by letter to the local
Flight Standards District Office at any time within 60 days before to
the expiration date. Renewal of approval will depend upon the course
operator meeting the current conditions for approval and having a
satisfactory record as an operator.
(Doc. No. 1179, 27 FR 7970, Aug. 10, 1962, as amended by Amdt. 63-6,
31 FR 9211, July 6, 1966; Amdt. 63-28, 54 FR 39291, Sept. 25, 1989)
14 CFR 63.61 Pt. 63, App. C
14 CFR 63.61 Appendix C to Part 63 -- Flight Engineer Training Course
Requirements
(a) Training course outline -- (1) Format. The ground course outline
and the flight course outline are independent. Each must be contained
in a looseleaf binder to include a table of contents. If an applicant
desires approval of both a ground school course and a flight school
course, they must be combined in one looseleaf binder that includes a
separate table of contents for each course. Separate course outlines
are required for each type of airplane.
(2) Ground course outline. (i) It is not mandatory that the subject
headings be arranged exactly as listed in this paragraph. Any
arrangement of subjects is satisfactory if all the subject material
listed here is included and at least the minimum programmed hours are
assigned to each subject. Each general subject must be broken down into
detail showing the items to be covered.
(ii) If any course operator desires to include additional subjects in
the ground course curriculum, such as international law, flight hygiene,
or others that are not required, the hours allotted these additional
subjects may not be included in the minimum programmed classroom hours.
(iii) The following subjects and classroom hours are the minimum
programmed coverage for the initial approval of a ground training course
for flight engineers. Subsequent to initial approval of a ground
training course an applicant may apply to the Administrator for a
reduction in the programmed hours. Approval of a reduction in the
approved programmed hours is based on improved training effectiveness
due to improvements in methods, training aids, quality of instruction,
or any combination thereof.
The above subjects, except Theory of Flight and Aerodynamics, and
Regulations must apply to the same type of airplane in which the student
flight engineer is to receive flight training.
(3) Flight Course Outline. (i) The flight training curriculum must
include at least 10 hours of flight instruction in an airplane specified
in 63.37(a). The flight time required for the practical test may not be
credited as part of the required flight instruction.
(ii) All of the flight training must be given in the same type
airplane.
(iii) As appropriate to the airplane type, the following subjects
must be taught in the flight training course:
To include as appropriate:
Airplane preflight.
Engine starting, power checks, pretakeoff, postlanding and shut-down
procedures.
Power control.
Temperature control.
Engine operation analysis.
Operation of all systems.
Fuel management.
Logbook entries.
Pressurization and air conditioning.
To include:
Analysis of abnormal engine operation.
Analysis of abnormal operation of all systems.
Corrective action.
To include as appropriate:
Engine fire control.
Fuselage fire control.
Smoke control.
Loss of power or pressure in each system.
Engine overspeed.
Fuel dumping.
Landing gear, spoilers, speed brakes, and flap extension and
retraction.
Engine shut-down and restart.
Use of oxygen.
(iv) If the Administrator finds a simulator or flight engineer
training device to accurately reproduce the design, function, and
control characteristics, as pertaining to the duties and
responsibilities of a flight engineer on the type of airplane to be
flown, the flight training time may be reduced by a ratio of 1 hour of
flight time to 2 hours of airplane simulator time, or 3 hours of flight
engineer training device time, as the case may be, subject to the
following limitations:
(a) Except as provided in subdivision (b) of this paragraph, the
required flight instruction time in an airplane may not be less than 5
hours.
(b) As to a flight engineer student holding at least a commercial
pilot certificate with an instrument rating, airplane simulator or a
combination of airplane simulator and flight engineer training device
time may be submitted for up to all 10 hours of the required flight
instruction time in an airplane. However, not more than 15 hours of
flight engineer training device time may be substituted for flight
instruction time.
(v) To obtain credit for flight training time, airplane simulator
time, or flight engineer training device time, the student must occupy
the flight engineer station and operate the controls.
(b) Classroom equipment. Classroom equipment should consist of
systems and procedural training devices, satisfactory to the
Administrator, that duplicate the operation of the systems of the
airplane in which the student is to receive his flight training.
(c) Contracts or agreements. (1) An approved flight engineer course
operator may contract with other persons to obtain suitable airplanes,
airplane simulators, or other training devices or equipment.
(2) An operator who is approved to conduct both the flight engineer
ground course and the flight engineer flight course may contract with
others to conduct one course or the other in its entirety but may not
contract with others to conduct both courses for the same airplane type.
(3) An operator who has approval to conduct a flight engineer ground
course or flight course for a type of airplane, but not both courses,
may not contract with another person to conduct that course in whole or
in part.
(4) An operator who contracts with another to conduct a flight
engineer course may not authorize or permit the course to be conducted
in whole or in part by a third person.
(5) In all cases, the course operator who is approved to operate the
course is responsible for the nature and quality of the instruction
given.
(6) A copy of each contract authorized under this paragraph must be
attached to each of the 3 copies of the course outline submitted for
approval.
(d) Instructors. (1) Only certificated flight engineers may give the
flight instruction required by this appendix in an airplane, simulator,
or flight engineer training device.
(2) There must be a sufficient number of qualified instructors
available to prevent an excess ratio of students to instructors.
(e) Revisions. (1) Requests for revisions of the course outlines,
facilities or equipment must follow the procedures for original approval
of the course. Revisions must be submitted in such form that an entire
page or pages of the approved outline can be removed and replaced by the
revisions.
(2) The list of instructors may be revised at any time without
request for approval, if the requirements of paragraph (d) of this
appendix are maintained.
(f) Ground school credits. (1) Credit may be granted a student in
the ground school course by the course operator for comparable previous
training or experience that the student can show by written evidence:
however, the course operator must still meet the quality of instruction
as described in paragraph (h) of this appendix.
(2) Before credit for previous training or experience may be given,
the student must pass a test given by the course operator on the subject
for which the credit is to be given. The course operator shall
incorporate results of the test, the basis for credit allowance, and the
hours credited as part of the student's records.
(g) Records and reports. (1) The course operator must maintain, for
at least two years after a student graduates, fails, or drops from a
course, a record of the student's training, including a chronological
log of the subject course, attendance examinations, and grades.
(2) Except as provided in paragraph (3) of this section, the course
operator must submit to the Administrator, not later than January 31 of
each year, a report for the previous calendar year's training, to
include:
(i) Name, enrollment and graduation date of each student;
(ii) Ground school hours and grades of each student;
(iii) Flight, airplane simulator, flight engineer training device
hours, and grades of each student; and
(iv) Names of students failed or dropped, together with their school
grades and reasons for dropping.
(3) Upon request, the Administrator may waive the reporting
requirements of paragraph (2) of this section for an approved flight
engineer course that is part of an approved training course under
subpart N of part 121 of this chapter.
(h) Quality of instruction. (1) Approval of a ground course is
discontinued whenever less than 80 percent of the students pass the FAA
written test on the first attempt.
(2) Approval of a flight course is discontinued whenever less than 80
percent of the students pass the FAA practical test on the first
attempt.
(3) Notwithstanding paragraphs (1) and (2) of this section, approval
of a ground or flight course may be continued when the Administrator
finds --
(i) That the failure rate was based on less than a representative
number of students; or
(ii) That the course operator has taken satisfactory means to improve
the effectiveness of the training.
(i) Time limitation. Each student must apply for the written test
and the flight test within 90 days after completing the ground school
course.
(j) Statement of course completion. (1) The course operator shall
give to each student who successfully completes an approved flight
engineer ground school training course, and passes the FAA written test,
a statement of successful completion of the course that indicates the
date of training, the type of airplane on which the ground course
training was based, and the number of hours received in the ground
school course.
(2) The course operator shall give each student who successfully
completes an approved flight engineer flight course, and passed the FAA
practical test, a statement of successful completion of the flight
course that indicates the dates of the training, the type of airplane
used in the flight course, and the number of hours received in the
flight course.
(3) A course operator who is approved to conduct both the ground
course and the flight course may include both courses in a single
statement of course completion if the provisions of paragraphs (1) and
(2) of this section are included.
(4) The requirements of this paragraph do not apply to an air carrier
or commercial operator with an approved training course under part 121
of this chapter providing the student receives a flight engineer
certificate upon completion of that course.
(k) Inspections. Each course operator shall allow the Administrator
at any time or place, to make any inspection necessary to ensure that
the quality and effectiveness of the instruction are maintained at the
required standards.
(l) Change of ownership, name, or location. (1) Approval of a flight
engineer ground course or flight course is discontinued if the ownership
of the course changes. The new owner must obtain a new approval by
following the procedure prescribed for original approval.
(2) Approval of a flight engineer ground course or flight course does
not terminate upon a change in the name of the course that is reported
to the Administrator within 30 days. The Administrator issues a new
letter of approval, using the new name, upon receipt of notice within
that time.
(3) Approval of a flight engineer ground course or flight course does
not terminate upon a change in location of the course that is reported
to the Administrator within 30 days. The Administrator issues a new
letter of approval, showing the new location, upon receipt of notice
within that time, if he finds the new facilities to be adequate.
(m) Cancellation of approval. (1) Failure to meet or maintain any of
the requirements of this appendix for the approval of a flight engineer
ground course or flight course is reason for cancellation of the
approval.
(2) If a course operator desires to voluntarily terminate the course,
he should notify the Administrator in writing and return the last letter
of approval.
(n) Duration. Except for a course operated as part of an approved
training course under subpart N of part 121 of this chapter, the
approval to operate a flight engineer ground course or flight course
terminates 24 months after the last day of the month of issue.
(o) Renewal. (1) Renewal of approval to operate a flight engineer
ground course or flight course is conditioned upon the course operator's
meeting the requirements of this appendix.
(2) Application for renewal may be made to the Administrator at any
time after 60 days before the termination date.
(p) Course operator approvals. An applicant for approval of a flight
engineer ground course, or flight course, or both, must meet all of the
requirements of this appendix concerning application, approval, and
continuing approval of that course or courses.
(q) Practical test eligibility. An applicant for a flight engineer
certificate and class rating under the provisions of 63.37(b)(6) is not
eligible to take the practical test unless he has successfully completed
an approved flight engineer ground school course in the same type of
airplane for which he has completed an approved flight engineer flight
course.
(Amdt. 63-3, 30 FR 14560, Nov. 23, 1965, as amended by Amdt. 63-15,
37 FR 9758, May 17, 1972)
14 CFR 63.61 Pt. 65
14 CFR 63.61 PART 65 -- CERTIFICATION: AIRMEN OTHER THAN FLIGHT
CREWMEMBERS
SFAR 58 (Note)
SFAR 63
14 CFR 63.61 Subpart A -- General
Sec.
65.1 Applicability.
65.3 Certification of foreign airmen other than flight crewmembers.
65.11 Application and issue.
65.12 Offenses involving alcohol or drugs.
65.13 Temporary certificate.
65.15 Duration of certificates.
65.16 Change of name: Replacement of lost or destroyed certificate.
65.17 Tests: General procedure.
65.18 Written tests: Cheating or other unauthorized conduct.
65.19 Retesting after failure.
65.20 Applications, certificates, logbooks reports, and records:
Falsification reproduction, or alteration.
65.21 Change of address.
65.23 Refusal to submit to a drug test.
14 CFR 63.61 Subpart B -- Air-Traffic Control Tower Operators
65.31 Required certificates, and rating or qualification.
65.33 Eligibility requirements: General.
65.35 Knowledge requirements.
65.37 Skill requirements: Operating positions.
65.39 Practical experience requirements: Facility rating.
65.41 Skill requirements: Facility ratings.
65.43 Rating privileges and exchange.
65.45 Performance of duties.
65.46 Use of prohibited drugs.
65.47 Maximum hours.
65.49 General operating rules.
65.50 Currency requirements.
14 CFR 63.61 Subpart C -- Aircraft Dispatchers
65.51 Certificate required.
65.53 Eligibility requirements: General.
65.55 Knowledge requirements.
65.57 Experience requirements.
65.59 Skill requirements.
65.61 Aircraft dispatcher courses.
14 CFR 63.61 Subpart D -- Mechanics
65.71 Eligibility requirements: General.
65.73 Ratings.
65.75 Knowledge requirements.
65.77 Experience requirements.
65.79 Skill requirements.
65.80 Certificated aviation maintenance technician school students.
65.81 General privileges and limitations.
65.83 Recent experience requirements.
65.85 Airframe rating; additional privileges.
65.87 Powerplant rating; additional privileges.
65.89 Display of certificate.
65.91 Inspection authorization.
65.92 Inspection authorization: Duration.
65.93 Inspection authorization: Renewal.
65.95 Inspection authorization: Privileges and limitations.
14 CFR 63.61 Subpart E -- Repairmen
65.101 Eligibility requirements: General.
65.103 Repairman certificate: Privileges and limitations.
65.104 Repairman certificate -- experimental aircraft builder --
Eligibility, privileges and limitations.
65.105 Display of certificate.
14 CFR 63.61 Subpart F -- Parachute Riggers
65.111 Certificate required.
65.113 Eligibility requirements: General.
65.115 Senior parachute rigger certificate: Experience, knowledge,
and skill requirements.
65.117 Military riggers or former military riggers: Special
certification rule.
65.119 Master parachute rigger certificate: Experience, knowledge,
and skill requirements.
65.121 Type ratings.
65.123 Additional type ratings: Requirements.
65.125 Certificates: Privileges.
65.127 Facilities and equipment.
65.129 Performance standards.
65.131 Records.
65.133 Seal.
Appendix A to Part 65 -- Aircraft Dispatcher Courses
Authority: 49 U.S.C. App. 1354(a), 1355, 1421, 1422, and 1427; 49
U.S.C. 106(g).
Source: Docket No. 1179, 27 FR 7973, Aug. 10, 1962, unless
otherwise noted.
14 CFR 63.61 SFAR No. 58
Editorial Note: For the text of SFAR No. 58, see part 121 of this
chapter.
Desert Shield/Storm
1. Applicability.
2. Required documents.
3. Expiration date.
1. Applicability. Contrary provisions of part 65 notwithstanding,
under the procedures prescribed herein, Flight Standards District
Offices (FSDO) are authorized to accept an expired written test report
to show eligibility to take a practical test required under this Part
and/or renew an expired inspection authorization to show eligibility for
renewal under 65.93, provided --
a. The person is a civilian or military person who served in support
of Operation Desert Shield/Storm during the time period from August 2,
1990 to December 31, 1992;
b. The person's airman written test report and/or inspection
authorization expired within the time period from 60 days prior to
assignment to 60 days after reassignment from support of Operation
Desert Shield/Storm; and
c. The person completes the required practical test within 6 calendar
months following the date of reassignment from Operation Desert
Shield/Storm or by December 31, 1992, whichever date is sooner.
2. Required documents. The FSDO and applicant shall include one of
the following documents with the airman application, and the documents
must show the dates of assignment to and reassignment from support of
Operation Desert Shield/Storm:
a. Official government documents showing the person was a civilian on
official duty for the United States Government in support of Operation
Desert Shield/Storm during the time period from August 2, 1990 to
December 31, 1992;
b. Military orders showing the person was a member of the uniformed
services assigned to duty in support of Operation Desert Shield/Storm
during the time period from August 2, 1990 to December 31, 1992;
c. Military orders showing the person was an active member of the
National Guard or Reserve called to active duty in support of Operation
Desert Shield/Storm during the time period from August 2, 1990 to
December 31, 1992; or
d. A letter from the unit commander providing inclusive dates during
which the person served in support of Operation Desert Shield/Storm
during the time period from August 2, 1990 to December 31, 1992.
3. Expiration date. This SFAR expires December 31, 1992, unless
sooner superseded or rescinded.
(SFAR 63, 56 FR 27163, June 12, 1991)
14 CFR 63.61 Subpart A -- General
14 CFR 65.1 Applicability.
This part prescribes the requirements for issuing the following
certificates and associated ratings and the general operating rules for
the holders of those certificates and ratings:
(a) Air-traffic control-tower operators.
(b) Aircraft dispatchers.
(c) Mechanics.
(d) Repairmen.
(e) Parachute riggers.
14 CFR 65.3 Certification of foreign airmen other than flight
crewmembers.
A person who is neither a U.S. citizen nor a resident alien is issued
a certificate under subpart D of this part, outside the United States,
only when the Administrator finds that the certificate is needed for the
operation or continued airworthiness of a U.S.-registered civil
aircraft.
(Doc. 65-28, FR 35693, Aug. 16, 1982)
14 CFR 65.11 Application and issue.
(a) Application for a certificate and appropriate class rating, or
for an additional rating, under this part must be made on a form and in
a manner prescribed by the Administrator. Each person who is neither a
U.S. citizen nor a resident alien and who applies for a written or
practical test to be administered outside the United States or for any
certificate or rating issued under this part must show evidence that the
fee prescribed in appendix A of part 187 of this chapter has been paid.
(b) An applicant who meets the requirements of this part is entitled
to an appropriate certificate and rating.
(c) Unless authorized by the Administrator, a person whose air
traffic control tower operator, mechanic, or parachute rigger
certificate is suspended may not apply for any rating to be added to
that certificate during the period of suspension.
(d) Unless the order of revocation provides otherwise --
(1) A person whose air traffic control tower operator, aircraft
dispatcher, or parachute rigger certificate is revoked may not apply for
the same kind of certificate for 1 year after the date of revocation;
and
(2) A person whose mechanic or repairman certificate is revoked may
not apply for either of those kinds of certificates for 1 year after the
date of revocation.
(Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-9,
31 FR 13524, Oct. 20, 1966; Amdt. 65-28, 47 FR 35693, Aug. 16, 1982)
14 CFR 65.12 Offenses involving alcohol or drugs.
(a) A conviction for the violation of any Federal or state statute
relating to the growing, processing, manufacture, sale, disposition,
possession, transportation, or importation of narcotic drugs, marihuana,
or depressant or stimulant drugs or substances is grounds for --
(1) Denial of an application for any certificate or rating issued
under this part for a period of up to 1 year after the date of final
conviction; or
(2) Suspension or revocation of any certificate or rating issued
under this part.
(b) The commission of an act prohibited by 91.19(a) of this chapter
is grounds for --
(1) Denial of an application for a certificate or rating issued under
this part for a period of up to 1 year after the date of that act; or
(2) Suspension or revocation of any certificate or rating issued
under this part.
(Doc. No. 21956, Amdt. 65-29, 50 FR 15379, Apr. 17, 1985, as amended
by Amdt. 65-34, 54 FR 34330, Aug. 18, 1989)
14 CFR 65.13 Temporary certificate.
A certificate and ratings effective for a period of not more than 120
days may be issued to a qualified applicant, pending review of his
application and supplementary documents and the issue of the certificate
and ratings for which he applied.
(Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt.
65-23, 43 FR 22640, May 25, 1978)
14 CFR 65.15 Duration of certificates.
(a) Except for repairman certificates, a certificate or rating issued
under this part is effective until it is surrendered, suspended, or
revoked.
(b) Unless it is sooner surrendered, suspended, or revoked, a
repairman certificate is effective until the holder is relieved from the
duties for which the holder was employed and certificated.
(c) The holder of a certificate issued under this part that is
suspended, revoked, or no longer effective shall return it to the
Administrator.
(Amdt. 65-28, 47 FR 35693, Aug. 16, 1982)
14 CFR 65.16 Change of name: Replacement of lost or destroyed
certificate.
(a) An application for a change of name on a certificate issued under
this part must be accompanied by the applicant's current certificate and
the marriage license, court order, or other document verifying the
change. The documents are returned to the applicant after inspection.
(b) An application for a replacement of a lost or destroyed
certificate is made by letter to the Department of Transportation,
Federal Aviation Administration, Airman Certification Branch, Post
Office Box 25082, Oklahoma City, OK 73125. The letter must --
(1) Contain the name in which the certificate was issued, the
permanent mailing address (including zip code), social security number
(if any), and date and place of birth of the certificate holder, and any
available information regarding the grade, number, and date of issue of
the certificate, and the ratings on it; and
(2) Be accompanied by a check or money order for $2, payable to the
Federal Aviation Administration.
(c) An application for a replacement of a lost or destroyed medical
certificate is made by letter to the Department of Transportation,
Federal Aviation Administration, Civil Aeromedical Institute,
Aeromedical Certification Branch, Post Office Box 25082, Oklahoma City,
OK 73125, accompanied by a check or money order for $2.00.
(d) A person whose certificate issued under this part or medical
certificate, or both, has been lost may obtain a telegram from the FAA
confirming that it was issued. The telegram may be carried as a
certificate for a period not to exceed 60 days pending his receiving a
duplicate certificate under paragraph (b) or (c) of this section, unless
he has been notified that the certificate has been suspended or revoked.
The request for such a telegram may be made by prepaid telegram,
stating the date upon which a duplicate certificate was requested, or
including the request for a duplicate and a money order for the
necessary amount. The request for a telegraphic certificate should be
sent to the office prescribed in paragraph (b) or (c) of this section,
as appropriate. However, a request for both at the same time should be
sent to the office prescribed in paragraph (b) of this section.
(Amdt. 65-9, 31 FR 13524, Oct. 20, 1966, as amended by Doc. No.
8084, 32 FR 5769, Apr. 11, 1967; Amdt. 65-16, 35 FR 14075, Sept. 4,
1970; Amdt. 65-17, 36 FR 2865, Feb. 11, 1971)
14 CFR 65.17 Tests: General procedure.
(a) Tests prescribed by or under this part are given at times and
places, and by persons, designated by the Administrator.
(b) The minimum passing grade for each test is 70 percent.
14 CFR 65.18 Written tests: Cheating or other unauthorized conduct.
(a) Except as authorized by the Administrator, no person may --
(1) Copy, or intentionally remove, a written test under this part;
(2) Give to another, or receive from another, any part or copy of
that test;
(3) Give help on that test to, or receive help on that test from, any
person during the period that test is being given;
(4) Take any part of that test in behalf of another person;
(5) Use any material or aid during the period that test is being
given; or
(6) Intentionally cause, assist, or participate in any act prohibited
by this paragraph.
(b) No person who commits an act prohibited by paragraph (a) of this
section is eligible for any airman or ground instructor certificate or
rating under this chapter for a period of 1 year after the date of that
act. In addition, the commission of that act is a basis for suspending
or revoking any airman or ground instructor certificate or rating held
by that person.
(Amdt. 65-3, 30 FR 2196, Feb. 18, 1965)
14 CFR 65.19 Retesting after failure.
An applicant for a written, oral, or practical test for a certificate
and rating, or for an additional rating under this part, may apply for
retesting --
(a) After 30 days after the date the applicant failed the test; or
(b) Before the 30 days have expired if the applicant presents a
signed statement from an airman holding the certificate and rating
sought by the applicant, certifying that the airman has given the
applicant additional instruction in each of the subjects failed and that
the airman considers the applicant ready for retesting.
(Amdt. 65-23, 43 FR 22640, May 25, 1978)
14 CFR 65.20 Applications, certificates, logbooks, reports, and
records: Falsification, reproduction, or alteration.
(a) No person may make or cause to be made --
(1) Any fraudulent or intentionally false statement on any
application for a certificate or rating under this part;
(2) Any fraudulent or intentionally false entry in any logbook,
record, or report that is required to be kept, made, or used, to show
compliance with any requirement for any certificate or rating under this
part;
(3) Any reproduction, for fraudulent purpose, of any certificate or
rating under this part; or
(4) Any alteration of any certificate or rating under this part.
(b) The commission by any person of an act prohibited under paragraph
(a) of this section is a basis for suspending or revoking any airman or
ground instructor certificate or rating held by that person.
(Amdt. 65-3, 30 FR 2196, Feb. 18, 1965)
14 CFR 65.21 Change of address.
Within 30 days after any change in his permanent mailing address, the
holder of a certificate issued under this part shall notify the
Department of Transportation, Federal Aviation Administration, Airman
Certification Branch, Post Office Box 25082, Oklahoma City, OK 73125, in
writing, of his new address.
(Amdt. 65-16, 35 FR 14075, Sept. 4, 1970)
14 CFR 65.23 Refusal to submit to a drug test
(a) This section applies to --
(1) An employee who performs a function listed in appendix I to part
121 of this chapter for a part 121 certificate holder or a part 135
certificate holder;
(2) An employee who performs a function listed in appendix I to part
121 of this chapter for an operator as defined in 135.1(c) of this
chapter. An employee of a person conducting operations of foreign civil
aircraft navigated within the United States pursuant to part 375 or
emergency mail service operations pursuant to section 405(h) of the
Federal Aviation Act of 1958 is excluded from the requirements of this
section; and
(3) An employee of an air traffic control facility not operated by,
or under contract with, the FAA or the U.S. military.
(b) Refusal by the holder of a certificate issued under this part to
take a test for a drug specified in appendix I to part 121 of this
chapter, when requested by an employer as defined in that appendix or an
operator as defined in 135.1(c) of this chapter, under the
circumstances specified in that appendix is grounds for --
(1) Denial of an application for any certificate or rating issued
under this part for a period of up to 1 year after the date of that
refusal; and
(2) Suspension or revocation of any certificate or rating issued
under this part.
(Doc. No. 25148, Amdt. 65-32, 53 FR 47056, Nov. 21, 1988; 54 FR
1289, Jan. 12, 1989, as amended by Amdt. 65-33, 54 FR 15152, Apr. 14,
1989)
14 CFR 65.23 Subpart B -- Air Traffic Control Tower Operators
Source: Amdt. 65-15, 35 FR 12326, Aug. 1, 1970, unless otherwise
noted.
14 CFR 65.31 Required certificates, and rating or qualification.
No person may act as an air traffic control tower operator at an air
traffic control tower in connection with civil aircraft unless he --
(a) Holds an air traffic control tower operator certificate issued to
him under this subpart;
(b) Holds a facility rating for that control tower issued to him
under this subpart, or has qualified for the operating position at which
he acts and is under the supervision of the holder of a facility rating
for that control tower; and
For the purpose of this subpart, operating position means an air
traffic control function performed within or directly associated with
the control tower;
(c) Except for a person employed by the FAA or employed by, or on
active duty with, the Department of the Air Force, Army, or Navy or the
Coast Guard, holds at least a second-class medical certificate issued
under part 67 of this chapter.
(Amdt. 65-15, 35 FR 12326, Aug. 1, 1970, as amended by Amdt. 65-25,
45 FR 18911, Mar. 24, 1980; Amdt. 65-31, 52 FR 17518, May 8, 1987)
14 CFR 65.33 Eligibility requirements: General.
To be eligible for an air traffic control tower operator certificate
a person must --
(a) Be at least 18 years of age;
(b) Be of good moral character;
(c) Be able to read, write, and understand the English language and
speak it without accent or impediment of speech that would interfere
with two-way radio conversation;
(d) Except for a person employed by the FAA or employed by, or on
active duty with, the Department of the Air Force, Army, or Navy or the
Coast Guard, holds at least a second-class medical certificate issued
under part 67 of this chapter within the 12 months before the date
application is made; and
(e) Comply with 65.35.
(Amdt. 65-15, 35 FR 12326, Aug. 1, 1970, as amended by Amdt. 65-25,
45 FR 18911, Mar. 24, 1980; Amdt. 65-31, 52 FR 17518, May 8, 1987)
14 CFR 65.35 Knowledge requirements.
Each applicant for an air traffic control tower operator certificate
must pass a written test on --
(a) The flight rules in part 91 of this chapter:
(b) Airport traffic control procedures, and this subpart:
(c) En route traffic control procedures;
(d) Communications operating procedures;
(e) Flight assistance service;
(f) Air navigation, and aids to air navigation; and
(g) Aviation weather.
14 CFR 65.37 Skill requirements: Operating positions.
No person may act as an air traffic control tower operator at any
operating position unless he has passed a practical test on --
(a) Control tower equipment and its use;
(b) Weather reporting procedures and use of reports;
(c) Notices to Airmen, and use of the Airman's Information Manual;
(d) Use of operational forms;
(e) Performance of noncontrol operational duties; and
(f) Each of the following procedures that is applicable to that
operating position and is required by the person examining him:
(1) The airport, including rules, equipment, runways, taxiways, and
obstructions.
(2) The control zone, including terrain features, visual checkpoints,
and obstructions.
(3) Traffic patterns and associated procedures for use of
preferential runways and noise abatement.
(4) Operational agreements.
(5) The center, alternate airports, and those airways, routes,
reporting points, and air navigation aids used for terminal air traffic
control.
(6) Search and rescue procedures.
(7) Terminal air traffic control procedures and phraseology.
(8) Holding procedures, prescribed instrument approach, and departure
procedures.
(9) Radar alignment and technical operation.
(10) The application of the prescribed radar and nonradar separation
standard, as appropriate.
(Amdt. 65-15, 35 FR 12326, Aug. 1, 1991, as amended by Amdt. 65-36,
56 FR 65653, Dec. 17, 1991)
Effective Date Note: By Amdt. 65-36, 56 FR 65653, Dec. 17, 1991,
65.37 was amended by revising the introductory text to paragraph (f),
and paragraph (f)(2), effective September 16, 1993. For the convenience
of the user, the revised text follows.
65.37 Skill requirements: Operating positions.
(f) Each of the following procedures that is applicable to that
operating position and is required by the person performing the
examination:
(2) The terrain features, visual checkpoints, and obstructions within
the lateral boundaries of the surface areas of Class B, Class C, Class
D, or Class E airspace designated for the airport.
14 CFR 65.39 Practical experience requirements: Facility rating.
Each applicant for a facility rating at any air traffic control tower
must have satisfactorily served --
(a) As an air traffic control tower operator at that control tower
without a facility rating for at least 6 months; or
(b) As an air traffic control tower operator with a facility rating
at a different control tower for at least 6 months before the date he
applies for the rating.
However, an applicant who is a member of an Armed Force of the United
States meets the requirements of this section if he has satisfactorily
served as an air traffic control tower operator for at least 6 months.
(Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt.
65-19, 36 FR 21280, Nov. 5, 1971)
14 CFR 65.41 Skill requirements: Facility ratings.
Each applicant for a facility rating at an air traffic control tower
must have passed a practical test on each item listed in 65.37 of this
part that is applicable to each operating position at the control tower
at which the rating is sought.
14 CFR 65.43 Rating privileges and exchange.
(a) The holder of a senior rating on August 31, 1970, may at any time
after that date exchange his rating for a facility rating at the same
air traffic control tower. However, if he does not do so before August
31, 1971, he may not thereafter exercise the privileges of his senior
rating at the control tower concerned until he makes the exchange.
(b) The holder of a junior rating on August 31, 1970, may not control
air traffic, at any operating position at the control tower concerned,
until he has met the applicable requirements of 65.37 of this part.
However, before meeting those requirements he may control air traffic
under the supervision, where required, of an operator with a senior
rating (or facility rating) in accordance with 65.41 of this part in
effect before August 31, 1970.
14 CFR 65.45 Performance of duties.
(a) An air traffic control tower operator shall perform his duties in
accordance with the limitations on his certificate and the procedures
and practices prescribed in air traffic control manuals of the FAA, to
provide for the safe, orderly, and expeditious flow of air traffic.
(b) An operator with a facility rating may control traffic at any
operating position at the control tower at which he holds a facility
rating. However, he may not issue an air traffic clearance for IFR
flight without authorization from the appropriate facility exercising
IFR control at that location.
(c) An operator who does not hold a facility rating for a particular
control tower may act at each operating position for which he has
qualified, under the supervision of an operator holding a facility
rating for that control tower.
(Amdt. 65-15, 35 FR 12326, Aug. 1, 1970, as amended by Amdt. 65-16,
35 FR 14075, Sept. 4, 1970)
14 CFR 65.46 Use of prohibited drugs.
(a) The following definitions apply for the purposes of this section:
(1) An employee is a person who performs an air traffic control
function for an employer. For the purpose of this section, a person who
performs such a function pursuant to a contract with an employer is
considered to be performing that function for the employer.
(2) An employer means an air traffic control facility not operated
by, or under contract with, the FAA or the U.S. military that employs a
person to perform an air traffic control function.
(b) Each employer shall provide each employee performing a function
listed in appendix I to part 121 of this chapter and his or her
supervisor with the training specified in that appendix. No employer
may use any contractor to perform an air traffic control function unless
that contractor provides each of its employees performing that function
for the employer and his or her supervisor with the training specified
in that appendix.
(c) No employer may knowingly use any person to perform, nor may any
person perform for an employer, either directly or by contract, any air
traffic control function while that person has a prohibited drug, as
defined in appendix I to part 121 of this chapter, in his or her system.
(d) Except as provided in paragraph (e) of this section, no employer
may knowingly use any person to perform, nor may any person perform for
an employer, either directly or by contract, any air traffic control
function if that person failed a test or refused to submit to a test
required by appendix I to part 121 of this chapter given by a
certificate holder, by an employer, or by an operator as defined in
135.1(c) of this chapter.
(e) Paragraph (d) of this section does not apply to a person who has
received a recommendation to be hired or to return to duty from a
medical review officer in accordance with appendix I to part 121 of this
chapter or who has received a special issuance medical certificate after
evaluation by the Federal Air Surgeon for drug dependency in accordance
with part 67 of this chapter.
(f) Each employer shall test each of its employees who performs any
air traffic control function in accordance with appendix I to part 121
of this chapter. No employer may use any contractor to perform any air
traffic control function unless that contractor tests each employee
performing such a function for the employer in accordance with that
appendix.
(Doc. No. 25148, Amdt. 65-32, 53 FR 47056, Nov. 21, 1988)
14 CFR 65.47 Maximum hours.
Except in an emergency, a certificated air traffic control tower
operator must be relieved of all duties for at least 24 consecutive
hours at least once during each 7 consecutive days. Such an operator
may not serve or be required to serve --
(a) For more than 10 consecutive hours; or
(b) For more than 10 hours during a period of 24 consecutive hours,
unless he has had a rest period of at least 8 hours at or before the end
of the 10 hours of duty.
14 CFR 65.49 General operating rules.
(a) Except for a person employed by the FAA or employed by, or on
active duty with, the Department of the Air Force, Army, or Navy, or the
Coast Guard, no person may act as an air traffic control tower operator
under a certificate issued to him or her under this part unless he or
she has in his or her personal possession an appropriate current medical
certificate issued under part 67 of this chapter.
(b) Each person holding an air traffic control tower operator
certificate shall keep it readily available when performing duties in an
air traffic control tower, and shall present that certificate or his
medical certificate or both for inspection upon the request of the
Administrator or an authorized representative of the National
Transportation Safety Board, or of any Federal, State, or local law
enforcement officer.
(c) A certificated air traffic control tower operator who does not
hold a facility rating for a particular control tower may not act at any
operating position at the control tower concerned unless there is
maintained at that control tower, readily available to persons named in
paragraph (b) of this section, a current record of the operating
positions at which he has qualified.
(d) An air traffic control tower operator may not perform duties
under his certificate during any period of known physical deficiency
that would make him unable to meet the physical requirements for his
current medical certificate. However, if the deficiency is temporary,
he may perform duties that are not affected by it whenever another
certificated and qualified operator is present and on duty.
(e) A certificated air traffic control tower operator may not control
air traffic with equipment that the Administrator has found to be
inadequate.
(f) The holder of an air traffic control tower operator certificate,
or an applicant for one, shall, upon the reasonable request of the
Administrator, cooperate fully in any test that is made of him.
(Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt.
65-31, 52 FR 17519, May 8, 1987)
14 CFR 65.50 Currency requirements.
The holder of an air traffic control tower operator certificate may
not perform any duties under that certificate unless --
(a) He has served for at least three of the preceding 6 months as an
air traffic control tower operator at the control tower to which his
facility rating applies, or at the operating positions for which he has
qualified; or
(b) He has shown that he meets the requirements for his certificate
and facility rating at the control tower concerned, or for operating at
positions for which he has previously qualified.
14 CFR 65.50 Subpart C -- Aircraft Dispatchers
14 CFR 65.51 Certificate required.
(a) No person may serve as an aircraft dispatcher (exercising
responsibility with the pilot in command in the operational control of a
flight) in connection with any civil aircraft in air commerce unless he
has in his personal possession a current aircraft dispatcher certificate
issued under this subpart.
(b) Each person who holds an aircraft dispatcher certificate shall
present it for inspection upon the request of the Administrator or an
authorized representative of the National Transportation Safety Board,
or of any Federal, State, or local law enforcement officer.
(Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-9,
31 FR 13524, Oct. 20, 1966; 32 FR 5769, Apr. 11, 1967)
14 CFR 65.53 Eligibility requirements: General.
To be eligible for an aircraft dispatcher certificate, a person must
--
(a) Be at least 23 years of age;
(b) Be able to read, speak, and understand the English language, or
have an appropriate limitation placed on his certificate;
(c) Comply with 65.55, 65.57, and 65.59.
14 CFR 65.55 Knowledge requirements.
(a) An applicant for an aircraft dispatcher certificate must pass a
written test on --
(1) The regulations of this chapter that apply to the duties of an
aircraft dispatcher;
(2) The general system of collecting and disseminating weather
information;
(3) Interpreting aviation weather reports, including abbreviations
and symbols, as prescribed in ''National Weather Service Federal
Meteorological Handbook No. 1,'' as amended;
(4) The fundamentals of meteorology as applied to aircraft
operations, particularly as to --
(i) Surface and upper air weather maps and general characteristics of
air masses, pressure systems, and frontal systems, including their
symbols and nomenclature;
(ii) Cloud forms and their significance; and
(iii) Icing, turbulence, thunderstorms, fog and low ceilings, winds
aloft, pressure pattern flying, the influence of terrain on
meteorological conditions, and general principles of forecasting and
analysis;
(5) Principles of aircraft navigation with particular respect to
instrument operation and procedures;
(6) Communications facilities and procedures;
(7) Air navigation facilities and procedures; and
(8) Air traffic control procedures.
(b) A report of the test is sent to the applicant. A passing grade
is evidence, for a period of 24 months after the date the test is given,
that the applicant has complied with this section.
(Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt.
65-18, 36 FR 13911, July 28, 1971)
14 CFR 65.57 Experience requirements.
An applicant for an aircraft dispatcher certificate must present
documentary evidence satisfactory to the Administrator that he has the
experience prescribed in any one of the following paragraphs:
(a) A total of at least 2 of the 3 years before the date he applies,
in scheduled air carrier operations, scheduled military aviation
operations, or any other aircraft operations that the Administrator
finds provides equivalent experience --
(1) As a pilot member of a flight crew;
(2) As a flight radio operator or ground radio operator;
(3) As a flight navigator;
(4) As a meteorologist;
(5) Performing the duties of an aircraft dispatcher or his assistant;
or
(6) Performing other duties that the Administrator finds provide
equivalent experience.
(b) A total of at least 2 of the 3 years before the date he applies,
as an air route traffic controller or a certificated air-traffic
control-tower operator.
(c) A total of at least 1 of the 2 years before the date he applies,
as an assistant in dispatching scheduled air carrier aircraft performing
the duties of an aircraft dispatcher under the direct supervision of a
certificated dispatcher.
(d) Within 90 days before the date he applies, successful completion
of a course of instruction approved by the Administrator as adequate for
the training of an aircraft dispatcher.
An applicant is entitled to credit any combination of experience in
paragraph (a), or paragraphs (a) and (b), of this section, if the
aggregate of that experience is at least 2 years.
14 CFR 65.59 Skill requirements.
An applicant for an aircraft dispatcher certificate must pass a
practical test --
(a) With respect to any one type of large aircraft used in air
carrier operations, on --
(1) Weight and balance limitations;
(2) Performance operating limitations;
(3) Using cruise control charts;
(4) Fuel and oil capacities and rates of consumption; and
(5) Using the operations manual;
(b) On the characteristics of air routes and airports with particular
reference to --
(1) Landing areas;
(2) Lighting facilities; and
(3) Approach and landing facilities and procedures;
(c) On the use and limitations of sensitive-type altimeters;
(d) On applying available weather forecasts and reports to determine
whether a flight can be made safely;
(e) On using the Airman's Guide and the Flight Information Manual;
(f) On dispatching and assisting a flight under adverse weather
conditions; and
(g) On emergency procedures.
14 CFR 65.61 Aircraft dispatcher courses.
An applicant for approval of an aircraft dispatcher course shall
submit a letter to the Administrator requesting approval, and shall also
submit three copies of the course outline, a description of his
equipment and facilities and a list of the instructors and their
qualifications. Requirements for the course and the outline are set
forth in appendix A to this part.
14 CFR 65.61 Subpart D -- Mechanics
14 CFR 65.71 Eligibility requirements: General.
(a) To be eligible for a mechanic certificate and associated ratings,
a person must --
(1) Be at least 18 years of age;
(2) Be able to read, write, speak, and understand the English
language, or in the case of an applicant who does not meet this
requirement and who is employed outside of the United States by a U.S.
air carrier, have his certificate endorsed ''Valid only outside the
United States'';
(3) Have passed all of the prescribed tests within a period of 24
months; and
(4) Comply with the sections of this subpart that apply to the rating
he seeks.
(b) A certificated mechanic who applies for an additional rating must
meet the requirements of 65.77 and, within a period of 24 months, pass
the tests prescribed by 65.75 and 65.79 for the additional rating
sought.
(Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-6,
31 FR 5950, Apr. 19, 1966)
14 CFR 65.73 Ratings.
(a) The following ratings are issued under this subpart:
(1) Airframe.
(2) Powerplant.
(b) A mechanic certificate with an aircraft or aircraft engine
rating, or both, that was issued before, and was valid on, June 15,
1952, is equal to a mechanic certificate with an airframe or powerplant
rating, or both, as the case may be, and may be exchanged for such a
corresponding certificate and rating or ratings.
14 CFR 65.75 Knowledge requirements.
(a) Each applicant for a mechanic certificate or rating must, after
meeting the applicable experience requirements of 65.77, pass a written
test covering the construction and maintenance of aircraft appropriate
to the rating he seeks, the regulations in this subpart, and the
applicable provisions of parts 43 and 91 of this chapter. The basic
principles covering the installation and maintenance of propellers are
included in the powerplant test.
(b) The applicant must pass each section of the test before applying
for the oral and practical tests prescribed by 65.79. A report of the
written test is sent to the applicant.
(Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-1,
27 FR 10410, Oct. 25, 1962; Amdt. 65-6, 31 FR 5950, Apr. 19, 1966)
14 CFR 65.77 Experience requirements.
Each applicant for a mechanic certificate or rating must present
either an appropriate graduation certificate or certificate of
completion from a certificated cated aviation maintenance technician
school or documentary evidence, satisfactory to the Administrator, of --
(a) At least 18 months of practical experience with the procedures,
practices, materials, tools, machine tools, and equipment generally used
in constructing, maintaining, or altering airframes, or powerplants
appropriate to the rating sought; or
(b) At least 30 months of practical experience concurrently
performing the duties appropriate to both the airframe and powerplant
ratings.
(Doc. No. 1179, 27 FR, 7973, Aug. 10, 1962, as amended by Amdt.
65-14, 35 FR, 5533, Apr. 3, 1970)
14 CFR 65.79 Skill requirements.
Each applicant for a mechanic certificate or rating must pass an oral
and a practical test on the rating he seeks. The tests cover the
applicant's basic skill in performing practical projects on the subjects
covered by the written test for that rating. An applicant for a
powerplant rating must show his ability to make satisfactory minor
repairs to, and minor alterations of, propellers.
14 CFR 65.80 Certificated aviation maintenance technician school
students.
Whenever an aviation maintenance technician school certificated under
part 147 of this chapter shows to an FAA inspector that any of its
students has made satisfactory progress at the school and is prepared to
take the oral and practical tests prescribed by 65.79, that student may
take those tests during the final subjects of his training in the
approved curriculum, before he meets the applicable experience
requirements of 65.77 and before he passes each section of the written
test prescribed by 65.75.
(Amdt. 65-14, 35 FR, 5533, Apr. 3, 1970)
14 CFR 65.81 General privileges and limitations.
(a) A certificated mechanic may perform or supervise the maintenance,
preventive maintenance or alteration of an aircraft or appliance, or a
part thereof, for which he is rated (but excluding major repairs to, and
major alterations of, propellers, and any repair to, or alteration of,
instruments), and may perform additional duties in accordance with
65.85, 65.87, and 65.95. However, he may not supervise the maintenance,
preventive maintenance, or alteration of, or approve and return to
service, any aircraft or appliance, or part thereof, for which he is
rated unless he has satisfactorily performed the work concerned at an
earlier date. If he has not so performed that work at an earlier date,
he may show his ability to do it by performing it to the satisfaction of
the Administrator or under the direct supervision of a certificated and
appropriately rated mechanic, or a certificated repairman, who has had
previous experience in the specific operation concerned.
(b) A certificated mechanic may not exercise the privileges of his
certificate and rating unless he understands the current instructions of
the manufacturer, and the maintenance manuals, for the specific
operation concerned.
(Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-2,
29 FR 5451, Apr. 23, 1964; Amdt. 65-26, 45 FR 46737, July 10, 1980)
14 CFR 65.83 Recent experience requirements.
A certificated mechanic may not exercise the privileges of his
certificate and rating unless, within the preceding 24 months --
(a) The Administrator has found that he is able to do that work; or
(b) He has, for at least 6 months --
(1) Served as a mechanic under his certificate and rating;
(2) Technically supervised other mechanics;
(3) Supervised, in an executive capacity, the maintenance or
alteration of aircraft; or
(4) Been engaged in any combination of paragraph (b) (1), (2), or (3)
of this section.
14 CFR 65.85 Airframe rating; additional privileges.
A certificated mechanic with an airframe rating may approve and
return to service an airframe, or any related part or appliance, after
he has performed, supervised, or inspected its maintenance or alteration
(excluding major repairs and major alterations). In addition, he may
perform the 100-hour inspection required by part 91 of this chapter on
an airframe, or any related part or appliance, and approve and return it
to service.
(Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt.
65-10, 32 FR 5770, Apr. 11, 1967)
14 CFR 65.87 Powerplant rating; additional privileges.
A certificated mechanic with a powerplant rating may approve and
return to service a powerplant or propeller or any related part or
appliance, after he has performed, supervised, or inspected its
maintenance or alteration (excluding major repairs and major
alterations). In addition, he may perform the 100-hour inspection
required by part 91 of this chapter on a powerplant or propeller, or any
part thereof, and approve and return it to service.
(Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt.
65-10, 32 FR 5770, Apr. 11, 1967)
14 CFR 65.89 Display of certificate.
Each person who holds a mechanic certificate shall keep it within the
immediate area where he normally exercises the privileges of the
certificate and shall present it for inspection upon the request of the
Administrator or an authorized representative of the National
Transportation Safety Board, or of any Federal, State, or local law
enforcement officer.
(Amdt. 65-9, 31 FR 13524, Oct. 20, 1966, as amended by Doc. No.
8084, 32 FR 5769, Apr. 11, 1967)
14 CFR 65.91 Inspection authorization.
(a) An application for an inspection authorization is made on a form
and in a manner prescribed by the Administrator.
(b) An applicant who meets the requirements of this section is
entitled to an inspection authorization.
(c) To be eligible for an inspection authorization, an applicant must
--
(1) Hold a currently effective mechanic certificate with both an
airframe rating and a powerplant rating, each of which is currently
effective and has been in effect for a total of at least 3 years;
(2) Have been actively engaged, for at least the 2-year period before
the date he applies, in maintaining aircraft certificated and maintained
in accordance with this chapter;
(3) Have a fixed base of operations at which he may be located in
person or by telephone during a normal working week but it need not be
the place where he will exercise his inspection authority;
(4) Have available to him the equipment, facilities, and inspection
data necessary to properly inspect airframes, powerplants, propellers,
or any related part or appliance; and
(5) Pass a written test on his ability to inspect according to safety
standards for returning aircraft to service after major repairs and
major alterations and annual and progressive inspections performed under
part 43 of this chapter.
An applicant who fails the test prescribed in paragraph (c)(5) of
this section may not apply for retesting until at least 90 days after
the date he failed the test.
(Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-5,
31 FR 3337, Mar. 3, 1966; Amdt. 65-22, 42 FR 46279, Sept. 15, 1977;
Amdt. 65-30, 50 FR 15700, Apr. 19, 1985)
14 CFR 65.92 Inspection authorization: Duration.
(a) Each inspection authorization expires on March 31 of each year.
However, the holder may exercise the privileges of that authorization
only while he holds a currently effective mechanic certificate with both
a currently effective airframe rating and a currently effective
powerplant rating.
(b) An inspection authorization ceases to be effective whenever any
of the following occurs:
(1) The authorization is surrendered, suspended, or revoked.
(2) The holder no longer has a fixed base of operation.
(3) The holder no longer has the equipment, facilities, and
inspection data required by 65.91(c) (3) and (4) for issuance of his
authorization.
(c) The holder of an inspection authorization that is suspended or
revoked shall, upon the Administrator's request, return it to the
Administrator.
(Doc. No. 12537, Amdt. 65-22, 42 FR 46279, Sept. 15, 1977)
14 CFR 65.93 Inspection authorization: Renewal.
(a) To be eligible for renewal of an inspection authorization for a
1-year period an applicant must present evidence annually, during the
month of March, at an FAA Flight Standards District Office or an
International Field Office that the applicant still meets the
requirements of 65.91(c) (1) through (4) and must show that, during the
current period that the applicant held the inspection authorization, the
applicant --
(1) Has performed at least one annual inspection for each 90 days
that the applicant held the current authority; or
(2) Has performed inspections of at least two major repairs or major
alterations for each 90 days that the applicant held the current
authority; or
(3) Has performed or supervised and approved at least one progressive
inspection in accordance with standards prescribed by the Administrator;
or
(4) Has attended and successfully completed a refresher course,
acceptable to the Administrator, of not less than 8 hours of instruction
during the 12-month period preceding the application for renewal; or
(5) Has passed on oral test by an FAA inspector to determine that the
applicant's knowledge of applicable regulations and standards is
current.
(b) The holder of an inspection authorization that has been in effect
for less than 90 days before the expiration date need not comply with
paragraphs (a) (1) through (5) of this section.
(Doc. No. 18241, Amdt. 65-26, 45 FR 46738, July 10, 1980, as amended
by Amdt. 65-35, 54 FR 39292, Sept. 25, 1989)
14 CFR 65.95 Inspection authorization: Privileges and limitations.
(a) The holder of an inspection authorization may --
(1) Inspect and approve for return to service any aircraft or related
part or appliance (except any aircraft maintained in accordance with a
continuous airworthiness program under part 121 or 127 of this chapter)
after a major repair or major alteration to it in accordance with part
43 (New) of this chapter, if the work was done in accordance with
technical data approved by the Administrator; and
(2) Perform an annual, or perform or supervise a progressive
inspection according to 43.13 and 43.15 of this chapter.
(b) When he exercises the privileges of an inspection authorization
the holder shall keep it available for inspection by the aircraft owner,
the mechanic submitting the aircraft, repair, or alteration for approval
(if any), and shall present it upon the request of the Administrator or
an authorized representative of the National Transportation Safety
Board, or of any Federal, State, or local law enforcement officer.
(c) If the holder of an inspection authorization changes his fixed
base of operation, he may not exercise the privileges of the
authorization until he has notified the FAA Flight Standards District
Office or International Field Office for the area in which the new base
is located, in writing, of the change.
(Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-2,
29 FR 5451, Apr. 23, 1964; Amdt. 65-4, 30 FR 3638, Mar. 14, 1965;
Amdt. 65-5, 31 FR 3337, Mar. 3, 1966; Amdt. 65-9, 31 FR 13524, Oct. 20,
1966; 32 FR 5769, Apr. 11, 1967; Amdt. 65-35, 54 FR 39292, Sept. 25,
1989)
14 CFR 65.95 Subpart E -- Repairmen
14 CFR 65.101 Eligibility requirements: General.
(a) To be eligible for a repairman certificate a person must --
(1) Be at least 18 years of age;
(2) Be specially qualified to perform maintenance on aircraft or
components thereof, appropriate to the job for which he is employed;
(3) Be employed for a specific job requiring those special
qualifications by a certificated repair station, or by a certificated
commercial operator or certificated air carrier, that is required by its
operating certificate or approved operations specifications to provide a
continuous airworthiness maintenance program according to its
maintenance manuals;
(4) Be recommended for certification by his employer, to the
satisfaction of the Administrator, as able to satisfactorily maintain
aircraft or components, appropriate to the job for which he is employed;
(5) Have either --
(i) At least 18 months of practical experience in the procedures,
practices, inspection methods, materials, tools, machine tools, and
equipment generally used in the maintenance duties of the specific job
for which the person is to be employed and certificated; or
(ii) Completed formal training that is acceptable to the
Administrator and is specifically designed to qualify the applicant for
the job on which the applicant is to be employed; and
(6) Be able to read, write, speak, and understand the English
language, or, in the case of an applicant who does not meet this
requirement and who is employed outside the United States by a
certificated repair station, a certificated U.S. commercial operator, or
a certificated U.S. air carrier, described in paragraph (c) of this
section, have his certificate endorsed ''Valid only outside the United
States.''
(b) This section does not apply to the issuance of repairman
certificates (experimental aircraft builder) under 65.104.
(Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt.
65-11, 32 FR 13506, Sept. 27, 1967; Amdt. 65-24, 44 FR 46781, Aug. 9,
1979; Amdt. 65-27, 47 FR 13316, Mar. 29, 1982)
14 CFR 65.103 Repairman certificate: Privileges and limitations.
(a) A certificated repairman may perform or supervise the
maintenance, preventive maintenance, or alteration of aircraft or
aircraft components appropriate to the job for which the repairman was
employed and certificated, but only in connection with duties for the
certificate holder by whom the repairman was employed and recommended.
(b) A certificated repairman may not perform or supervise duties
under the repairman certificate unless the repairman understands the
current instructions of the certificate holder by whom the repairman is
employed and the manufacturer's instructions for continued airworthiness
relating to the specific operations concerned.
(Doc. No. 18241, Amdt. 65-26, 45 FR 46738, July 10, 1980)
14 CFR 65.104 Repairman certificate -- experimental aircraft builder --
Eligibility, privileges and limitations.
(a) To be eligible for a repairman certificate (experimental aircraft
builder), an individual must --
(1) Be at least 18 years of age;
(2) Be the primary builder of the aircraft to which the privileges of
the certificate are applicable;
(3) Show to the satisfaction of the Administrator that the individual
has the requisite skill to determine whether the aircraft is in a
condition for safe operations; and
(4) Be a citizen of the United States or an individual citizen of a
foreign country who has lawfully been admitted for permanent residence
in the United States.
(b) The holder of a repairman certificate (experimental aircraft
builder) may perform condition inspections on the aircraft constructed
by the holder in accordace with the operating limitations of that
aircraft.
(c) Section 65.103 does not apply to the holder of a repairman
certificate (experimental aircraft builder) while performing under that
certificate.
(Amdt. 65-24, 44 FR 46781, Aug. 9, 1979)
14 CFR 65.105 Display of certificate.
Each person who holds a repairman certificate shall keep it within
the immediate area where he normally exercises the privileges of the
certificate and shall present it for inspection upon the request of the
Administrator or an authorized representative of the National
Transportation Safety Board, or of any Federal, State, or local law
enforcement officer.
(Amdt. 65-9, 31 FR 13524, Oct. 20, 1966, as amended by Doc. No.
8084, 32 FR 5769, Apr. 11, 1967)
14 CFR 65.105 Subpart F -- Parachute Riggers
14 CFR 65.111 Certificate required.
(a) No person may pack, maintain, or alter any personnel-carrying
parachute intended for emergency use in connection with civil aircraft
of the United States (including the auxiliary parachute of a dual
parachute pack to be used for intentional jumping) unless he holds an
appropriate current certificate and type rating issued under this
subpart and complies with 65.127 through 65.133.
(b) No person may pack, maintain, or alter any main parachute of a
dual parachute pack to be used for intentional jumping in connection
with civil aircraft of the United States unless he has an appropriate
current certificate issued under this subpart. However, a person who
does not hold such a certificate may pack the main parachute of a dual
parachute pack that is to be used by him for intentional jumping.
(c) Each person who holds a parachute rigger certificate shall
present it for inspection upon the request of the Administrator or an
authorized representative of the National Transportation Safety Board,
or of any Federal, State, or local law enforcement officer.
(d) The following parachute rigger certificates are issued under this
part:
(1) Senior parachute rigger.
(2) Master parachute rigger.
(e) Sections 65.127 through 65.133 do not apply to parachutes packed,
maintained, or altered for the use of the armed forces.
(Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-9,
31 FR 13524, Oct. 20, 1966; 32 FR 5769, Apr. 11, 1967)
14 CFR 65.113 Eligibility requirements: General.
(a) To be eligible for a parachute rigger certificate, a person must
--
(1) Be at least 18 years of age;
(2) Be able to read, write, speak, and understand the English
language, or, in the case of a citizen of Puerto Rico, or a person who
is employed outside of the United States by a U.S. air carrier, and who
does not meet this requirement, be issued a certificate that is valid
only in Puerto Rico or while he is employed outside of the United States
by that air carrier, as the case may be; and
(3) Comply with the sections of this subpart that apply to the
certificate and type rating he seeks.
(b) Except for a master parachute rigger certificate, a parachute
rigger certificate that was issued before, and was valid on, October 31,
1962, is equal to a senior parachute rigger certificate, and may be
exchanged for such a corresponding certificate.
14 CFR 65.115 Senior parachute rigger certificate: Experience,
knowledge, and skill requirements.
Except as provided in 65.117, an applicant for a senior parachute
rigger certificate must --
(a) Present evidence satisfactory to the Administrator that he has
packed at least 20 parachutes of each type for which he seeks a rating,
in accordance with the manufacturer's instructions and under the
supervision of a certificated parachute rigger holding a rating for that
type or a person holding an appropriate military rating;
(b) Pass a written test, with respect to parachutes in common use, on
--
(1) Their construction, packing, and maintenance;
(2) The manufacturer's instructions;
(3) The regulations of this subpart; and
(c) Pass an oral and practical test showing his ability to pack and
maintain at least one type of parachute in common use, appropriate to
the type rating he seeks.
(Doc. No. 10468, Amdt. 65-20, 37 FR 13251, July 6, 1972)
14 CFR 65.117 Military riggers or former military riggers: Special
certification rule.
In place of the procedure in 65.115, an applicant for a senior
parachute rigger certificate is entitled to it if he passes a written
test on the regulations of this subpart and presents satisfactory
documentary evidence that he --
(a) Is a member or civilian employee of an Armed Force of the United
States, is a civilian employee of a regular armed force of a foreign
country, or has, within the 12 months before he applies, been honorably
discharged or released from any status covered by this paragraph;
(b) Is serving, or has served within the 12 months before he applies,
as a parachute rigger for such an Armed Force; and
(c) Has the experience required by 65.115(a).
14 CFR 65.119 Master parachute rigger certificate: Experience,
knowledge, and skill requirements.
An applicant for a master parachute rigger certificate must meet the
following requirements:
(a) Present evidence satisfactory to the Administrator that he has
had at least 3 years of experience as a parachute rigger and has
satisfactorily packed at least 100 parachutes of each of two types in
common use, in accordance with the manufacturer's instructions --
(1) While a certificated and appropriately rated senior parachute
rigger; or
(2) While under the supervision of a certificated and appropriately
rated parachute rigger or a person holding appropriate military ratings.
An applicant may combine experience specified in paragraphs (a) (1)
and (2) of this section to meet the requirements of this paragraph.
(b) If the applicant is not the holder of a senior parachute rigger
certificate, pass a written test, with respect to parachutes in common
use, on --
(1) Their construction, packing, and maintenance;
(2) The manufacturer's instructions; and
(3) The regulations of this subpart.
(c) Pass an oral and practical test showing his ability to pack and
maintain two types of parachutes in common use, appropriate to the type
ratings he seeks.
(Doc. No. 10468, Amdt. 65-20, 37 FR 13252, July 6, 1972)
14 CFR 65.121 Type ratings.
(a) The following type ratings are issued under this subpart:
(1) Seat.
(2) Back.
(3) Chest.
(4) Lap.
(b) The holder of a senior parachute rigger certificate who qualifies
for a master parachute rigger certificate is entitled to have placed on
his master parachute rigger certificate the ratings that were on his
senior parachute rigger certificate.
14 CFR 65.123 Additional type ratings: Requirements.
A certificated parachute rigger who applies for an additional type
rating must --
(a) Present evidence satisfactory to the Administrator that he has
packed at least 20 parachutes of the type for which he seeks a rating,
in accordance with the manufacturer's instructions and under the
supervision of a certificated parachute rigger holding a rating for that
type or a person holding an appropriate military rating; and
(b) Pass a practical test, to the satisfaction of the Administrator,
showing his ability to pack and maintain the type of parachute for which
he seeks a rating.
(Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt.
65-20, 37 FR 13251, July 6, 1972)
14 CFR 65.125 Certificates: Privileges.
(a) A certificated senior parachute rigger may --
(1) Pack or maintain (except for major repair) any type of parachute
for which he is rated; and
(2) Supervise other persons in packing any type of parachute for
which he is rated.
(b) A certificated master parachute rigger may --
(1) Pack, maintain, or alter any type of parachute for which he is
rated; and
(2) Supervise other persons in packing, maintaining, or altering any
type of parachute for which he is rated.
(c) A certificated parachute rigger need not comply with 65.127
through 65.133 (relating to facilities, equipment, performance
standards, records, recent experience, and seal) in packing,
maintaining, or altering (if authorized) the main parachute of a dual
parachute pack to be used for intentional jumping.
(Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt.
65-20, 37 FR 13252, July 6, 1972)
14 CFR 65.127 Facilities and equipment.
No certificated parachute rigger may exercise the privileges of his
certificate unless he has at least the following facilities and
equipment available to him:
(a) A smooth top table at least three feet wide by 40 feet long.
(b) Suitable housing that is adequately heated, lighted, and
ventilated for drying and airing parachutes.
(c) Enough packing tools and other equipment to pack and maintain the
types of parachutes that he services.
(d) Adequate housing facilities to perform his duties and to protect
his tools and equipment.
(Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt.
65-27, 47 FR 13316, Mar. 29, 1982)
14 CFR 65.129 Performance standards.
No certificated parachute rigger may --
(a) Pack, maintain, or alter any parachute unless he is rated for
that type;
(b) Pack a parachute that is not safe for emergency use;
(c) Pack a parachute that has not been thoroughly dried and aired;
(d) Alter a parachute in a manner that is not specifically authorized
by the Administrator or the manufacturer;
(e) Pack, maintain, or alter a parachute in any manner that deviates
from procedures approved by the Administrator or the manufacturer of the
parachute; or
(f) Exercise the privileges of his certificate and type rating unless
he understands the current manufacturer's instructions for the operation
involved and has --
(1) Performed duties under his certificate for at least 90 days
within the preceding 12 months; or
(2) Shown the Administrator that he is able to perform those duties.
14 CFR 65.131 Records.
(a) Each certificated parachute rigger shall keep a record of the
packing, maintenance, and alteration of parachutes performed or
supervised by him. He shall keep in that record, with respect to each
parachute worked on, a statement of --
(1) Its type and make;
(2) Its serial number;
(3) The name and address of its owner;
(4) The kind and extent of the work performed;
(5) The date when and place where the work was performed; and
(6) The results of any drop tests made with it.
(b) Each person who makes a record under paragraph (a) of this
section shall keep it for at least 2 years after the date it is made.
(c) Each certificated parachute rigger who packs a parachute shall
write, on the parachute packing record attached to the parachute, the
date and place of the packing and a notation of any defects he finds on
inspection. He shall sign that record with his name and the number of
his certificate.
14 CFR 65.133 Seal.
Each certificated parachute rigger must have a seal with an
identifying mark prescribed by the Administrator, and a seal press.
After packing a parachute he shall seal the pack with his seal in
accordance with the manufacturer's recommendation for that type of
parachute.
14 CFR 65.133 Pt. 65, App. A
14 CFR 65.133 Appendix A to Part 65 -- Aircraft Dispatcher Courses
(a) Training course outline. It is not mandatory that the training
course outline have the subject headings arranged exactly as listed in
the following example. Any arrangement of headings and subheadings will
be satisfactory provided all the subjects listed in this section are
included. Each general subject of the outline shall be broken down, in
detail, showing the items to be covered. Additional subjects,
especially those which are not closely associated with the training of
aircraft dispatchers, may be listed so long as the hourly requirements
devoted to the subjects are not included as a part of the basic minimum
hours.
(b) Format of the training outline and course requirements. The
course outline submitted for approval must be in looseleaf form, must
include a table of contents and minimum coverage of the course material,
and must include the following:
(c) Facilities, equipment, and material. An applicant for authority
to operate an approved aircraft dispatcher course of study must have the
following facilities, equipment, and materials:
(1) Facilities. Suitable classrooms, adequate to accommodate the
largest number of students scheduled for attendance at any one time.
Such classrooms shall be properly heated, lighted, and ventilated.
(2) Equipment and materials. Suitable devices for the teaching of
simulated instrument flight, navigation, and meteorology, acceptable
textbooks, operations manuals, wall maps, charts, blackboards, and
visual aids of a quantity which will provide for each student the
theoretical and practical aspects of aircraft dispatching.
(d) Instructors. (1) The number of instructors available for
conducting the course of study shall be determined according to the
needs and facilities of the applicant. However, the ratio of students
per instructor may not exceed 25 students for one instructor.
(2) At least one instructor who possesses a currently effective
aircraft dispatcher certificate must be available for coordination of
the training course instruction.
(e) Revision of training course. Requests for revision of course
outlines, facilities, and equipment shall be accomplished in the same
manner established for securing approval of the original course of
study. Revisions must be submitted in such form that an entire page or
pages of the approved outline can be removed and replaced by the
revision.
The list of instructors may be revised at any time without request
for approval, provided the minimum requirements are maintained and the
local inspector is notified.
(f) Credit for previous experience or training. A course operator
may evaluate an entrant's previous experience or training and where the
training or experience is provable and comparable to portions of the
approved course curriculum, may, as each individual case warrants, allow
credit for such, commensurate with accepted training practices. Where
credit is allowed, the basis for allowance and the total hours credited
must be incorporated as a part of the student's records, provided for in
paragraph (g) of this Appendix.
(g) Student records and reports. Approval of a course may not be
continued in effect unless the course operator keeps an accurate record
of each student, including a chronological log of all instructions,
subjects covered, and course examinations and grades, and unless he
prepares and transmits to the FAA not later than January 31 of each
year, a report containing the following information:
(1) The names of all students graduated, together with school grades
for aircraft dispatcher courses.
(2) The names of all students failed or dropped, together with school
grades and reasons for dropping.
(h) Quality of instruction. Approval of a course may not be
continued in effect unless at least 80 percent of the students who apply
within 90 days after graduation are able to qualify on the first attempt
for certification as aircraft dispatchers.
(i) Statement of graduation. Each student who successfully completes
the approved aircraft dispatcher course shall be given a statement of
graduation.
(j) Change of ownership, name, or location -- (1) Change of
ownership. Approval of an aircraft dispatcher course may not be
continued in effect after the course has changed ownership. The new
owner must obtain a new approval by following the procedures prescribed
for original approval.
(2) Change in name. An approved course changed in name but not
changed in ownership remains valid if the change is reported by the
approved course operator to the local inspector who will issue a letter
of approval under the new name.
(3) Change in location. An approved course remains in effect even
though the approved course operator changes location if the change is
reported without delay by the operator to the local inspector who will
inspect the facilities to be used in the new location and, if they are
found to be adequate, issue a letter of approval showing the new
location.
(k) Cancellation of approval. (1) Failure to meet or maintain any of
the standards set forth herein for the approval or operation of an
approved aircraft dispatcher course is considered to be a sufficient
reason for discontinuing approval of the course.
(2) If an operator desires voluntary cancellation of his approved
course, he shall send a letter requesting cancellation to the
Administrator of the Federal Aviation Administration through the local
inspector.
(1) Duration. The authority to operate an approved aircraft
dispatcher course of study expires 24 months after the last day of the
month of issuance.
(m) Renewal. Application for renewal of an approved aircraft
dispatcher course shall be made by letter addressed to the Administrator
of the Federal Aviation Administration through the local inspector at
any time within 60 days of the expiration date. Renewal of approval
will depend on the course operator's meeting the current conditions of
course approval and having a satisfactory record as a course operator.
(Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt.
65-10, 32 FR 5770, Apr. 11, 1967; Amdt. 65-16, 35 FR 14075, Sept. 4,
1970)
14 CFR 65.133 PART 67 -- MEDICAL STANDARDS AND CERTIFICATION
14 CFR 65.133 Subpart A -- General
Sec.
67.1 Applicability.
67.3 Access to the National Driver Register.
67.11 Issue.
67.12 Certification of foreign airmen.
67.13 First-class medical certificate.
67.15 Second-class medical certificate.
67.17 Third-class medical certificate.
67.19 Special issue of medical certificates.
67.20 Applications, certificates, logbooks, reports, and records:
Falsification, reproduction, or alteration.
14 CFR 65.133 Subpart B -- Certification Procedures
67.21 Applicability.
67.23 Medical examinations: Who may give.
67.25 Delegation of authority.
67.27 Denial of medical certificate.
67.29 Medical certificates by senior flight surgeons of armed forces.
67.31 Medical records.
Authority: 49 U.S.C. App. 1354(a), 1355, 1421, and 1427; 49 U.S.C.
106(g) (Revised, Pub. L. 97-449, January 12, 1983).
Source: Docket No. 1179, 27 FR 7980, Aug. 10, 1962, unless
otherwise noted.
14 CFR 65.133 Subpart A -- General
14 CFR 67.1 Applicability.
This subpart prescribes the medical standards for issuing medical
certificates for airmen.
14 CFR 67.3 Access to the National Driver Register.
At the time of application for a certificate issued under this part,
each person who applies for a medical certificate shall execute an
express consent form authorizing the Administrator to request the chief
driver licensing official of any state designated by the Administrator
to transmit information contained in the National Driver Register about
the person to the Administrator. The Administrator shall make
information received from the National Driver Register, if any,
available on request to the person for review and written comment.
(Amdt. 67-14, 55 FR 31309, Aug. 1, 1990)
14 CFR 67.11 Issue.
Except as provided in 67.12, an applicant who meets the medical
standards prescribed in this part, based on medical examination and
evaluation of his history and condition, is entitled to an appropriate
medical certificate.
(Secs. 313, 601, 602, Federal Aviation Act of 1958, as amended (49
U.S.C. 1354, 1421, and 1422); sec. 6(c), Department of Transportation
Act (49 U.S.C. 1655(c)); Title V, Independent Offices Appropriations
Act of 1952 (31 U.S.C. 483(a)); sec. 28, International Air
Transportation Competition Act of 1979 (49 U.S.C. 1159(b)))
(Amdt. 67-12, 47 FR 35693, Aug. 16, 1982)
14 CFR 67.12 Certification of foreign airmen.
A person who is neither a United States citizen nor a resident alien
is issued a certificate under this part, outside the United States, only
when the Administrator finds that the certificate is needed for
operation of a U.S.-registered civil aircraft.
(Secs. 313, 601, 602, Federal Aviation Act of 1958, as amended (49
U.S.C. 1354, 1421, and 1422); sec. 6(c), Department of Transportation
Act (49 U.S.C. 1655(c)); Title V, Independent Offices Appropriations
Act of 1952 (31 U.S.C. 483(a)); sec. 28, International Air
Transportation Competition Act of 1979 (49 U.S.C. 1159(b)))
(Amdt. 67-12, 47 FR 35694, Aug. 16, 1982)
14 CFR 67.13 First-class medical certificate.
(a) To be eligible for a first-class medical certificate, an
applicant must meet the requirements of paragraphs (b) through (f) of
this section.
(b) Eye: (1) Distant visual acuity of 20/20 or better in each eye
separately, without correction; or of at least 20/100 in each eye
separately corrected to 20/20 or better with corrective lenses (glasses
or contact lenses) in which case the applicant may be qualified only on
the condition that he wears those corrective lenses while exercising the
privileges of his airman certificate.
(2) Near vision of at least v=1.00 at 18 inches with each eye
separately, with or without corrective glasses.
(3) Normal color vision.
(4) Normal fields of vision.
(5) No acute or chronic pathological condition of either eye or
adenexae that might interfere with its proper function, might progress
to that degree, or might be aggravated by flying.
(6) Bifoveal fixation and vergencephoria relationship sufficient to
prevent a break in fusion under conditions that may reasonably occur in
performing airman duties.
Tests for the factors named in paragraph (b)(6) of this section are
not required except for applicants found to have more than one prism
diopter of hyperphoria, six prism diopters of esophoria, or six prism
diopters of exophoria. If these values are exceeded, the Federal Air
Surgeon may require the applicant to be examined by a qualified eye
specialist to determine if there is bifoveal fixation and adequate
vergencephoria relationship. However, if the applicant is otherwise
qualified, he is entitled to a medical certificate pending the results
of the examination.
(c) Ear, nose, throat, and equilibrium:
(1) Ability to --
(i) Hear the whispered voice at a distance of at least 20 feet with
each ear separately; or
(ii) Demonstrate a hearing acuity of at least 50 percent of normal in
each ear throughout the effective speech and radio range as shown by a
standard audiometer.
(2) No acute or chronic disease of the middle or internal ear.
(3) No disease of the mastoid.
(4) No unhealed (unclosed) perforation of the eardrum.
(5) No disease or malformation of the nose or throat that might
interfere with, or be aggravated by, flying.
(6) No disturbance in equilibrium.
(d) Mental and neurologic -- (1) Mental. (i) No established medical
history or clinical diagnosis of any of the following:
(a) A personality disorder that is severe enough to have repeatedly
manifested itself by overt acts.
(b) A psychosis.
(c) Alcoholism, unless there is established clinical evidence,
satisfactory to the Federal Air Surgeon, of recovery, including
sustained total abstinence from alcohol for not less than the preceding
2 years. As used in this section, alcoholism means a condition in which
a person's intake of alcohol is great enough to damage physical health
or personal or social functioning, or when alcohol has become a
prerequisite to normal functioning.
(d) Drug dependence. As used in this section, drug dependence means
a condition in which a person is addicted to or dependent on drugs other
than alcohol, tobacco, or ordinary caffeine-containing beverages, as
evidenced by habitual use or a clear sense of need for the drug.
(ii) No other personality disorder, neurosis, or mental condition
that the Federal Air Surgeon finds --
(a) Makes the applicant unable to safely perform the duties or
exercise the privileges of the airman certificate that he holds or for
which he is applying; or
(b) May reasonably be expected, within 2 years after the finding, to
make him unable to perform those duties or exercise those privileges;
and the findings are based on the case history and appropriate,
qualified, medical judgment relating to the condition involved.
(2) Neurologic. (i) No established medical history or clinical
diagnosis of either of the following:
(a) Epilepsy.
(b) A disturbance of consciousness without satisfactory medical
explanation of the cause.
(ii) No other convulsive disorder, disturbance of consciousness, or
neurologic condition that the Federal Air Surgeon finds --
(a) Makes the applicant unable to safely perform the duties or
exercise the privileges of the airman certificate that he holds or for
which he is applying; or
(b) May reasonably be expected, within 2 years after the finding, to
make him unable to perform those duties or exercise those privileges;
and the findings are based on the case history and appropriate,
qualified, medical judgment relating to the condition involved.
(e) Cardiovascular. (1) No established medical history or clinical
diagnosis of --
(i) Myocardial infarction;
(ii) Angina pectoris; or
(iii) Coronary heart disease that has required treatment or, if
untreated, that has been symptomatic or clinically significant.
(2) If the applicant has passed his thirty-fifth birthday but not his
fortieth, he must, on the first examination after his thirty-fifth
birthday, show an absence of myocardial infarction on
electrocardiographic examination.
(3) If the applicant has passed his fortieth birthday, he must
annually show an absence of myocardial infarction on
electrocardiographic examination.
(4) Unless the adjusted maximum readings apply, the applicant's
reclining blood pressure may not be more than the maximum reading for
his age group in the following table:
(5) If the applicant is at least 40 years of age, he must show a
degree of circulatory efficiency that is compatible with the safe
operation of aircraft at high altitudes.
An electrocardiogram, made according to acceptable standards and
techniques within the 90 days before an examination for a first-class
certificate, is accepted at the time of the physical examination as
meeting the requirements of paragraphs (e)(2) and (3) of this section.
(f) General medical condition:
(1) No established medical history or clinical diagnosis of diabetes
mellitus that requires insulin or any other hypoglycemic drug for
control.
(2) No other organic, functional, or structural disease, defect, or
limitation that the Federal Air Surgeon finds --
(i) Makes the applicant unable to safely perform the duties or
exercise the privileges of the airman certificate that he holds or for
which he is applying; or
(ii) May reasonably be expected, within two years after the finding,
to make him unable to perform those duties or exercise those privileges;
and the findings are based on the case history and appropriate,
qualified medical judgment relating to the condition involved.
(g) An applicant who does not meet the provisions of paragraphs (b)
through (f) of this section may apply for the discretionary issuance of
a certificate under 67.19.
(Secs. 313(a), 601, and 602, Federal Aviation Act of 1958, as amended
(49 U.S.C. 1354(a), 1421, and 1422); sec. 6(c), Department of
Transportation Act (49 U.S.C. 1655(c)))
(Doc. No. 1179, 27 FR 7980, Aug. 10, 1962, as amended by Amdt. 67-9,
37 FR 4071, Feb. 26, 1972; Amdt. 67-10, 41 FR 46433, Oct. 21, 1976;
Amdt. 67-11, 47 FR 16308, Apr. 15, 1982)
14 CFR 67.15 Second-class medical certificate.
(a) To be eligible for a second-class medical certificate, an
applicant must meet the requirements of paragraphs (b) through (f) of
this section.
(b) Eye:
(1) Distant visual acuity of 20/20 or better in each eye separately,
without correction; or of at least 20/100 in each eye separately
corrected to 20/20 or better with corrective lenses (glasses or contact
lenses), in which case the applicant may be qualified only on the
condition that he wears those corrective lenses while exercising the
privileges of his airman certificate.
(2) Enough accommodation to pass a test prescribed by the
Administrator based primarily on ability to read official aeronautical
maps.
(3) Normal fields of vision.
(4) No pathology of the eye.
(5) Ability to distinguish aviation signal red, aviation signal
green, and white.
(6) Bifoveal fixation and vergencephoria relationship sufficient to
prevent a break in fusion under conditions that may reasonably occur in
performing airman duties.
Tests for the factors named in paragraph (b)(6) of this section are
not required except for applicants found to have more than one prism
diopter of hyperphoria, six prism diopters of esophoria, or six prism
diopters of exophoria. If these values are exceeded, the Federal Air
Surgeon may require the applicant to be examined by a qualified eye
specialist to determine if there is bifoveal fixation and adequate
vergencephoria relationship. However, if the applicant is otherwise
qualified, he is entitled to a medical certificate pending the results
of the examination.
(c) Ear, nose, throat, and equilibrium:
(1) Ability to hear the whispered voice at 8 feet with each ear
separately.
(2) No acute or chronic disease of the middle or internal ear.
(3) No disease of the mastoid.
(4) No unhealed (unclosed) perforation of the eardrum.
(5) No disease or malformation of the nose or throat that might
interfere with or be aggravated by, flying.
(6) No disturbance in equilibrium.
(d) Mental and neurologic -- (1) Mental. (i) No established medical
history or clinical diagnosis of any of the following:
(a) A personality disorder that is severe enough to have repeatedly
manifested itself by overt acts.
(b) A psychosis.
(c) Alcoholism, unless there is established clinical evidence,
satisfactory to the Federal Air Surgeon, of recovery, including
sustained total abstinence from alcohol for not less than the preceding
2 years. As used in this section, alcoholism means a condition in which
a person's intake of alcohol is great enough to damage physical health
or personal or social functioning, or when alcohol has become a
prerequisite to normal functioning.
(d) Drug dependence. As used in this section, drug dependence means
a condition in which a person is addicted to or dependent on drugs other
than alcohol, tobacco, or ordinary caffeine-containing beverages, as
evidenced by habitual use or a clear sense of need for the drug.
(ii) No other personality disorder, neurosis, or mental condition
that the Federal Air Surgeon finds --
(a) Makes the applicant unable to safely perform the duties or
exercise the privileges of the airman certificate that he holds or for
which he is applying; or
(b) May reasonably be expected, within two years after the finding,
to make him unable to perform those duties or exercise those privileges;
and the findings are based on the case history and appropriate,
qualified, medical judgment relating to the condition involved.
(2) Neurologic. (i) No established medical history or clinical
diagnosis of either of the following:
(a) Epilepsy.
(b) A disturbance of consciousness without satisfactory medical
explanation of the cause.
(ii) No other convulsive disorder, disturbance of consciousness, or
neurologic condition that the Federal Air Surgeon finds --
(a) Makes the applicant unable to safely perform the duties or
exercise the privileges of the airman certificate that he holds or for
which he is applying; or
(b) May reasonably be expected, within two years after the finding,
to make him unable to perform those duties or exercise those privileges;
and the findings are based on the case history and appropriate,
qualified, medical judgment relating to the condition involved.
(e) Cardiovascular. (1) No established medical history or clinical
diagnosis of --
(i) Myocardial infarction;
(ii) Angina pectoris; or
(iii) Coronary heart disease that has required treatment or, if
untreated, that has been symptomatic or clinically significant.
(f) General medical condition:
(1) No established medical history or clinical diagnosis of diabetes
mellitus that requires insulin or any other hypoglycemic drug for
control.
(2) No other organic, functional, or structural disease, defect, or
limitation that the Federal Air Surgeon finds --
(i) Makes the applicant unable to safely perform the duties or
exercise the privileges of the airman certificate that he holds or for
which he is applying; or
(ii) May reasonably be expected, within two years after the finding
to make him unable to perform those duties or exercise those privileges;
and the findings are based on the case history and appropriate,
qualified, medical judgment relating to the condition involved.
(g) An applicant who does not meet the provisions of paragraphs (b)
through (f) of this section may apply for the discretionary issuance of
a certificate under 67.19.
(Secs. 313(a), 601, and 602, Federal Aviation Act of 1958, as amended
(49 U.S.C. 1354(a), 1421, and 1422); sec. 6(c), Department of
Transportation Act (49 U.S.C. 1655(c)))
(Doc. No. 1179, 27 FR 7980, Aug. 10, 1962, as amended by Amdt. 67-9,
37 FR 4071, Feb. 26, 1972; Amdt. 67-10, 41 FR 46433, Oct. 21, 1976;
Amdt. 67-11, 47 FR 16308, Apr. 15, 1982)
14 CFR 67.17 Third-class medical certificate.
(a) To be eligible for a third-class medical certificate, an
applicant must meet the requirements of paragraphs (b) through (f) of
this section.
(b) Eye:
(1) Distant visual acuity of 20/50 or better in each eye separately,
without correction; or if the vision in either or both eyes is poorer
than 20/50 and is corrected to 20/30 or better in each eye with
corrective lenses (glasses or contact lenses), the applicant may be
qualified on the condition that he wears those corrective lenses while
exercising the priviledges of his airman certificate.
(2) No serious pathology of the eye.
(3) Ability to distinguish aviation signal red, aviation signal
green, and white.
(c) Ears, nose, throat, and equilibrium:
(1) Ability to hear the whispered voice at 3 feet.
(2) No acute or chronic disease of the internal ear.
(3) No disease or malformation of the nose or throat that might
interfere with, or be aggravated by, flying.
(4) No disturbance in equilibrium.
(d) Mental and neurologic -- (1) Mental. (i) No established medical
history or clinical diagnosis of any of the following:
(a) A personality disorder that is severe enough to have repeatedly
manifested itself by overt acts.
(b) A psychosis.
(c) Alcoholism, unless there is established clinical evidence,
satisfactory to the Federal Air Surgeon, of recovery, including
sustained total abstinence from alcohol for not less than the preceding
2 years. As used in this section, alcoholism means a condition in which
a person's intake of alcohol is great enough to damage physical health
or personal or social functioning, or when alcohol has become a
prerequisite to normal functioning.
(d) Drug dependence. As used in this section, drug dependence means
a condition in which a person is addicted to or dependent on drugs other
than alcohol, tobacco, or ordinary caffeine-containing beverages, as
evidenced by habitual use or a clear sense of need for the drug.
(ii) No other personality disorder, neurosis, or mental condition
that the Federal Air Surgeon finds --
(a) Makes the applicant unable to safely perform the duties or
exercise the privileges of the airman certificate that he holds or for
which he is applying; or
(b) May reasonably be expected, within 2 years after the finding, to
make him unable to perform those duties or exercise those privileges;
and the findings are based on the case history and appropriate,
qualified, medical judgment relating to the condition involved.
(2) Neurologic. (i) No established medical history or clinical
diagnosis of either of the following:
(a) Epilepsy.
(b) A disturbance of consciousness without satisfactory medical
explanation of the cause.
(ii) No other convulsive disorder, disturbance of consciousness, or
neurologic condition that the Federal Air Surgeon finds --
(a) Makes the applicant unable to safely perform the duties or
exercise the privileges of the airman certificate that he holds or for
which he is applying; or
(b) May reasonably be expected, within 2 years after the finding, to
make him unable to perform those duties or exercise those privileges;
and the findings are based on the case history and appropriate,
qualified, medical judgment relating to the condition involved.
(e) Cardiovascular. (1) No established medical history or clinical
diagnosis of --
(i) Myocardial infarction;
(ii) Angina pectoris; or
(iii) Coronary heart disease that has required treatment or, if
untreated, that has been symptomatic or clinically significant.
(f) General medical condition:
(1) No established medical history or clinical diagnosis of diabetes
mellitus that requires insulin or any other hypoglycemic drug for
control;
(2) No other organic, functional or structural disease, defect, or
limitation that the Federal Air Surgeon finds --
(i) Makes the applicant unable to safely perform the duties or
exercise the privileges of the airman certificate that he holds or for
which he is applying; or
(ii) May reasonably be expected, within two years after the finding,
to make him unable to perform those duties or exercise those privileges;
and the findings are based on the case history and appropriate,
qualified, medical judgment relating to the condition involved.
(g) An applicant who does not meet the provisions of paragraphs (b)
through (f) of this section may apply for the discretionary issuance of
a certificate under 67.19.
(Secs. 313(a), 601, and 602, Federal Aviation Act of 1958, as amended
(49 U.S.C. 1354(a), 1421, and 1422); sec. 6(c), Department of
Transportation Act (49 U.S.C. 1655(c)))
(Doc. No. 1179, 27 FR 7980, Aug. 10, 1962, as amended by Amdt. 67-9,
37 FR 4072, Feb. 26, 1972; Amdt. 67-10, 41 FR 46433, Oct. 21, 1976;
Amdt. 67-11, 47 FR 16308, Apr. 15, 1982)
14 CFR 67.19 Special issue of medical certificates.
(a) At the discretion of the Federal Air Surgeon, a medical
certificate may be issued to an applicant who does not meet the
applicable provisions of 67.13, 67.15, or 67.17 if the applicant
shows to the satisfaction of the Federal Air Surgeon that the duties
authorized by the class of medical certificate applied for can be
performed without endangering air commerce during the period in which
the certificate would be in force. The Federal Air Surgeon may
authorize a special medical flight test, practical test, or medical
evaluation for this purpose.
(b) The Federal Air Surgeon may consider the applicant's operational
experience and any medical facts that may affect the ability of the
applicant to perform airman duties including:
(1) The combined effect on the applicant of failure to meet more than
one requirement of this part; and
(2) The prognosis derived from professional consideration of all
available information regarding the airman.
(c) In determining whether the special issuance of a third-class
medical certificate should be made to an applicant, the Federal Air
Surgeon considers the freedom of an airman, exercising the privileges of
a private pilot certificate, to accept reasonable risks to his or her
person and property that are not acceptable in the exercise of
commercial or airline transport privileges, and, at the same time,
considers the need to protect the public safety of persons and property
in other aircraft and on the ground.
(d) In issuing a medical certificate under this section, the Federal
Air Surgeon may do any or all of the following:
(1) Limit the duration of the certificate.
(2) Condition the continued effect of the certificate on the results
of subsequent medical tests, examinations, or evaluations.
(3) Impose any operational limitation on the certificate needed for
safety.
(4) Condition the continued effect of a second- or third-class
medical certificate on compliance with a statement of functional
limitations issued to the applicant in coordination with the Director,
Flight Standards Service or the Director's designee.
(e) An applicant who has been issued a medical certificate under this
section based on a special medical flight or practical test need not
take the test again during later physical examinations unless the
Federal Air Surgeon determines that the physical deficiency has become
enough more pronounced to require another special medical flight or
practical test.
(f) The authority of the Federal Air Surgeon under this section is
also exercised by the Manager, Aeromedical Certification Branch, Civil
Aeromedical Institute, and each Regional Flight Surgeon.
(Secs. 313(a), 601, and 602, Federal Aviation Act of 1958, as amended
(49 U.S.C. 1354(a), 1421, and 1422); sec. 6(c), Department of
Transportation Act (49 U.S.C. 1655(c)))
(Amdt. 67-11, 47 FR 16308, Apr. 15, 1982, as amended by Amdt. 67-13,
54 FR 39292, Sept. 25, 1989; 54 FR 52872, Dec. 22, 1989)
14 CFR 67.20 Applications, certificates, logbooks, reports, and
records: Falsification, reproduction, or alteration.
(a) No person may make or cause to be made --
(1) Any fraudulent or intentionally false statement on any
application for a medical certificate under this part;
(2) Any fraudulent or intentionally false entry in any logbook,
record, or report that is required to be kept, made, or used, to show
compliance with any requirement for any medical certificate under this
part;
(3) Any reproduction, for fraudulent purpose, of any medical
certificate under this part;
(4) Any alteration of any medical certificate under this part.
(b) The commission by any person of an act prohibited under paragraph
(a) of this section is a basis for suspending or revoking any airman,
ground instructor, or medical certificate or rating held by that person.
(Amdt. 67-1, 30 FR 2197, Feb. 18, 1965)
14 CFR 67.20 Subpart B -- Certification Procedures
14 CFR 67.21 Applicability.
This subpart prescribes the general procedures that apply to the
issue of medical certificates for airmen.
14 CFR 67.23 Medical examinations: Who may give.
(a) First class. Any aviation medical examiner who is specifically
designated for the purpose may give the examination for the first class
certificate. Any interested person may obtain a list of these aviation
medical examiners, in any area, from the FAA Regional Administrator of
the region in which the areas is located.
(b) Second class and third class. Any aviation medical examiner may
give the examination for the second or third class certificate. Any
interested person may obtain a list of aviation medical examiners, in
any area, from the FAA Regional Administrator of the region in which the
area is located.
(Doc. No. 1179, 27 FR 7980, Aug. 10, 1962, as amended by Amdt. 67-8,
35 FR 14075, Sept. 4, 1970; Amdt. 67-13, 54 FR 39292, Sept. 25, 1989)
14 CFR 67.25 Delegation of authority.
(a) The authority of the Administrator, under section 602 of the
Federal Aviation Act of 1958 (49 U.S.C. 1422), to issue or deny medical
certificates is delegated to the Federal Air Surgeon, to the extent
necessary to --
(1) Examine applicants for and holders of medical certificates for
compliance with applicable medical standards; and
(2) Issue, renew, or deny medical certificates to applicants and
holders based upon compliance or noncompliance with applicable medical
standards.
Subject to limitations in this chapter, the authority delegated in
paragraphs (a)(1) and (2) of this section is also delegated to aviation
medical examiners and to authorized representatives of the Federal Air
Surgeon within the FAA.
(b) The authority of the Administrator, under subsection 314(b) of
the Federal Aviation Act of 1958 (49 U.S.C. 1355(b)), to reconsider the
action of an aviation medical examiner is delegated to the Federal Air
Surgeon, the Chief, Aeromedical Certification Division, and each
Regional Flight Surgeon. Where the applicant does not meet the
standards of 67.13(d)(1)(ii), (d)(2)(ii), or (f)(2), 67.15(d)(1)(ii),
(d)(2)(ii), or (f)(2), or 67.17(d)(1)(ii), (d)(2)(ii), or (f)(2), any
action taken under this paragraph other than by the Federal Air Surgeon
is subject to reconsideration by the Federal Air Surgeon. A certificate
issued by an aviation medical examiner is considered to be affirmed as
issued unless an FAA official named in this paragraph on his own
initiative reverses that issuance within 60 days after the date of
issuance. However, if within 60 days after the date of issuance that
official requests the certificate holder to submit additional medical
information, he may on his own initiative reverse the issuance within 60
days after he receives the requested information.
(c) The authority of the Administrator, under section 609 of the
Federal Aviation Act of 1958 (49 U.S.C. 1429), to re-examine any civil
airman, to the extent necessary to determine an airman's qualification
to continue to hold an airman medical certificate, is delegated to the
Federal Air Surgeon and his authorized representatives within the FAA.
(Sec. 303, 72 Stat. 747, 49 U.S.C. 1344; sec. 602, 72 Stat. 776, 49
U.S.C. 1422; secs. 313(a), 601, and 602, Federal Aviation Act of 1958,
as amended (49 U.S.C. 1354(a), 1421, and 1422); sec. 6(c), Department
of Transportation Act (49 U.S.C. 1655(c)))
(Doc. No. 1179, 27 FR 7980, Aug. 10, 1962, as amended by Amdt. 67-5,
31 FR 8356, June 15, 1966; Amdt. 67-7, 34 FR 248, Jan. 8, 1969; 34 FR
550, Jan. 15, 1969; Amdt. 67-9, 37 FR 4072, Feb. 26, 1972; Amdt.
67-11, 47 FR 16309, Apr. 15, 1982; Amdt. 67-13, 54 FR 39292, Sept. 25,
1989)
14 CFR 67.27 Denial of medical certificate.
(a) Any person who is denied a medical certificate by an aviation
medical examiner may, within 30 days after the date of the denial, apply
in writing and in duplicate to the Federal Air Surgeon, Attention:
Manager, Aeromedical Certification Division, Federal Aviation
Administration, Post Office Box 25082, Oklahoma City, OK 73125, for
reconsideration of that denial. If he does not apply for
reconsideration during the 30-day period after the date of the denial,
he is considered to have withdrawn his application for a medical
certificate.
(b) The denial of a medical certificate --
(1) By an aviation medical examiner is not a denial by the
Administrator under section 602 of the Federal Aviation Act of 1958 (49
U.S.C. 1422);
(2) By the Federal Air Surgeon is considered to be a denial by the
Administrator under that section of the Act; and
(3) By the Manager, Aeromedical Certification Division, AAM-300, or a
Regional Flight Surgeon is considered to be a denial by the
Administrator under the Act except where the applicant does not meet the
standards of 67.13(d)(1)(ii), (d)(2)(ii), or (f)(2), 67.15(d)(1)(ii),
(d)(2)(ii), or (f)(2), or 67.17(d)(1)(ii), (d)(2)(ii), or (f)(2).
(c) Any action taken under 67.25(b) that wholly or partly reverses
the issue of a medical certificate by an aviation medical examiner is
the denial of a medical certificate under paragraph (b) of this section.
(d) If the issue of a medical certificate is wholly or partly
reversed upon reconsideration by the Federal Air Surgeon, the Manager,
Aeromedical Certification Division, AAM-300, or a Regional Flight
Surgeon, the person holding that certificate shall surrender it, upon
request of the FAA.
(Secs. 313(a), 601, and 602, Federal Aviation Act of 1958, as amended
(49 U.S.C. 1354(a), 1421, and 1422); sec. 6(c), Department of
Transportation Act (49 U.S.C. 1655(c)))
(Doc. No. 7077, Amdt. 67-5, 31 FR 8357, June 15, 1966, as amended by
Doc. No. 8084, 32 FR 5769, Apr. 11, 1967; Amdt. 67-9, 37 FR 4072, Feb.
26, 1972; Amdt. 67-11, 47 FR 16309, Apr. 15, 1982; Amdt. 67-13, 54 FR
39292, Sept. 25, 1989)
14 CFR 67.29 Medical certificates by senior flight surgeons of armed
forces.
(a) The FAA has designated senior flight surgeons of the armed forces
on specified military posts, stations, and facilities, as aviation
medical examiners.
(b) An aviation medical examiner described in paragraph (a) of this
section may give physical examinations to applicants for FAA medical
certificates who are on active duty or who are, under Department of
Defense medical programs, eligible for FAA medical certification as
civil airmen. In addition, such an examiner may issue or deny an
appropriate FAA medical certificate in accordance with the regulations
of this chapter and the policies of the FAA.
(c) Any interested person may obtain a list of the military posts,
stations, and facilities at which a senior flight surgeon has been
designated as an aviation medical examiner, from the Surgeon General of
the armed force concerned or from the Manager, Aeromedical Certification
Division, AAM-300, Department of Transportation, Federal Aviation
Administration, Civil Aeromedical Institute, Post Office Box 25082,
Oklahoma City, OK 73125.
(Doc. No. 1179, 27 FR 7980, Aug. 10, 1962, as amended by Doc. No.
8084, 32 FR 5769, Apr. 11, 1967; Amdt. 67-8, 35 FR 14076, Sept. 4,
1970; Amdt. 67-13, 54 FR 39292, Sept. 25, 1989)
14 CFR 67.31 Medical records.
Whenever the Administrator finds that additional medical information
or history is necessary to determine whether an applicant for or the
holder of a medical certificate meets the medical standards for it, he
requests that person to furnish that information or authorize any
clinic, hospital, doctor, or other person to release to the
Administrator any available information or records concerning that
history. If the applicant, or holder, refuses to provide the requested
medical information or history or to authorize the release so requested,
the Administrator may suspend, modify, or revoke any medical certificate
that he holds or may, in the case of an applicant, refuse to issue a
medical certificate to him.
(Secs. 303(d), 313(a), 314(b), 601, 602, 609, Federal Aviation Act of
1958 (49 U.S.C. 1344, 1354, 1355(b), 1421, 1422, 1429))
(Amdt. 67-5, 31 FR 8357, June 15, 1966)
14 CFR 67.31 SUBCHAPTER E -- AIRSPACE
14 CFR 67.31 PART 71 -- DESIGNATION OF FEDERAL AIRWAYS, AREA LOW ROUTES, CONTROLLED AIRSPACE, AND REPORTING POINTS, JET ROUTES, AND AREA HIGH ROUTES
14 CFR 67.31 Subpart A -- General
Sec.
71.1 Applicability.
71.3 Classification of Federal airways.
71.5 Extent of Federal airways.
71.6 Extent of area low routes.
71.7 Control areas.
71.9 Continental control area.
71.11 Control zones.
71.12 Terminal control areas.
71.13 Transition areas.
71.14 Airport radar service areas.
71.15 Positive control areas.
71.17 Reporting points.
71.19 Bearings; radials; miles.
14 CFR 67.31 Subparts B-K (Note)
14 CFR 67.31 Subpart L -- Airport Radar Service
71.501 Designation.
14 CFR 67.31 Subpart M -- Jet Routes and Area High Routes
Sec.
71.601 Applicability.
71.603 Jet routes.
71.605 Area Routes above 18,000 feet MSL.
71.607 Jet route descriptions.
71.609 Area high route descriptions
14 CFR 67.31 Subpart A -- General
Authority: 49 U.S.C. 1348(a) and 1354(a); 49 U.S.C. 106(g)
(Revised, Pub. L. 97-449, January 12, 1983); 14 CFR 11.69.
Source: 46 FR 403, Jan. 2, 1981, unless otherwise noted.
14 CFR 71.1 Applicability.
The complete listing for all jet routes and area high routes can be
found in FAA Order 7400.7, Compilation of Regulations, which was last
published as of April 30, 1991, and effective November 1, 1991. This
incorporation by reference was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The
approval to incorporate by reference FAA Order 7400.7 is effective as of
December 17, 1991 through September 15, 1993. Copies of this order may
be obtained from the Document Inspection Facility, APA-220, Federal
Aviation Administration, 800 Independence Avenue, SW., Washington, DC
20591, (202) 267-3484. Copies may be inspected in Docket Number 24456
at the Federal Aviation Administration, Office of the Chief Counsel,
AGC-10, room 915G, 800 Independence Avenue, SW., Washington, DC 20591
weekdays between 8:30 a.m. and 5 p.m. or at the Office of the Federal
Register, 1100 L Street, NW., room 8401, Washington, DC. This section
is effective as of December 17, 1991, through September 15, 1993.
(Doc. No. 24456, 56 FR 65654, Dec. 17, 1991)
Effective Date Note: By Amdt. 71-14, 56 FR 65654, Dec. 17, 1991,
71.1 was revised, effective December 17, 1991 through September 15,
1993.
14 CFR 71.3 Classification of Federal airways.
Federal airways are classified as follows:
(a) Colored Federal airways:
(1) Green Federal airways.
(2) Amber Federal airways.
(3) Red Federal airways.
(4) Blue Federal airways.
(b) VOR Federal airways.
14 CFR 71.5 Extent of Federal airways.
(a) Each Federal airway is based on a centerline that extends from
one navigational aid or intersection to another navigational aid (or
through several navigational aids or intersections) specified for that
airway.
(b) Unless otherwise specified in subpart B or C --
(1) Each Federal airway includes the airspace within parallel
boundary lines 4 miles each side of the centerline. Where an airway
changes direction, it includes that airspace enclosed by extending the
boundary lines of the airway segments until they meet.
(2) Where the changeover point for an airway segment is more than 51
miles from either of the navigational aids defining that segment, and --
(i) The changeover point is midway between the navigational aids, the
airway includes the airspace between lines diverging at angles of 4.5
from the centerline at each navigational aid and extending until they
intersect opposite the changeover point; or
(ii) The changeover point is not midway between the navigational
aids, the airway includes the airspace between lines diverging at angles
of 4.5 from the centerline at the navigational aid more distant from
the changeover point, and extending until they intersect with the
bisector of the angle of the centerlines at the changeover point; and
between lines connecting these points of intersection and the
navigational aid nearer to the changeover point.
(3) Where an airway terminates at a point or intersection more than
51 miles from the closest associated navigational aid it includes the
additional airspace within lines diverging at angles of 4.5 from the
centerline extending from the associated navigational aid to a line
perpendicular to the centerline at the termination point.
(4) Where an airway terminates, it includes the airspace within a
circle centered at the specified navigational aid or intersection having
a diameter equal to the airway width at that point. However, an airway
does not extend beyond the domestic/oceanic control area boundary.
(c) Unless otherwise specified in subpart B or C --
(1) Each Federal airway includes that airspace extending upward from
1,200 feet above the surface of the earth to, but not including, 18,000
feet MSL, except that Federal airways for Hawaii have no upper limits.
Variations of the lower limits of an airway are expressed in digits
representing hundreds of feet above the surface (AGL) or mean sea level
(MSL) and, unless otherwise specified, apply to the segment of an airway
between adjoining navigational aids or intersections; and
(2) The airspace of a Federal airway within the lateral limits of a
transition area has a floor coincident with the floor of the transition
area.
(d) One or more alternate airways may be designated between specified
navigational aids or intersections along each VOR Federal airway
described in subpart C. Unless otherwise specified, the centerline of
an alternate VOR Federal airway and the centerline of the corresponding
segment of the main VOR Federal airway are separated by 15 .
(e) A Federal airway does not include the airspace of a prohibited
area.
14 CFR 71.6 Extent of area low routes.
(a) Each area low route is based on a centerline that extends from
one waypoint to another waypoint (or through several waypoints)
specified for that area low route. An area low route does not include
the airspace of a prohibited area. All mileages specified in connection
with area low routes are nautical miles.
(b) Unless otherwise specified in subpart J, the following apply:
(1) Except as provided in paragraph (b)(2) of this section, each area
low route includes, and is limited to, that airspace within parallel
boundary lines 4 or more miles on each side of the route centerline as
described in the middle column of the following table, plus that
additional airspace outside of those parallel lines and within lines
drawn outward from those parallel lines at angles of 3.25 , beginning at
the distance from the tangent point specified in the right-hand column
of the following table:
(2) Each area low route, whose centerline is at least 2 miles, and
not more than 3 miles from the reference facility, includes, in addition
to the airspace specified in paragraph (b)(1) of this section, that
airspace on the reference facility side of the centerline that is within
lines connecting the point that is 4.9 miles from the tangent point on a
perpendicular line from the centerline through the reference facility,
thence to the edges of the boundary lines described in paragraph (b)(1)
of this section, intersecting those boundary lines at angles of 5.15 .
(3) Where an area low route changes direction, it includes that
airspace enclosed by extending the boundary lines of the route segments
until they meet.
(4) Where the widths of adjoining route segments are unequal, the
following apply:
(i) If the tangent point of the narrower segment is on the route
centerline, the width of the narrower segment includes that additional
airspace within lines from the lateral extremity of the wider segment
where the route segments join, thence toward the tangent point of the
narrower route segment, until intersecting the boundary of the narrower
segment.
(ii) If the tangent point of the narrower segment is on the route
centerline extended, the width of the narrower segment includes that
additional airspace within lines from the lateral extremity of the wider
segment where the route segments join, thence toward the tangent point
until reaching the point where the narrower segment terminates or
changes direction, or until intersecting the boundary of the narrower
segment.
(5) Where an area low route terminates, it includes that airspace
within a circle whose center is the terminating waypoint, and whose
diameter is equal to the route segment width at that waypoint, except
that an area low route does not extend beyond the domestic/oceanic
control area boundary.
(6) Each area low route includes that airspace extending upward from
1,200 feet above the surface of the earth to, but not including, 18,000
feet MSL, except that area low routes for Hawaii have no upper limits.
Variations of the lower limits of an area low route are expressed in
digits representing hundreds of feet above the surface (AGL) or mean sea
level (MSL) and, unless otherwise specified, apply to the route segment
between adjoining waypoints used in the description of the route.
(7) The airspace of an area low route within the lateral limits of a
transition area has a floor coincident with the floor of the transition
area.
14 CFR 71.7 Control areas.
Control areas consist of the airspace designated in subparts B, C, E,
and J, but do not include the continental control area. Unless
otherwise designated, control areas include the airspace between a
segment of a main VOR Federal airway and its associated alternate
segments with the vertical extent of the area corresponding to the
vertical extent of the related segment of the main airway.
14 CFR 71.9 Continental control area.
The Continental Control Area consists of the airspace at and above
14,500 feet MSL overlying: the 48 contiguous States including the
waters within 3 nautical miles of the coast; the waters between 3 and
12 nautical miles from the coast of the 48 contiguous States; the
District of Columbia; Alaska including the waters within 3 nautical
miles of the coast; and the waters between 3 and 12 nautical miles from
the coast of Alaska; excluding the Alaska peninsula west of longitude
160 00 00" W.; but does not include --
(a) The airspace less than 1,500 feet above the surface of the earth;
or
(b) Prohibited and restricted areas, other than restricted areas
listed in subpart D of this part.
(Doc. No. 25768, 54 FR 265, Jan. 4, 1989)
14 CFR 71.11 Control zones.
The control zones listed in subpart F of this part consist of
controlled airspace which extends upward from the surface of the earth
and terminates at the base of the continental control area. Control
zones that do not underlie the continental control area have no upper
limit. A control zone may include one or more airports and is normally
a circular area with a radius of 5 miles and any extensions necessary to
include instrument approach and departure paths.
Effective Date Note: By Amdt. 71-14, 56 FR 65654, Dec. 17, 1991,
71.11 was revised, effective October 15, 1992. For the convenience of
the user, the revised text follows.
71.11 Control zone.
The control zones listed in subpart F of FAA Order 7400.7
(incorporated by reference, see 71.1) consist of controlled airspace
which, unless otherwise specified, extends upward from the surface of
the earth and terminates at the base of the continental control area.
Unless otherwise specified, control zones that do not underlie the
continental control area have no upper limit. A control zone may
include one or more airports and is normally a circular area with
extensions as necessary to include instrument approach paths.
(Doc. No. 24456, 56 FR 65654, Dec. 17, 1991)
14 CFR 71.12 Terminal control areas.
The terminal control areas listed in subpart K of this part consist
of controlled airspace extending upward from the surface or higher to
specified altitudes, within which all aircraft are subject to operating
rules and pilot and equipment requirements specified in part 91 of this
chapter. Each such location includes at least one primary airport
around which the terminal control area is located.
(Doc. No. 25304, Amdt. 71-11, 53 FR 40322, Oct. 14, 1988)
14 CFR 71.13 Transition areas.
The transition areas listed in subpart G consist of controlled
airspace extending upward from 700 feet or more above the surface of the
earth when designated in conjunction with an airport for which an
approved instrument approach procedure has been prescribed; or from
1,200 feet or more above the surface of the earth when designated in
conjunction with airway route structures or segments. Unless otherwise
specified, transition areas terminate at the base of the overlying
controlled airspace.
14 CFR 71.14 Airport radar service areas.
The airport radar service areas listed in subpart L of this part
consist of controlled airspace extending upward from the surface or
higher to specified altitudes, within which all aircraft are subject to
operating rules and equipment requirements specified in part 91 of this
chapter. Each location listed includes at least one primary airport
around which the airport radar service area is located.
(50 FR 9258, Mar. 6, 1985)
14 CFR 71.15 Positive control areas.
The positive control areas listed in subpart H consist of controlled
airspace within which there is positive control of aircraft.
14 CFR 71.17 Reporting points.
(a) The reporting points listed in subpart I consist of geographic
locations, in relation to which the position of an aircraft must be
reported in accordance with 91.183 of this chapter.
(b) Unless otherwise designated, each reporting point applies to all
directions of flight. In any case where a geographic location is
designated as a reporting point for less than all airways passing
through that point, or for a particular direction of flight along an
airway only, it is so indicated by including the airways or direction of
flight in the designation of geographical location.
(c) Unless otherwise specified, place names appearing in the
reporting point descriptions indicate VOR or VORTAC facilities
identified by those names.
(46 FR 403, Jan. 2, 1981, as amended by Amdt. 71-13, 54 FR 34331,
Aug. 18, 1989)
14 CFR 71.19 Bearings; radials; miles.
(a) All bearings and radials in this part are true, and are applied
from point of origin.
(b) Except as otherwise specified and except that mileages for
Federal airways are stated as nautical miles, all mileages in this part
are stated as statute miles.
Effective Date Note: By Amdt. 71-14, 56 FR 65654, Dec. 17, 1991,
71.19 was revised, effective October 15, 1992. For the convenience of
the user, the revised text follows.
71.19 Bearings; radials; miles.
All bearings and radials in this part are true and are applied from
point of origin and all mileages in this part are stated as nautical
miles.
(Doc. No. 24456, 56 FR 65654, Dec. 17, 1991)
14 CFR 71.19 Subparts B-K
Editorial Note: The full text of subparts B-K was published in the
Federal Register but is not carried in the Code of Federal Regulations.
For Federal Register citations affecting these subparts, see the List of
CFR Sections Affected in the Finding Aids section of this volume.
14 CFR 71.19 Subpart L -- Airport Radar Service Areas
14 CFR 71.501 Designation.
The airspace descriptions listed below are designated as airport
radar service areas. The primary airport for each airport radar service
area is also designated. Except as otherwise specified, all mileages
are nautical miles and all altitudes are above mean sea level.
(50 FR 9258, Mar. 6, 1985)
Editorial Note: The airspace description list is published in the
Federal Register but is not carried in the Code of Federal Regulations.
For Federal Register citations affecting this section, see the List of
CFR Sections Affected in the Finding Aids section of this volume.
14 CFR 71.501 Subpart M -- Jet Routes and Area High Routes
Source: Docket No. 24456, 56 FR 65654, Dec. 17, 1991, unless
othewise noted.
14 CFR 71.601 Applicability.
The routes described in 71.607 between high altitude navigational
aids or intersections of their signals, are designated as jet routes
along which aircraft may be operated between 18,000 feet MSL and flight
level 450. The routes described in 71.609 are designated as area high
routes.
14 CFR 71.603 Jet routes.
Each jet route designated in 71.607 consists of a direct course for
navigating between 18,000 feet MSL and flight level 450, inclusive,
between the navigational aids and intersections specified for that
route.
14 CFR 71.605 Area routes above 18,000 feet MSL.
Each area route designated in 71.609 consists of a direct course for
navigating aircraft at altitudes between 18,000 feet MSL and flight
level 450, inclusive, between the waypoints specified for that route.
14 CFR 71.607 Jet route descriptions.
Each jet route description can be found in part 75 of FAA Order
7400.7 (incorporated by reference, see 71.1).
14 CFR 71.609 Area high route descriptions.
Each area route description can be found in part 75 of FAA Order
7400.7 (incorporated by reference, see 71.1).
Effective Date Note: By Amdt. 71-14, 56 FR 65654, Dec. 17, 1991,
part 71 was revised, effective September 16, 1993. For the convenience
of the user, the revised text follows.
14 CFR 71.609 Pt. 71 -- Note
14 CFR 71.609 PART 71 -- DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS
14 CFR 71.609 Subpart A -- General; Class A Airspace
Sec.
71.1 Airspace classification.
71.3 (Reserved)
71.5 Reporting points.
71.7 Bearings, radials, and mileages.
71.9 Overlapping airspace designations.
71.31 Class A airspace.
71.33 Class A airspace areas.
14 CFR 71.609 Subpart B -- Class B Airspace
71.41 Class B airspace.
14 CFR 71.609 Subpart C -- Class C Airspace
71.51 Class C airspace.
14 CFR 71.609 Subpart D -- Class D Airspace
71.61 Class D airspace.
14 CFR 71.609 Subpart E -- Class E Airspace
71.71 Class E airspace.
71.73 Classification of Federal airways.
71.75 Extent of Federal airways.
71.77 Extent of area low routes.
71.79 Designation of VOR Federal airways.
14 CFR 71.609 Subpart F -- (Reserved)
14 CFR 71.609 Subpart G -- (Reserved)
14 CFR 71.609 Subpart H -- Reporting Points
71.901 Applicability.
Authority: 49 U.S.C. App. 1348(a), 1354(a), 1510; Executive Order
10854; 49 U.S.C. app. 106(g) 14 CFR 11.69.
Source: Docket No. 24456, 56 FR 65654, Dec. 17, 1991, unless
otherwise noted.
14 CFR 71.609 Subpart A -- General; Class A Airspace
71.1 Airspace classification.
The complete listing of these airspace designations can be found in
FAA Order 7400.9, Airspace Reclassification, which is effective
September 16, 1993. This incorporation by reference was approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. The approval to incorporate by reference FAA Order
7400.9 is effective as of September 16, 1993, through September 15,
1994. Copies of this order may be obtained from the Document Inspection
Facility, APA-220, Federal Aviation Administration, 800 Independence
Avenue, SW., Washington, DC 20591 (202) 267-3484. Copies may be
inspected in Docket No. 24456 at the Federal Aviation Administration,
Office of the Chief Counsel, AGC-10, room 915G, 800 Independence Avenue,
SW., Washington, DC 20591 weekdays between 8:30 a.m. and 5 p.m. or at
the Office of the Federal Register, 1100 L Street, NW., room 8401,
Washington, D.C.
(a) The airspace assignments described in this subpart are designated
as Class A airspace areas.
(b) The airspace assignments described in subpart B are designated as
Class B airspace areas.
(c) The airspace assignments described in subpart C are designated as
Class C airspace areas.
(d) The airspace assignments described in subpart D are designated as
Class D airspace areas.
(e) The airspace assignments described in subpart E are designated as
Class E airspace areas.
(f) Airspace not assigned in subpart A, B, C, D, E, or H of this part
is uncontrolled airspace and is designated as Class G airspace.
71.3 (Reserved)
71.5 Reporting points.
The reporting points listed in subpart H of FAA Order 7400.9
(incorporated by reference, see 71.1) consist of geographic locations
at which the position of an aircraft must be reported in accordance with
part 91 of this chapter.
71.7 Bearings, radials, and mileages.
All bearings and radials in this part are true and are applied from
point of origin and all mileages in this part are stated as nautical
miles.
71.9 Overlapping airspace designations.
(a) When overlapping airspace designations apply to the same
airspace, the operating rules associated with the more restrictive
airspace designation apply.
(b) For the purpose of this section --
(1) Class A airspace is more restrictive than Class B, Class C, Class
D, Class E, or Class G airspace;
(2) Class B airspace is more restrictive than Class C, Class D, Class
E, or Class G airspace;
(3) Class C airspace is more restrictive than Class D, Class E, or
Class G airspace;
(4) Class D airspace is more restrictive than Class E or Class G
airspace; and
(5) Class E is more restrictive than Class G airspace.
71.31 Class A airspace.
The airspace descriptions contained in 71.33 and the routes
contained in subpart A of FAA Order 7400.9 (incorporated by reference,
see 71.1) are designated as Class A airspace within which all pilots
and aircraft are subject to the rating requirements, operating rules,
and equipment requirements of Part 91 of this chapter.
71.33 Class A airspace areas.
(a) That airspace of the United States, including that airspace
overlying the waters within 12 nautical miles of the coast of the 48
contiguous States, from 18,000 feet MSL to and including FL600 excluding
the states of Alaska and Hawaii, Santa Barbara Island, Farallon Island,
and the airspace south of latitude 25 04'00'' North.
(b) That airspace of the State of Alaska, including that airspace
overlying the waters within 12 nautical miles of the coast, from 18,000
feet MSL to and including FL600 but not including the airspace less than
1,500 feet above the surface of the earth and the Alaska Peninsula west
of longitude 160 00'00'' West.
14 CFR 71.609 Subpart B -- Class B Airspace
71.41 Class B airspace.
The Class B airspace areas listed in subpart B of FAA Order 7400.9
(incorporated by reference, see 71.1) consist of specified airspace
within which all aircraft operators are subject to the minimum pilot
qualification requirements, operating rules, and aircraft equipment
requirements of part 91 of this chapter. Each Class B airspace area
designated for an airport in subpart B of FAA Order 7400.9 (incorporated
by reference, see 71.1) contains at least one primary airport around
which the airspace is designated.
14 CFR 71.609 Subpart C Class C Airspace
71.51 Class C airspace.
The Class C airspace areas listed in subpart C of FAA Order 7400.9
(incorporated by reference, see 71.1) consist of specified airspace
within which all aircraft operators are subject to operating rules and
equipment requirements specified in part 91 of this chapter. Each Class
C airspace area designated for an airport in subpart C of FAA Order
7400.9 (incorporated by reference, see 71.1) contains at least one
primary airport around which the airspace is designated
14 CFR 71.609 Subpart D -- Class D Airspace
71.61 Class D airspace.
The Class D airspace areas listed in subpart D of FAA Order 7400.9
(incorporated by reference, see 71.1) consist of specified airspace
within which all aircraft operators are subject to operating rules and
equipment requirements specified in part 91 of this chapter. Each Class
D airspace area designated for an airport in subpart D of FAA Order
7400.9 (incorporated by reference, see 71.1) contains at least one
primary airport around which the airspace is designated.
14 CFR 71.609 Subpart E -- Class E Airspace
71.71 Class E airspace.
Class E Airspace consists of:
(a) The airspace of the United States, including that airspace
overlying the waters within 12 nautical miles of the coast of the 48
contiguous states and Alaska, extending upward from 14,500 feet MSL up
to, but not including 18,000 feet MSL, and excluding --
(1) The Alaska peninsula west of longitude 160 00'00''W.;
(2) The airspace below 1,500 feet above the surface of the earth;
and
(3) Prohibited and restricted areas, other than restricted areas
listed in subpart E of FAA Order 7400.9 (incorporated by reference, see
71.1).
(b) The airspace areas designated for an airport in subpart E of FAA
Order 7400.9 (incorporated by reference, see 71.1) within which all
aircraft operators are subject to the operating rules specified in part
91 of this chapter.
(c) The airspace areas listed as domestic airspace areas in subpart E
of FAA Order 7400.9 (incorporated by reference, see 71.1) which extend
upward from 700 feet or more above the surface of the earth when
designated in conjunction with an airport for which an approved
instrument approach procedure has been prescribed, or from 1,200 feet or
more above the surface of the earth when designated in conjunction with
segments of airways or routes. When such areas are designated in
conjunction with airways or routes, the extent of such designation has
the lateral extent identical to that of a Federal airway and extends
upward from 1,200 feet or higher unless otherwise specified.
(d) The Federal airways and area low routes described and listed in
subpart E of FAA Order 7400.9 (incorporated by reference, see 71.1).
(e) The airspace areas listed as offshore airspace areas in subpart E
of FAA Order 7400.9 (incorporated by reference, see 71.1) which are
designated in international airspace within areas of domestic radio
navigational signal or ATC radar coverage, and within which domestic ATC
procedures are applied. When designated in conjunction with a route,
the extent of such designation is as follows:
(1) Unless otherwise specified, the airspace centered on each jet
route segment listed in subpart E of FAA Order 7400.9 (incorporated by
reference, see 71.1) has a vertical extent identical to that of a jet
route and a lateral extent identical to that of a Federal airway.
Unless otherwise specified, the place names appearing in the
descriptions indicate VOR or VORTAC facilities identified by those
names.
(2) Unless otherwise specified, each airspace area has a lateral
extent identical to that of a Federal airway and extends upward from
1,200 feet above the surface of the earth.
71.73 Classification of Federal airways.
Federal airways are classified as follows:
(a) Colored Federal airways:
(1) Green Federal airways.
(2) Amber Federal airways.
(3) Red Federal airways.
(4) Blue Federal airways.
(b) VOR Federal airways.
71.75 Extent of Federal airways.
(a) Each Federal airway is based on a center line that extends from
one navigational aid or intersection to another navigational aid (or
through several navigational aids or intersections) specified for that
airway.
(b) Unless otherwise specified:
(1) Each Federal airway includes the airspace within parallel
boundary lines 4 miles each side of the center line. Where an airway
changes direction, it includes that airspace enclosed by extending the
boundary lines of the airway segments until they meet.
(2) Where the changeover point for an airway segment is more than 51
miles from either of the navigational aids defining that segment, and --
(i) The changeover point is midway between the navigational aids, the
airway includes the airspace between lines diverging at angles of 4.5
from the center line at each navigational aid and extending until they
intersect opposite the changeover point; or
(ii) The changeover point is not midway between the navigational
aids, the airway includes the airspace between lines diverging at angles
of 4.5 from the center line at the navigational aid more distant from
the changeover point, and extending until they intersect with the
bisector of the angle of the center lines at the changeover point; and
between lines connecting these points of intersection and the
navigational aid nearer to the changeover point.
(3) Where an airway terminates at a point or intersection more than
51 miles from the closest associated navigational aid, it includes the
additional airspace within lines diverging at angles of 4.5 from the
center line extending from the associated navigational aid to a line
perpendicular to the center line at the termination point.
(4) Where an airway terminates, it includes the airspace within a
circle centered at the specified navigational aid or intersection having
a diameter equal to the airway width at that point. However, an airway
does not extend into an oceanic control area.
(c) Unless otherwise specified --
(1) Each Federal airway includes that airspace extending upward from
1,200 feet above the surface of the earth to, but not including, 18,000
feet MSL, except that Federal airways for Hawaii have no upper limits.
Variations of the lower limits of an airway are expressed in digits
representing hundreds of feet above the surface or MSL and, unless
otherwise specified, apply to the segment of an airway between adjoining
navigational aids or intersections; and
(2) The airspace of a Federal airway, within the lateral limits of a
Class E airspace area with a lower floor, has a floor coincident with
the floor of that area.
(d) A Federal airway does not include the airspace of a prohibited
area.
71.77 Extent of area low routes.
(a) Each area low route is based on a center line that extends from
one waypoint to another waypoint (or through several waypoints)
specified for that area low route. An area low route does not include
the airspace of a prohibited area. All mileages specified in connection
with area low routes are nautical miles.
(b) Unless otherwise specified in subpart E of FAA Order 7400.9
(incorporated by reference, see 71.1), the following apply:
(1) Except as provided in paragraph (2) of this section, each area
low route includes, and is limited to, that airspace within parallel
boundary lines 4 or more miles on each side of the route center line as
described in the middle column of the following table, plus that
additional airspace outside those parallel lines and within lines drawn
outward from those parallel lines at angles of 3.25 , beginning at the
distance from the tangent point specified in the right-hand column of
the following table:
(2) Each area low route, whose center line is at least 2 miles, and
not more than 3 miles from the reference facility, includes, in addition
to the airspace specified in subparagraph (1) of this paragraph, that
airspace on the reference facility side of the center line that is
within lines connecting the point that is 4.9 miles from the tangent
point on a perpendicular line from the center line through the reference
facility, thence to the edges of the boundary lines described in
paragraph (b)(1) of this section, intersecting those boundary lines at
angles of 5.15 .
(3) Where an area low route changes direction, it includes that
airspace enclosed by extending the boundary lines of the route segments
until they meet.
(4) Where the widths of adjoining route segments are unequal, the
following apply:
(i) If the tangent point of the narrower segment is on the route
center line, the width of the narrower segment includes that additional
airspace within lines from the lateral extremity of the wider segment
where the route segments join, thence toward the tangent point of the
narrower route segment, until intersecting the boundary of the narrower
segment.
(ii) If the tangent point of the narrower segment is on the route
center line extended, the width of the narrower segment includes that
additional airspace within lines from the lateral extremity of the wider
segment where the route segments join, thence toward the tangent point
until reaching the point where the narrower segment terminates or
changes direction, or until intersecting the boundary of the narrower
segment.
(5) Where an area low route terminates, it includes that airspace
within a circle whose center is the terminating waypoint, and whose
diameter is equal to the route segment width at that waypoint, except
that an area low route does not extend into an oceanic control area.
(6) Each area low route includes that airspace extending upward from
1,200 feet above the surface of the earth to, but not including, 18,000
feet MSL, except that area low routes for Hawaii have no upper limits.
Variations of the lower limits of an area low route are expressed in
digits representing hundreds of feet above the surface or MSL and,
unless otherwise specified, apply to the route segment between adjoining
waypoints used in the description of the route.
(7) The airspace of an area low route within the lateral limits of a
700- or 1,200-foot above the surface Class E airspace area has a floor
coincident with the floor of that area.
71.79 Designation of VOR Federal airways.
Unless otherwise specified the place names appearing in the
descriptions of airspace areas in Subpart E of FAA Order 7400.9
(incorporated by reference, see 71.1) designated as VOR Federal airways
indicate VOR or VORTAC navigational facilities identified by those
names.
14 CFR 71.609 Subpart F -- (Reserved)
14 CFR 71.609 Subpart G -- (Reserved)
14 CFR 71.609 Subpart H -- Reporting Points
71.901 Applicability.
Unless otherwise designated:
(a) Each reporting point listed in subpart H of FAA Order 7400.9
(incorporated by reference, see 71.1) applies to all directions of
flight. In any case where a geographic location is designated as a
reporting point for less than all airways passing through that point, or
for a particular direction of flight along an airway only, it is so
indicated by including the airways or direction of flight in the
designation of geographical location.
(b) Place names appearing in the reporting point descriptions
indicate VOR or VORTAC facilities identified by those names.
14 CFR 71.609 PART 73 -- SPECIAL USE AIRSPACE
14 CFR 71.609 Subpart A -- General
Sec.
73.1 Applicability.
73.3 Special use airspace.
73.5 Bearings; radials; miles.
14 CFR 71.609 Subpart B -- Restricted Areas
73.11 Applicability.
73.13 Restrictions.
73.15 Using agency.
73.17 Controlling agency.
73.19 Reports by using agency.
14 CFR 71.609 Subpart C -- Prohibited Areas
73.81 Applicability.
73.83 Restrictions.
73.85 Using agency.
Authority: 49 U.S.C. 1348(a), 1354(a), 1510, 1522; Executive Order
10854; 49 U.S.C. 106(g) (Revised Pub. L. 97-449, January 12, 1983); 14
CFR 11.69.
Source: 46 FR 779, Jan. 2, 1981, unless otherwise noted.
14 CFR 71.609 Special Federal Aviation Regulation No. 53 --
Establishment of Warning Areas in the Airspace Overlying the Waters
Between 3 and 12 Nautical Miles From the United States Coast
1. Applicability. This rule establishes warning areas in the same
location as nonregulatory warning areas previously designated over
international waters. This special regulation does not affect the
validity of any nonregulatory warning area which is designated over
international waters beyond 12 nautical miles from the coast of the
United States. This special regulation expires on December 27, 1993.
2. Definition -- Warning area. A warning area established under this
special rule is airspace of defined dimensions, extending from 3 to 12
nautical miles from the coast of the United States, that contains
activity which may be hazardous to nonparticipating aircraft. The
purpose of such warning areas is to warn nonparticipating pilots of the
potential danger. Part 91 is applicable within the airspace designated
under this special rule.
Non-regulatory warning area. A non-regulatory warning area is
airspace of defined dimensions designated over international waters that
contains activity which may be hazardous to nonparticipating aircraft.
The purpose of such warning areas is to warn nonparticipating pilots of
the potential danger.
3. Participating aircraft. Each person conducting an aircraft
operation within a warning area designated under this special rule and
operating with the approval of the using agency may deviate from the
rules of part 91, subpart B, to the extent that the rules are not
compatible with approved operations.
4. Nonparticipating aircraft. Nonparticipating pilots, while not
excluded from the warning areas established by this SFAR, are on notice
that military activity, which may be hazardous to nonparticipating
aircraft, is conducted in these areas.
(Doc. No. 25767, 54 FR 261, Jan. 4, 1989, as amended by SFAR 53-1, 54
FR 51287, Dec. 13, 1989; SFAR 53-2, 55 FR 53267, Dec. 27, 1990)
14 CFR 71.609 Subpart A -- General
14 CFR 73.1 Applicability.
The airspace that is described in subpart B and subpart C of this
part is designated as special use airspace. These parts prescribe the
requirements for the use of that airspace.
14 CFR 73.3 Special use airspace.
(a) Special use airspace consists of airspace of defined dimensions
identified by an area on the surface of the earth wherein activities
must be confined because of their nature, or wherein limitations are
imposed upon aircraft operations that are not a part of those
activities, or both.
(b) The vertical limits of special use airspace are measured by
designated altitude floors and ceilings expressed as flight levels or as
feet above mean sea level. Unless otherwise specified, the word ''to''
(an altitude or flight level) means ''to and including'' (that altitude
or flight level).
(c) The horizontal limits of special use airspace are measured by
boundaries described by geographic coordinates or other appropriate
references that clearly define their perimeter.
(d) The period of time during which a designation of special use
airspace is in effect is stated in the designation.
14 CFR 73.5 Bearings; radials; miles.
(a) All bearings and radials in this part are true from point of
origin.
(b) Unless otherwise specified, all mileages in this part are stated
as statute miles.
14 CFR 73.5 Subpart B -- Restricted Areas
14 CFR 73.11 Applicability.
This subpart designates restricted areas and prescribes limitations
on the operation of aircraft within them.
14 CFR 73.13 Restrictions.
No person may operate an aircraft within a restricted area between
the designated altitudes and during the time of designation, unless he
has the advance permission of
(a) The using agency described in 73.15; or
(b) The controlling agency described in 73.17.
14 CFR 73.15 Using agency.
(a) For the purposes of this subpart, the following are using
agencies;
(1) The agency, organization, or military command whose activity
within a restricted area necessitated the area being so designated.
(b) Upon the request of the FAA, the using agency shall execute a
letter establishing procedures for joint use of a restricted area by the
using agency and the controlling agency, under which the using agency
would notify the controlling agency whenever the controlling agency may
grant permission for transit through the restricted area in accordance
with the terms of the letter.
(c) The using agency shall --
(1) Schedule activities within the restricted area;
(2) Authorize transit through, or flight within, the restricted area
as feasible; and
(3) Contain within the restricted area all activities conducted
therein in accordance with the purpose for which it was designated.
14 CFR 73.17 Controlling agency.
For the purposes of this part, the controlling agency is the FAA
facility that may authorize transit through or flight within a
restricted area in accordance with a joint-use letter issued under
73.15.
14 CFR 73.19 Reports by using agency.
(a) Each using agency shall prepare a report on the use of each
restricted area assigned thereto during any part of the preceding
12-month period ended September 30, and transmit it by the following
January 31 of each year to the Manager, Air Traffic Division in the
regional office of the Federal Aviation Administration having
jurisdiction over the area in which the restricted area is located, with
a copy to the Director, Air Traffic Operations Service, Federal Aviation
Administration, Washington, DC 20591.
(b) In the report under this section the using agency shall:
(1) State the name and number of the restricted area as published in
this part, and the period covered by the report.
(2) State the activities (including average daily number of
operations if appropriate) conducted in the area, and any other
pertinent information concerning current and future electronic
monitoring devices.
(3) State the number of hours daily, the days of the week, and the
number of weeks during the year that the area was used.
(4) For restricted areas having a joint-use designation, also state
the number of hours daily, the days of the week, and the number of weeks
during the year that the restricted area was released to the controlling
agency for public use.
(5) State the mean sea level altitudes or flight levels (whichever is
appropriate) used in aircraft operations and the maximum and average
ordinate of surface firing (expressed in feet, mean sea level altitude)
used on a daily, weekly, and yearly basis.
(6) Include a chart of the area (of optional scale and design)
depicting, if used, aircraft operating areas, flight patterns, ordnance
delivery areas, surface firing points, and target, fan, and impact
areas. After once submitting an appropriate chart, subsequent annual
charts are not required unless there is a change in the area, activity
or altitude (or flight levels) used, which might alter the depiction of
the activities originally reported. If no change is to be submitted, a
statement indicating ''no change'' shall be included in the report.
(7) Include any other information not otherwise required under this
part which is considered pertinent to activities carried on in the
restricted area.
(c) If it is determined that the information submitted under
paragraph (b) of this section is not sufficient to evaluate the nature
and extent of the use of a restricted area, the FAA may request the
using agency to submit supplementary reports. Within 60 days after
receiving a request for additional information, the using agency shall
submit such information as the Director, Air Traffic Operations Service
considers appropriate. Supplementary reports must be sent to the FAA
officials designated in paragraph (a) of this section.
(Secs. 307 and 313(a), Federal Aviation Act of 1958 (49 U.S.C. 1348
and 1354(a)))
(Doc. No. 15379, Amdt. 73-4, 42 FR 54798, Oct. 11, 1977, as amended
by Amdt. 73-5, 54 FR 39292, Sept. 25, 1989)
Editorial Note: The restricted areas formerly carried as 608.21 to
608.72 of this title were transferred to part 73 as 73.21 to 73.72
under subpart B but are not carried in the Code of Federal Regulations.
For Federal Register citations affecting these restricted areas, see the
List of CFR Sections Affected in the Finding Aids section of this
volume.
14 CFR 73.19 Subpart C -- Prohibited Areas
14 CFR 73.81 Applicability.
This subpart designates prohibited areas and prescribes limitations
on the operation of aircraft therein.
14 CFR 73.83 Restrictions.
No person may operate an aircraft within a prohibited area unless
authorization has been granted by the using agency.
14 CFR 73.85 Using agency.
For the purpose of this subpart, the using agency is the agency,
organization or military command that established the requirements for
the prohibited area.
Editorial Note: Sections 73.87 through 73.99 are reserved for
descriptions of designated prohibited areas. For Federal Register
citations affecting these prohibited areas, see the List of CFR Sections
Affected in the Finding Aids section of this volume.
14 CFR 73.85 PART 77 -- OBJECTS AFFECTING NAVIGABLE AIRSPACE
14 CFR 73.85 Subpart A -- General
Sec.
77.1 Scope.
77.2 Definition of terms.
77.3 Standards.
77.5 Kinds of objects affected.
14 CFR 73.85 Subpart B -- Notice of Construction or Alteration
77.11 Scope.
77.13 Construction or alteration requiring notice.
77.15 Construction or alteration not requiring notice.
77.17 Form and time of notice.
77.19 Acknowledgment of notice.
14 CFR 73.85 Subpart C -- Obstruction Standards
77.21 Scope.
77.23 Standards for determining obstructions.
77.25 Civil airport imaginary surfaces.
77.27 (Reserved)
77.28 Military airport imaginary surfaces.
77.29 Airport imaginary surfaces for heliports.
14 CFR 73.85 Subpart D -- Aeronautical Studies of Effect of Proposed
Construction on Navigable Airspace
77.31 Scope.
77.33 Initiation of studies.
77.35 Aeronautical studies.
77.37 Discretionary review.
77.39 Effective period of determination of no hazard.
14 CFR 73.85 Subpart E -- Rules of Practice for Hearings Under Subpart
D
77.41 Scope.
77.43 Nature of hearing.
77.45 Presiding officer.
77.47 Legal officer.
77.49 Notice of hearing.
77.51 Parties to the hearing.
77.53 Prehearing conference.
77.55 Examination of witnesses.
77.57 Evidence.
77.59 Subpoenas of witnesses and exhibits.
77.61 Revision of construction or alteration proposal.
77.63 Record of hearing.
77.65 Recommendations by parties.
77.67 Final decision of the Administrator.
77.69 Limitations on appearance and representation.
14 CFR 73.85 Subpart F -- Establishment of Antenna Farm Areas
77.71 Scope.
77.73 General provisions.
77.75 Establishment of antenna farm areas.
Authority: Secs. 104, 307, 313, 1001, and 1101, 72 Stat. 740; 49
U.S.C. 1304, 1348, 1354, 1431, 1501.
Source: Docket No. 1882, 30 FR 1839, Feb. 10, 1965, unless
otherwise noted.
14 CFR 73.85 Subpart A -- General
14 CFR 77.1 Scope.
This part:
(a) Establishes standards for determining obstructions in navigable
airspace;
(b) Sets forth the requirements for notice to the Administrator of
certain proposed construction or alteration;
(c) Provides for aeronautical studies of obstructions to air
navigation, to determine their effect on the safe and efficient use of
airspace;
(d) Provides for public hearings on the hazardous effect of proposed
construction or alteration on air navigation; and
(e) Provides for establishing antenna farm areas.
14 CFR 77.2 Definition of terms.
For the purpose of this part:
Airport available for public use means an airport that is open to the
general public with or without a prior request to use the airport.
A seaplane base is considered to be an airport only if its sea lanes
are outlined by visual markers.
Nonprecision instrument runway means a runway having an existing
instrument approach procedure utilizing air navigation facilities with
only horizontal guidance, or area type navigation equipment, for which a
straight-in nonprecision instrument approach procedure has been
approved, or planned, and for which no precision approach facilities are
planned, or indicated on an FAA planning document or military service
military airport planning document.
Precision instrument runway means a runway having an existing
instrument approach procedure utilizing an Instrument Landing System
(ILS), or a Precision Approach Radar (PAR). It also means a runway for
which a precision approach system is planned and is so indicated by an
FAA approved airport layout plan; a military service approved military
airport layout plan; any other FAA planning document, or military
service military airport planning document.
Utility runway means a runway that is constructed for and intended to
be used by propeller driven aircraft of 12,500 pounds maximum gross
weight and less.
Visual runway means a runway intended solely for the operation of
aircraft using visual approach procedures, with no straight-in
instrument approach procedure and no instrument designation indicated on
an FAA approved airport layout plan, a military service approved
military airport layout plan, or by any planning document submitted to
the FAA by competent authority.
(Amdt. 77-5, 33 FR 5256, Apr. 2, 1968, as amended by Amdt. 77-9, 36
FR 5969, Apr. 1, 1971)
14 CFR 77.3 Standards.
(a) The standards established in this part for determining
obstructions to air navigation are used by the Administrator in:
(1) Administering the Federal-aid Airport Program and the Surplus
Airport Program;
(2) Transferring property of the United States under section 16 of
the Federal Airport Act;
(3) Developing technical standards and guidance in the design and
construction of airports; and
(4) Imposing requirements for public notice of the construction or
alteration of any structure where notice will promote air safety.
(b) The standards used by the Administrator in the establishment of
flight procedures and aircraft operational limitations are not set forth
in this part but are contained in other publications of the
Administrator.
(Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-9,
36 FR 5970, Apr. 1, 1971)
14 CFR 77.5 Kinds of objects affected.
This part applies to:
(a) Any object of natural growth, terrain, or permanent or temporary
construction or alteration, including equipment or materials used
therein, and apparatus of a permanent or temporary character; and
(b) Alteration of any permanent or temporary existing structure by a
change in its height (including appurtenances), or lateral dimensions,
including equipment or materials used therein.
14 CFR 77.5 Subpart B -- Notice of Construction or Alteration
14 CFR 77.11 Scope.
(a) This subpart requires each person proposing any kind of
construction or alteration described in 77.13(a) to give adequate
notice to the Administrator. It specifies the locations and dimensions
of the construction or alteration for which notice is required and
prescribes the form and manner of the notice. It also requires
supplemental notices 48 hours before the start and upon the completion
of certain construction or alteration that was the subject of a notice
under 77.13(a).
(b) Notices received under this subpart provide a basis for:
(1) Evaluating the effect of the construction or alteration on
operational procedures and proposed operational procedures;
(2) Determinations of the possible hazardous effect of the proposed
construction or alteration on air navigation;
(3) Recommendations for identifying the construction or alteration in
accordance with the current Federal Aviation Administration Advisory
Circular AC 70/7460-1 entitled ''Obstruction Marking and Lighting,''
which is available without charge from the Department of Transportation,
Distribution Unit, TAD 484.3, Washington, DC 20590.
(4) Determining other appropriate measures to be applied for
continued safety of air navigation; and
(5) Charting and other notification to airmen of the construction or
alteration.
(Sec. 6, 80 Stat. 937, 49 U.S.C. 1655)
(Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-8,
33 FR 18614, Dec. 17, 1968; Amdt. 77-10, 37 FR 4705, Mar. 4, 1972)
14 CFR 77.13 Construction or alteration requiring notice.
(a) Except as provided in 77.15, each sponsor who proposes any of
the following construction or alteration shall notify the Administrator
in the form and manner prescribed in 77.17:
(1) Any construction or alteration of more than 200 feet in height
above the ground level at its site.
(2) Any construction or alteration of greater height than an
imaginary surface extending outward and upward at one of the following
slopes:
(i) 100 to 1 for a horizontal distance of 20,000 feet from the
nearest point of the nearest runway of each airport specified in
paragraph (a)(5) of this section with at least one runway more than
3,200 feet in actual length, excluding heliports.
(ii) 50 to 1 for a horizontal distance of 10,000 feet from the
nearest point of the nearest runway of each airport specified in
paragraph (a)(5) of this section with its longest runway no more than
3,200 feet in actual length, excluding heliports.
(iii) 25 to 1 for a horizontal distance of 5,000 feet from the
nearest point of the nearest landing and takeoff area of each heliport
specified in paragraph (a)(5) of this section.
(3) Any highway, railroad, or other traverse way for mobile objects,
of a height which, if adjusted upward 17 feet for an Interstate Highway
that is part of the National System of Military and Interstate Highways
where overcrossings are designed for a minimum of 17 feet vertical
distance, 15 feet for any other public roadway, 10 feet or the height of
the highest mobile object that would normally traverse the road,
whichever is greater, for a private road, 23 feet for a railroad, and
for a waterway or any other traverse way not previously mentioned, an
amount equal to the height of the highest mobile object that would
normally traverse it, would exceed a standard of paragraph (a) (1) or
(2) of this section.
(4) When requested by the FAA, any construction or alteration that
would be in an instrument approach area (defined in the FAA standards
governing instrument approach procedures) and available information
indicates it might exceed a standard of subpart C of this part.
(5) Any construction or alteration on any of the following airports
(including heliports):
(i) An airport that is available for public use and is listed in the
Airport Directory of the current Airman's Information Manual or in
either the Alaska or Pacific Airman's Guide and Chart Supplement.
(ii) An airport under construction, that is the subject of a notice
or proposal on file with the Federal Aviation Administration, and,
except for military airports, it is clearly indicated that that airport
will be available for public use.
(iii) An airport that is operated by an armed force of the United
States.
(b) Each sponsor who proposes construction or alteration that is the
subject of a notice under paragraph (a) of this section and is advised
by an FAA regional office that a supplemental notice is required shall
submit that notice on a prescribed form to be received by the FAA
regional office at least 48 hours before the start of the construction
or alteration.
(c) Each sponsor who undertakes construction or alteration that is
the subject of a notice under paragraph (a) of this section shall,
within 5 days after that construction or alteration reaches its greatest
height, submit a supplemental notice on a prescribed form to the FAA
regional office having jurisdiction over the region involved, if --
(1) The construction or alteration is more than 200 feet above the
surface level of its site; or
(2) An FAA regional office advises him that submission of the form is
required.
(Amdt. 77-5, 33 FR 5256, Apr. 2, 1968, as amended by Amdt. 77-9, 36
FR 5970, Apr. 1, 1971; Amdt. 77-10, 37 FR 4705, Mar. 4, 1972)
14 CFR 77.15 Construction or alteration not requiring notice.
No person is required to notify the Administrator for any of the
following construction or alteration:
(a) Any object that would be shielded by existing structures of a
permanent and substantial character or by natural terrain or topographic
features of equal or greater height, and would be located in the
congested area of a city, town, or settlement where it is evident beyond
all reasonable doubt that the structure so shielded will not adversely
affect safety in air navigation.
(b) Any antenna structure of 20 feet or less in height except one
that would increase the height of another antenna structure.
(c) Any air navigation facility, airport visual approach or landing
aid, aircraft arresting device, or meteorological device, of a type
approved by the Administrator, or an appropriate military service on
military airports, the location and height of which is fixed by its
functional purpose.
(d) Any construction or alteration for which notice is required by
any other FAA regulation.
(Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-5,
33 FR 5257, Apr. 2, 1968; Amdt. 77-9, 36 FR 5970, Apr. 1, 1971)
14 CFR 77.17 Form and time of notice.
(a) Each person who is required to notify the Administrator under
77.13(a) shall send one executed form set (four copies) of FAA Form
7460-1, Notice of Proposed Construction or Alteration, to the Manager,
Air Traffic Division, FAA Regional Office having jurisdiction over the
area within which the construction or alteration will be located.
Copies of FAA Form 7460-1 may be obtained from the headquarters of the
Federal Aviation Administration and the regional offices.
(b) The notice required under 77.13(a) (1) through (4) must be
submitted at least 30 days before the earlier of the following dates:
(1) The date the proposed construction or alteration is to begin.
(2) The date an application for a construction permit is to be filed.
However, a notice relating to proposed construction or alteration
that is subject to the licensing requirements of the Federal
Communications Act may be sent to FAA at the same time the application
for construction is filed with the Federal Communications Commission, or
at any time before that filing.
(c) A proposed structure or an alteration to an existing structure
that exceeds 2,000 feet in height above the ground will be presumed to
be a hazard to air navigation and to result in an inefficient
utilization of airspace and the applicant has the burden of overcoming
that presumption. Each notice submitted under the pertinent provisions
of this part 77 proposing a structure in excess of 2,000 feet above
ground, or an alteration that will make an existing structure exceed
that height, must contain a detailed showing, directed to meeting this
burden. Only in exceptional cases, where the FAA concludes that a clear
and compelling showing has been made that it would not result in an
inefficient utilization of the airspace and would not result in a hazard
to air navigation, will a determination of no hazard be issued.
(d) In the case of an emergency involving essential public services,
public health, or public safety that requires immediate construction or
alteration, the 30-day requirement in paragraph (b) of this section does
not apply and the notice may be sent by telephone, telegraph, or other
expeditious means, with an executed FAA Form 7460-1 submitted within 5
days thereafter. Outside normal business hours, emergency notices by
telephone or telegraph may be submitted to the nearest FAA Flight
Service Station.
(e) Each person who is required to notify the Administrator by
paragraph (b) or (c) of 77.13, or both, shall send an executed copy of
FAA Form 117-1, Notice of Progress of Construction or Alteration, to the
Manager, Air Traffic Division, FAA Regional Office having jurisdiction
over the area involved.
(Sec. 6, 80 Stat. 937, 49 U.S.C. 1655)
(Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-2,
31 FR 9449, July 12, 1966; Amdt. 77-8, 33 FR 18614, Dec. 17, 1968;
Amdt. 77-10, 37 FR 4705, Mar. 4, 1972; Amdt. 77-11, 54 FR 39292, Sept.
25, 1989)
14 CFR 77.19 Acknowledgment of notice.
(a) The FAA acknowledges in writing the receipt of each notice
submitted under 77.13(a).
(b) If the construction or alteration proposed in a notice is one for
which lighting or marking standards are prescribed in the FAA Advisory
Circular AC 70/7460-1, entitled ''Obstruction Marking and Lighting,''
the acknowledgment contains a statement to that effect and information
on how the structure should be marked and lighted in accordance with the
manual.
(c) The acknowledgment states that an aeronautical study of the
proposed construction or alteration has resulted in a determination that
the construction or alteration:
(1) Would not exceed any standard of subpart C and would not be a
hazard to air navigation;
(2) Would exceed a standard of subpart C but would not be a hazard to
air navigation; or
(3) Would exceed a standard of subpart C and further aeronautical
study is necessary to determine whether it would be a hazard to air
navigation, that the sponsor may request within 30 days that further
study, and that, pending completion of any further study, it is presumed
the construction or alteration would be a hazard to air navigation.
(Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-4,
32 FR 12997, Sept. 13, 1967; Amdt. 77-5, 33 FR 5257, Apr. 2, 1968)
14 CFR 77.19 Subpart C -- Obstruction Standards
14 CFR 77.21 Scope.
(a) This subpart establishes standards for determining obstructions
to air navigation. It applies to existing and proposed manmade objects,
objects of natural growth, and terrain. The standards apply to the use
of navigable airspace by aircraft and to existing air navigation
facilities, such as an air navigation aid, airport, Federal airway,
instrument approach or departure procedure, or approved off-airway
route. Additionally, they apply to a planned facility or use, or a
change in an existing facility or use, if a proposal therefor is on file
with the Federal Aviation Administration or an appropriate military
service on the date the notice required by 77.13(a) is filed.
(b) At those airports having defined runways with specially prepared
hard surfaces, the primary surface for each such runway extends 200 feet
beyond each end of the runway. At those airports having defined strips
or pathways that are used regularly for the taking off and landing of
aircraft and have been designated by appropriate authority as runways,
but do not have specially prepared hard surfaces, each end of the
primary surface for each such runway shall coincide with the
corresponding end of the runway. At those airports, excluding seaplane
bases, having a defined landing and takeoff area with no defined
pathways for the landing and taking off of aircraft, a determination
shall be made as to which portions of the landing and takeoff area are
regularly used as landing and takeoff pathways. Those pathways so
determined shall be considered runways and an appropriate primary
surface as defined in 77.25(c) will be considered as being
longitudinally centered on each runway so determined, and each end of
that primary surface shall coincide with the corresponding end of that
runway.
(c) The standards in this subpart apply to the effect of construction
or alteration proposals upon an airport if, at the time of filing of the
notice required by 77.13(a), that airport is --
(1) Available for public use and is listed in the Airport Directory
of the current Airman's Information Manual or in either the Alaska or
Pacific Airman's Guide and Chart Supplement; or
(2) A planned or proposed airport or an airport under construction,
that is the subject of a notice or proposal on file with the Federal
Aviation Administration, and, except for military airports, it is
clearly indicated that that airport will be available for public use;
or,
(3) An airport that is operated by an armed force of the United
States.
(Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-5,
33 FR 5257, Apr. 2, 1968; Amdt. 77-9, 36 FR 5970, Apr. 1, 1971)
14 CFR 77.23 Standards for determining obstructions.
(a) An existing object, including a mobile object, is, and a future
object would be, an obstruction to air navigation if it is of greater
height than any of the following heights or surfaces:
(1) A height of 500 feet above ground level at the site of the
object.
(2) A height that is 200 feet above ground level or above the
established airport elevation, whichever is higher, within 3 nautical
miles of the established reference point of an airport, excluding
heliports, with its longest runway more than 3,200 feet in actual
length, and that height increases in the proportion of 100 feet for each
additional nautical mile of distance from the airport up to a maximum of
500 feet.
(3) A height within a terminal obstacle clearance area, including an
initial approach segment, a departure area, and a circling approach
area, which would result in the vertical distance between any point on
the object and an established minimum instrument flight altitude within
that area or segment to be less than the required obstacle clearance.
(4) A height within an en route obstacle clearance area, including
turn and termination areas, of a Federal airway or approved off-airway
route, that would increase the minimum obstacle clearance altitude.
(5) The surface of a takeoff and landing area of an airport or any
imaginary surface established under 77.25, 77.28, or 77.29. However,
no part of the take-off or landing area itself will be considered an
obstruction.
(b) Except for traverse ways on or near an airport with an operative
ground traffic control service, furnished by an air traffic control
tower or by the airport management and coordinated with the air traffic
control service, the standards of paragraph (a) of this section apply to
traverse ways used or to be used for the passage of mobile objects only
after the heights of these traverse ways are increased by:
(1) Seventeen feet for an Interstate Highway that is part of the
National System of Military and Interstate Highways where overcrossings
are designed for a minimum of 17 feet vertical distance.
(2) Fifteen feet for any other public roadway.
(3) Ten feet or the height of the highest mobile object that would
normally traverse the road, whichever is greater, for a private road.
(4) Twenty-three feet for a railroad, and,
(5) For a waterway or any other traverse way not previously
mentioned, an amount equal to the height of the highest mobile object
that would normally traverse it.
(Amdt. 77-9, 36 FR 5970, Apr. 1, 1971)
14 CFR 77.25 Civil airport imaginary surfaces.
The following civil airport imaginary surfaces are established with
relation to the airport and to each runway. The size of each such
imaginary surface is based on the category of each runway according to
the type of approach available or planned for that runway. The slope
and dimensions of the approach surface applied to each end of a runway
are determined by the most precise approach existing or planned for that
runway end.
(a) Horizontal surface. A horizontal plane 150 feet above the
established airport elevation, the perimeter of which is constructed by
swinging arcs of specified radii from the center of each end of the
primary surface of each runway of each airport and connecting the
adjacent arcs by lines tangent to those arcs. The radius of each arc
is:
(1) 5,000 feet for all runways designated as utility or visual;
(2) 10,000 feet for all other runways. The radius of the arc
specified for each end of a runway will have the same arithmetical
value. That value will be the highest determined for either end of the
runway. When a 5,000-foot arc is encompassed by tangents connecting two
adjacent 10,000-foot arcs, the 5,000-foot arc shall be disregarded on
the construction of the perimeter of the horizontal surface.
(b) Conical surface. A surface extending outward and upward from the
periphery of the horizontal surface at a slope of 20 to 1 for a
horizontal distance of 4,000 feet.
(c) Primary surface. A surface longitudinally centered on a runway.
When the runway has a specially prepared hard surface, the primary
surface extends 200 feet beyond each end of that runway; but when the
runway has no specially prepared hard surface, or planned hard surface,
the primary surface ends at each end of that runway. The elevation of
any point on the primary surface is the same as the elevation of the
nearest point on the runway centerline. The width of a primary surface
is:
(1) 250 feet for utility runways having only visual approaches.
(2) 500 feet for utility runways having nonprecision instrument
approaches.
(3) For other than utility runways the width is:
(i) 500 feet for visual runways having only visual approaches.
(ii) 500 feet for nonprecision instrument runways having visibility
minimums greater than three-fourths statute mile.
(iii) 1,000 feet for a nonprecision instrument runway having a
nonprecision instrument approach with visibility minimums as low as
three-fourths of a statute mile, and for precision instrument runways.
The width of the primary surface of a runway will be that width
prescribed in this section for the most precise approach existing or
planned for either end of that runway.
(d) Approach surface. A surface longitudinally centered on the
extended runway centerline and extending outward and upward from each
end of the primary surface. An approach surface is applied to each end
of each runway based upon the type of approach available or planned for
that runway end.
(1) The inner edge of the approach surface is the same width as the
primary surface and it expands uniformly to a width of:
(i) 1,250 feet for that end of a utility runway with only visual
approaches;
(ii) 1,500 feet for that end of a runway other than a utility runway
with only visual approaches;
(iii) 2,000 feet for that end of a utility runway with a nonprecision
instrument approach;
(iv) 3,500 feet for that end of a nonprecision instrument runway
other than utility, having visibility minimums greater than
three-fourths of a statute mile;
(v) 4,000 feet for that end of a nonprecision instrument runway,
other than utility, having a nonprecision instrument approach with
visibility minimums as low as three-fourths statute mile; and
(vi) 16,000 feet for precision instrument runways.
(2) The approach surface extends for a horizontal distance of:
(i) 5,000 feet at a slope of 20 to 1 for all utility and visual
runways;
(ii) 10,000 feet at a slope of 34 to 1 for all nonprecision
instrument runways other than utility; and,
(iii) 10,000 feet at a slope of 50 to 1 with an additional 40,000
feet at a slope of 40 to 1 for all precision instrument runways.
(3) The outer width of an approach surface to an end of a runway will
be that width prescribed in this subsection for the most precise
approach existing or planned for that runway end.
(e) Transitional surface. These surfaces extend outward and upward
at right angles to the runway centerline and the runway centerline
extended at a slope of 7 to 1 from the sides of the primary surface and
from the sides of the approach surfaces. Transitional surfaces for
those portions of the precision approach surface which project through
and beyond the limits of the conical surface, extend a distance of 5,000
feet measured horizontally from the edge of the approach surface and at
right angles to the runway centerline.
(Amdt. 77-9, 36 FR 5970, Apr. 1, 1971; 36 FR 6741, Apr. 8, 1971)
77.27 (Reserved)
14 CFR 77.28 Military airport imaginary surfaces.
(a) Related to airport reference points. These surfaces apply to all
military airports. For the purposes of this section a military airport
is any airport operated by an armed force of the United States.
(1) Inner horizontal surface. A plane is oval in shape at a height
of 150 feet above the established airfield elevation. The plane is
constructed by scribing an arc with a radius of 7,500 feet about the
centerline at the end of each runway and interconnecting these arcs with
tangents.
(2) Conical surface. A surface extending from the periphery of the
inner horizontal surface outward and upward at a slope of 20 to 1 for a
horizontal distance of 7,000 feet to a height of 500 feet above the
established airfield elevation.
(3) Outer horizontal surface. A plane, located 500 feet above the
established airfield elevation, extending outward from the outer
periphery of the conical surface for a horizontal distance of 30,000
feet.
(b) Related to runways. These surfaces apply to all military
airports.
(1) Primary surface. A surface located on the ground or water
longitudinally centered on each runway with the same length as the
runway. The width of the primary surface for runways is 2,000 feet.
However, at established bases where substantial construction has taken
place in accordance with a previous lateral clearance criteria, the
2,000-foot width may be reduced to the former criteria.
(2) Clear zone surface. A surface located on the ground or water at
each end of the primary surface, with a length of 1,000 feet and the
same width as the primary surface.
(3) Approach clearance surface. An inclined plane, symmetrical about
the runway centerline extended, beginning 200 feet beyond each end of
the primary surface at the centerline elevation of the runway end and
extending for 50,000 feet. The slope of the approach clearance surface
is 50 to 1 along the runway centerline extended until it reaches an
elevation of 500 feet above the established airport elevation. It then
continues horizontally at this elevation to a point 50,000 feet from the
point of beginning. The width of this surface at the runway end is the
same as the primary surface, it flares uniformly, and the width at
50,000 is 16,000 feet.
(4) Transitional surfaces. These surfaces connect the primary
surfaces, the first 200 feet of the clear zone surfaces, and the
approach clearance surfaces to the inner horizontal surface, conical
surface, outer horizontal surface or other transitional surfaces. The
slope of the transitional surface is 7 to 1 outward and upward at right
angles to the runway centerline.
(Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-1,
30 FR 6713, May 18, 1965; Amdt. 77-9, 36 FR 5971, Apr. 1, 1971)
14 CFR 77.29 Airport imaginary surfaces for heliports.
(a) Heliport primary surface. The area of the primary surface
coincides in size and shape with the designated take-off and landing
area of a heliport. This surface is a horizontal plane at the elevation
of the established heliport elevation.
(b) Heliport approach surface. The approach surface begins at each
end of the heliport primary surface with the same width as the primary
surface, and extends outward and upward for a horizontal distance of
4,000 feet where its width is 500 feet. The slope of the approach
surface is 8 to 1 for civil heliports and 10 to 1 for military
heliports.
(c) Heliport transitional surfaces These surfaces extend outward and
upward from the lateral boundaries of the heliport primary surface and
from the approach surfaces at a slope of 2 to 1 for a distance of 250
feet measured horizontally from the centerline of the primary and
approach surfaces.
(Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-9,
36 FR 5971, Apr. 1, 1971; 36 FR 6741, Apr. 8, 1971)
14 CFR 77.29 Subpart D -- Aeronautical Studies of Effect of Proposed Construction on Navigable Airspace
14 CFR 77.31 Scope.
(a) This subpart applies to the conduct of aeronautical studies of
the effect of proposed construction or alteration on the use of air
navigation facilities or navigable airspace by aircraft. In the
aeronautical studies, present and future IFR and VFR aeronautical
operations and procedures are reviewed and any possible changes in those
operations and procedures and in the construction proposal that would
eliminate or alleviate the conflicting demands are ascertained.
(b) The conclusion of a study made under this subpart is normally a
determination as to whether the specific proposal studied would be a
hazard to air navigation.
(Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-6,
33 FR 10843, July 31, 1968)
14 CFR 77.33 Initiation of studies.
(a) An aeronautical study is conducted by the FAA:
(1) Upon the request of the sponsor or any construction or alteration
for which a notice is submitted under subpart B of this part, unless
that construction or alteration would be located within an antenna farm
area established under subpart F of this part; or
(2) Whenever the FAA determines it appropriate.
(Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-4,
32 FR 12997, Sept. 13, 1967)
14 CFR 77.35 Aeronautical studies.
(a) The Regional Manager, Air Traffic Division of the region in which
the proposed construction or alteration would be located, or his
designee, conducts the aeronautical study of the effect of the proposal
upon the operation of air navigation facilities and the safe and
efficient utilization of the navigable airspace. This study may include
the physical and electromagnetic radiation effect the proposal may have
on the operation of an air navigation facility.
(b) To the extent considered necessary, the Regional Manager, Air
Traffic Division or his designee:
(1) Solicits comments from all interested persons;
(2) Explores objections to the proposal and attempts to develop
recommendations for adjustment of aviation requirements that would
accommodate the proposed construction or alteration;
(3) Examines possible revisions of the proposal that would eliminate
the exceeding of the standards in subpart C of this part; and
(4) Convenes a meeting with all interested persons for the purpose of
gathering all facts relevant to the effect of the proposed construction
or alteration on the safe and efficient utilization of the navigable
airspace.
(c) The Regional Manager, Air Traffic Division or his designee issues
a determination as to whether the proposed construction or alteration
would be a hazard to air navigation and sends copies to all known
interested persons. This determination is final unless a petition for
review is granted under 77.37.
(d) If the sponsor revises his proposal to eliminate exceeding of the
standards of subpart C of this part, or withdraws it, the Regional
Manager, Air Traffic Division, or his designee, terminates the study and
notifies all known interested persons.
(Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-6,
33 FR 10843, July 31, 1968; Amdt. 77-11, 54 FR 39292, Sept. 25, 1989)
14 CFR 77.37 Discretionary review.
(a) The sponsor of any proposed construction or alteration or any
person who stated a substantial aeronautical objection to it in an
aeronautical study, or any person who has a substantial aeronautical
objection to it but was not given an opportunity to state it, may
petition the Administrator, within 30 days after issuance of the
determination under 77.19 or 77.35 or revision or extension of the
determination under 77.39(c), for a review of the determination,
revision, or extension. This paragraph does not apply to any
acknowledgment issued under 77.19(c)(1).
(b) The petition must be in triplicate and contain a full statement
of the basis upon which it is made.
(c) The Administrator examines each petition and decides whether a
review will be made and, if so, whether it will be:
(1) A review on the basis of written materials, including study of a
report by the Regional Manager, Air Traffic Division of the aeronautical
study, briefs, and related submissions by any interested party, and
other relevant facts, with the Administrator affirming, revising, or
reversing the determination issued under 77.19, 77.35 or 77.39(c);
or
(2) A review on the basis of a public hearing, conducted in
accordance with the procedures prescribed in subpart E of this part.
(Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-3,
32 FR 6970, May 6, 1967; Amdt. 77-11, 54 FR 39292, Sept. 25, 1989)
14 CFR 77.39 Effective period of determination of no hazard.
(a) Unless it is otherwise extended, revised, or terminated, each
final determination of no hazard made under this subpart or subpart B or
E of this part expires 18 months after its effective date, regardless of
whether the proposed construction or alteration has been started, or on
the date the proposed construction or alteration is abandoned, whichever
is earlier.
(b) In any case, including a determination to which paragraph (d) of
this section applies, where the proposed construction or alteration has
not been started during the applicable period by actual structural work,
such as the laying of a foundation, but not including excavation, any
interested person may, at least 15 days before the date the final
determination expires, petition the FAA official who issued the
determination to:
(1) Revise the determination based on new facts that change the basis
on which it was made; or
(2) Extend its effective period.
(c) The FAA official who issued the determination reviews each
petition presented under paragraph (b) of this section, and revises,
extends, or affirms the determination as indicated by his findings.
(d) In any case in which a final determination made under this
subpart or subpart B or E of this part relates to proposed construction
or alteration that may not be started unless the Federal Communications
Commission issues an appropriate construction permit, the effective
period of each final determination includes --
(1) The time required to apply to the Commission for a construction
permit, but not more than 6 months after the effective date of the
determination; and
(2) The time necessary for the Commission to process the application
except in a case where the Administrator determines a shorter effective
period is required by the circumstances.
(e) If the Commission issues a construction permit, the final
determination is effective until the date prescribed for completion of
the construction. If the Commission refuses to issue a construction
permit, the final determination expires on the date of its refusal.
(Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-5,
33 FR 5257, Apr. 2, 1968)
14 CFR 77.39 Subpart E -- Rules of Practice for Hearings Under Subpart D
14 CFR 77.41 Scope.
This subpart applies to hearings held by the FAA under titles I, III,
and X of the Federal Aviation Act of 1958 (49 U.S.C. subchapters I, III,
and X), on proposed construction or alteration that affects the use of
navigable airspace.
14 CFR 77.43 Nature of hearing.
Sections 4, 5, 7, and 8 of the Administrative Procedure Act (5 U.S.C.
1003, 1004, 1006, and 1007) do not apply to hearings held on proposed
construction or alteration to determine its effect on the safety of
aircraft and the efficient use of navigable airspace because those
hearings are factfinding in nature. As a factfinding procedure, each
hearing is nonadversary and there are no formal pleadings or adverse
parties.
14 CFR 77.45 Presiding officer.
(a) If, under 79.37, the Administrator grants a public hearing on
any proposed construction or alteration covered by this part, the
Director, Air Traffic Operations Service designates an FAA employee to
be the presiding officer at the hearing.
(b) The presiding officer may:
(1) Give notice of the date and location of the hearing and any
prehearing conference that may be held;
(2) Administer oaths and affirmations;
(3) Examine witnesses;
(4) Issue subpoenas and take depositions or have them taken;
(5) Obtain, in the form of a public record, all pertinent and
relevant facts relating to the subject matter of the hearing;
(6) Rule, with the assistance of the legal officer, upon the
admissibility of evidence;
(7) Regulate the course and conduct of the hearing; and
(8) Designate parties to the hearing and revoke those designations.
(Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt.
77-11, 54 FR 39292, Sept. 25, 1989)
14 CFR 77.47 Legal officer.
The Chief Counsel designates a member of his staff to serve as legal
officer at each hearing under this subpart. The legal officer may
examine witnesses and assist and advise the presiding officer on
questions of evidence or other legal questions arising during the
hearing.
(Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended at 38 FR 26444,
Sept. 17, 1973)
14 CFR 77.49 Notice of hearing.
In designating a time and place for a hearing under this subpart the
presiding officer considers the needs of the FAA and the convenience of
the parties and witnesses. The time and place of each hearing is
published in the ''Notices'' section of the Federal Register before the
date of the hearing, unless the notice is impractical or unnecessary.
14 CFR 77.51 Parties to the hearing.
The presiding officer designates the following as parties to the
hearing --
(a) The proponent of the proposed construction or alteration.
(b) Those persons whose activities would be substantially affected by
the proposed construction or alteration.
14 CFR 77.53 Prehearing conference.
(a) The presiding officer may, in his discretion, hold a prehearing
conference with the parties to the hearing and the legal officer before
the hearing.
(b) At the direction of the presiding officer, each party to a
prehearing conference shall submit a brief written statement of the
evidence he intends to provide through his witnesses and by questioning
other witnesses at the hearing, and shall provide enough copies of the
statement so that the presiding officer may keep three for the FAA and
give one to each other party.
(c) At the prehearing conference, the presiding officer reduces and
simplifies the subject matter of the hearing so far as possible and
advises the parties of the probable order of presenting the evidence.
14 CFR 77.55 Examination of witnesses.
(a) Each witness at a hearing under this subpart shall, after being
sworn by the presiding officer, give his testimony under oath.
(b) The party for whom a witness, other than an employee of the FAA,
is testifying shall examine that witness. After that examination, other
parties to the hearing may examine the witness, in the order fixed by
the presiding officer. The presiding officer and the legal officer may
then examine the witness. The presiding officer may grant any party an
additional opportunity to examine any witness, if that party adequately
justifies the additional examination.
(c) The legal officer examines each FAA employee who is a witness,
before the other parties examine him. After that examination, the order
prescribed in paragraph (b) of this section applies. An FAA employee
may testify only as to facts within his personal knowledge and the
application of FAA regulations, standards, and policies.
14 CFR 77.57 Evidence.
(a) The presiding officer receives all testimony and exhibits that
are relevant to the issues of the hearing. So far as possible, each
party shall submit enough copies of his exhibits that the presiding
officer may keep three copies for the FAA and give one to each other
party.
(b) The presiding officer excludes any testimony that is irrelevant,
unduly repetitious, or consists of statements made during an
aeronautical study in an effort to reconcile or compromise aviation or
construction or alteration requirements. A party to the hearing may
object to the admission of evidence only on the ground that it is
irrelevant.
14 CFR 77.59 Subpoenas of witnesses and exhibits.
(a) The presiding officer of a hearing may issue subpoenas for any
witness or exhibit that he determines may be material and relevant to
the issues of the hearing. So far as possible, each party to the
hearing shall provide the witnesses and exhibits that he intends to
present at the hearing.
(b) If any party to the hearing is unable to provide his necessary
witnesses and exhibits, he shall advise the presiding officer far enough
in advance that the presiding officer can determine whether he should
issue subpoenas for the desired witnesses or exhibits.
14 CFR 77.61 Revision of construction or alteration proposal.
(a) The sponsor of any proposed construction or alteration covered by
this part may revise his proposal at any time before or during the
hearing. If he revises it, the presiding officer decides whether the
revision affects the proposal to the extent that he should send it to
the Administrator for a redetermination of the need for a hearing.
(b) If the presiding officer decides that it does not need to be
resubmitted to the Administrator, he advises the parties of the revised
proposal and takes the action necessary to allow all parties to
effectively participate in the hearing on the revised proposal. Without
limiting his discretion, the presiding officer may recess and reconvene
the hearing, or hold another prehearing conference.
14 CFR 77.63 Record of hearing.
(a) Each hearing is recorded verbatim by an official reporter under
an FAA contract. The transcript, and all exhibits, become a part of the
record of the hearing.
(b) Any person may buy a copy of the transcript of the hearing from
the reporter at the price fixed for it.
(c) The presiding officer may allow any party to withdraw an original
document if he submits authenticated copies of it.
(d) Any person may buy, from the FAA, photostatic copies of any
exhibit by paying the copying costs.
(e) A change in the official transcript of a hearing may be made only
if it involves an error of substance. Any recommendation to correct the
transcript must be filed with the presiding officer within 5 days after
the hearing closes. The presiding officer reviews each request for a
correction to the extent he considers appropriate and shall make any
revisions that he finds appropriate as a result of that review.
14 CFR 77.65 Recommendations by parties.
Within 20 days after the mailing of the record of hearing by the
official reporter, or as otherwise directed by the presiding officer,
each party may submit to the presiding officer five copies of his
recommendations for a final decision to be made by the Administrator.
14 CFR 77.67 Final decision of the Administrator.
After reviewing the evidence relevant to the questions of fact in a
hearing, including the official transcript and the exhibits, The
Administrator resolves all these questions, based on the weight of
evidence, and makes his determination, stating the basis and reasons for
it. He then issues an appropriate order to be served on each of the
parties.
14 CFR 77.69 Limitations on appearance and representation.
(a) A former officer or employee of the FAA may not appear on behalf
of, or represent, any party before the FAA in connection with any matter
to which this part applies, if he considered or passed on that matter
while he was an officer or employee of the FAA.
(b) A person appearing before the FAA on any matter to which this
part applies may not, in connection with that appearance, knowingly
accept assistance from, or share fees with, any person who is prohibited
by paragraph (a) of this section, from appearing himself on that matter.
(c) A former official or employee of the FAA may not, within 6 months
after he ceases to be such an officer or employee, appear before the FAA
on behalf of, or represent, any party in connection with any proceeding
that was pending under this part while he was an officer or employee of
the FAA, unless he obtains written consent from an appropriate officer
of the FAA, based on a verified showing that he did not personally
consider the matter concerned or gain particular knowledge of it while
he was an officer or employee of the FAA.
14 CFR 77.69 Subpart F -- Establishment of Antenna Farm Areas
14 CFR 77.71 Scope.
(a) This subpart establishes antenna farm areas in which antenna
structures may be grouped to localize their effect on the use of
navigable airspace.
(b) It is the policy of the FAA to encourage the use of antenna farms
and the single structure-multiple antenna concept for radio and
television towers whenever possible. In considering proposals for
establishing antenna farm areas, it considers as far as possible the
revision of aeronautical procedures and operations to accommodate
antenna structures that will fulfill broadcasting requirements.
14 CFR 77.73 General provisions.
(a) An antenna farm area consists of a specified geographical
location with established dimensions of area and height, where antenna
towers with a common impact on aviation may be grouped. Each such area
is established by appropriate rule making action.
(b) Each proposal for an antenna farm area is evaluated on the basis
of its effect on the use of navigable airspace. The views of the
Federal Communications Commission are requested on the effect that each
establishment of an antenna farm area would have on its statutory
responsibilities. Any views submitted by it are fully considered before
the antenna farm concerned is established. If the Commission advises
that the establishment of any proposed antenna farm area would interfere
with its statutory responsibility, the proposed area is not established.
(c) The establishment of an antenna farm area is considered whenever
it is proposed by:
(1) The FAA;
(2) The Federal Communications Commission;
(3) The sponsor of a proposed antenna tower; or
(4) Any other person having a substantial interest in a proposed
antenna tower.
(Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt.
77-10, 37 FR 4705, Mar. 4, 1972)
14 CFR 77.75 Establishment of antenna farm areas.
The airspace areas described in the following sections of this
subpart are established as antenna farm areas.
Note: Sections 77.77 through 77.1100 reserved for descriptions of
antenna farm areas.
14 CFR 77.75 SUBCHAPTER F -- AIR TRAFFIC AND GENERAL OPERATING RULES
14 CFR 77.75 Pt. 91
14 CFR 77.75 PART 91 -- GENERAL OPERATING AND FLIGHT RULES
SFAR No. 21
SFAR No. 29-4
SFAR No. 44-5
SFAR No. 44-6
SFAR No. 47
SFAR No. 50-2
SFAR No. 51-1
SFAR No. 57
SFAR No. 60
SFAR No. 61
SFAR No. 62
14 CFR 77.75 Subpart A -- General
Sec.
91.1 Applicability.
91.3 Responsibility and authority of the pilot in command.
91.5 Pilot in command of aircraft requiring more than one required
pilot.
91.7 Civil aircraft airworthiness.
91.9 Civil aircraft flight manual, marking, and placard requirements.
91.11 Prohibition against interference with crewmembers.
91.13 Careless or reckless operation.
91.15 Dropping objects.
91.17 Alcohol or drugs.
91.19 Carriage of narcotic drugs, marihuana, and depressant or
stimulant drugs or substances.
91.21 Portable electronic devices.
91.23 Truth-in-leasing clause requirement in leases and conditional
sales contracts.
91.25 Aviation Safety Reporting Program: Prohibition against use of
reports for enforcement purposes.
91.27 -- 91.99 (Reserved)
14 CFR 77.75 Subpart B -- Flight Rules
91.101 Applicability.
91.103 Preflight action.
91.105 Flight crewmembers at stations.
91.107 Use of safety belts.
91.109 Flight instruction; Simulated instrument flight and certain
flight tests.
91.111 Operating near other aircraft.
91.113 Right-of-way rules: Except water operations.
91.115 Right-of-way rules: Water operations.
91.117 Aircraft speed.
91.119 Minimum safe altitudes: General.
91.121 Altimeter settings.
91.123 Compliance with ATC clearances and instructions.
91.125 ATC light signals.
91.126 Operating on or in the vicinity of an airport in Class G
airspace.
91.127 Operating on or in the vicinity of an airport: General rules.
91.129 Operation at airports with operating control towers.
91.130 Airport radar service areas.
91.131 Terminal control areas.
91.133 Restricted and prohibited areas.
91.135 Positive control areas and route segments.
91.137 Temporary flight restrictions.
91.138 Temporary flight restrictions in national disaster areas in
the State of Hawaii.
91.139 Emergency air traffic rules.
91.141 Flight restrictions in the proximity of the Presidential and
other parties.
91.143 Flight limitation in the proximity of space flight operations.
91.145 -- 91.149 (Reserved)
91.151 Fuel requirements for flight in VFR conditions.
91.153 VFR flight plan: Information required.
91.155 Basic VFR weather minimums.
91.157 Special VFR weather minimums.
91.159 VFR cruising altitude or flight level.
91.161 -- 91.165 (Reserved)
91.167 Fuel requirements for flight in IFR conditions.
91.169 IFR flight plan: Information required.
91.171 VOR equipment check for IFR operations.
91.173 ATC clearance and flight plan required.
91.175 Takeoff and landing under IFR.
91.177 Minimum altitudes for IFR operations.
91.179 IFR cruising altitude or flight level.
91.181 Course to be flown.
91.183 IFR radio communications.
91.185 IFR operations: Two-way radio communications failure.
91.187 Operation under IFR in controlled airspace: Malfunction
reports.
91.189 Category II and III operations: General operating rules.
91.191 Category II manual.
91.193 Certificate of authorization for certain Category II
operations.
91.195 -- 91.199 (Reserved)
14 CFR 77.75 Subpart C -- Equipment, Instrument, and Certificate
Requirements
91.201 (Reserved)
91.203 Civil aircraft: Certifications required.
91.205 Powered civil aircraft with standard category U.S.
airworthiness certificates: Instrument and equipment requirements.
91.207 Emergency locator transmitters.
91.209 Aircraft lights.
91.211 Supplemental oxygen.
91.213 Inoperative instruments and equipment.
91.215 ATC transponder and altitude reporting equipment and use.
91.217 Data correspondence between automatically reported pressure
altitude data and the pilot's altitude reference.
91.219 Altitude alerting system or device: Turbojet-powered civil
airplanes.
91.221 Traffic alert and collision avoidance system equipment and
use.
91.223 -- 91.299 (Reserved)
14 CFR 77.75 Subpart D -- Special Flight Operations
91.301 (Reserved)
91.303 Aerobatic flight.
91.305 Flight test areas.
91.307 Parachutes and parachuting.
91.309 Towing: Gliders.
91.311 Towing: Other than under 91.309.
91.313 Restricted category civil aircraft: Operating limitations.
91.315 Limited category civil aircraft: Operating limitations.
91.317 Provisionally certificated civil aircraft: Operating
limitations.
91.319 Aircraft having experimental certificates: Operating
limitations.
91.321 Carriage of candidates in Federal elections.
91.323 Increased maximum certificated weights for certain airplanes
operated in Alaska.
91.325 -- 91.399 (Reserved)
14 CFR 77.75 Subpart E -- Maintenance, Preventive Maintenance, and
Alterations
91.401 Applicability.
91.403 General.
91.405 Maintenance required.
91.407 Operation after maintenance, preventive maintenance,
rebuilding, or alteration.
91.409 Inspections.
91.411 Altimeter system and altitude reporting equipment tests and
inspections.
91.413 ATC transponder tests and inspections.
91.415 Changes to aircraft inspection programs.
91.417 Maintenance records.
91.419 Transfer of maintenance records.
91.421 Rebuilt engine maintenance records.
91.423 -- 91.499 (Reserved)
14 CFR 77.75 Subpart F -- Large and Turbine-Powered Multiengine
Airplanes
91.501 Applicability.
91.503 Flying equipment and operating information.
91.505 Familiarity with operating limitations and emergency
equipment.
91.507 Equipment requirements: Over-the-top or night VFR operations.
91.509 Survival equipment for overwater operations.
91.511 Radio equipment for overwater operations.
91.513 Emergency equipment.
91.515 Flight altitude rules.
91.517 Smoking and safety belt signs.
91.519 Passenger briefing.
91.521 Shoulder harness.
91.523 Carry-on baggage.
91.525 Carriage of cargo.
91.527 Operating in icing conditions.
91.529 Flight engineer requirements.
91.531 Second in command requirements.
91.533 Flight attendant requirements.
91.535 -- 91.599 (Reserved)
14 CFR 77.75 Subpart G -- Additional Equipment and Operating
Requirements for Large and Transport Category Aircraft
91.601 Applicability.
91.603 Aural speed warning device.
91.605 Transport category civil airplane weight limitations.
91.607 Emergency exits for airplanes carrying passengers for hire.
91.609 Flight recorders and cockpit voice recorders.
91.611 Authorization for ferry flight with one engine inoperative.
91.613 Materials for compartment interiors.
91.615 -- 91.699 (Reserved)
14 CFR 77.75 Subpart H -- Foreign Aircraft Operations and Operations of
U.S.-Registered Civil Aircraft Outside of the United States
91.701 Applicability.
91.703 Operations of civil aircraft of U.S. registry outside of the
United States.
91.705 Operations within the North Atlantic Minimum Navigation
Performance Specifications Airspace.
91.707 Flights between Mexico or Canada and the United States.
91.709 Operations to Cuba.
91.711 Special rules for foreign civil aircraft.
91.713 Operation of civil aircraft of Cuban registry.
91.715 Special flight authorizations for foreign civil aircraft.
91.717 -- 91.799 (Reserved)
14 CFR 77.75 Subpart I -- Operating Noise Limits
91.801 Applicability: Relation to part 36.
91.803 Part 125 operators: Designation of applicable regulations.
91.805 Final compliance: Subsonic airplanes.
91.807 Phased compliance under parts 121, 125, and 135: Subsonic
airplanes.
91.809 Replacement airplanes.
91.811 Service to small communities exemption: Two-engine, subsonic
airplanes.
91.813 Compliance plans and status: U.S. operations of subsonic
airplanes.
91.815 Agricultural and fire fighting airplanes: Noise operating
limitations.
91.817 Civil aircraft sonic boom.
91.819 Civil supersonic airplanes that do not comply with part 36.
91.821 Civil supersonic airplanes: Noise limits.
91.823 -- 91.849 (Reserved)
91.851 Definitions.
91.853 Final compliance: Civil subsonic airplanes.
91.855 Entry and nonaddition rule.
91.857 Airplanes imported to points outside the contiguous United
States.
91.859 Modification to meet Stage 3 noise levels.
91.861 Base level.
91.863 Transfers of Stage 2 airplanes with base level.
91.865 Phased compliance for operators with base level.
91.867 Phased compliance for new entrants.
91.869 Carry-forward compliance.
91.871 Waivers from interim compliance requirements.
91.873 Waivers from final compliance.
91.875 Annual progress reports.
91.877-91.899 (Reserved)
14 CFR 77.75 Subpart J -- Waivers
91.901 (Reserved)
91.903 Policy and procedures.
91.905 List of rules subject to waivers.
91.907 -- 91.999 (Reserved)
Appendix A -- Category II Operations: Manual, Instruments,
Equipment, and Maintenance
Appendix B -- Authorizations to Exceed Mach 1 ( 91.817)
Appendix C -- Operations in the North Atlantic (NAT) Minimum
Navigation Performance Specifications (MNPS) Airspace
Appendix D -- Airports/Locations Where the Transponder Requirements
of Section 91.215(b)(5)(ii) Apply
Appendix E -- Airplane Flight Recorder Specifications
Appendix F -- Helicopter Flight Recorder Specifications
Authority: 49 U.S.C. app. 1301(7), 1303, 1344, 1348, 1352 through
1355, 1401, 1421 through 1431, 1471, 1472, 1502, 1510, 1522, and 2121
through 2125; articles 12, 29, 31, and 32(a) of the Convention on
International Civil Aviation (61 stat. 1180); 42 U.S.C. 4321 et seq.;
E.O. 11514, 35 FR 4247, 3 CFR, 1966-1970 Comp., p. 902; 49 U.S.C.
106(g).
14 CFR 77.75 Special Federal Aviation Regulations
14 CFR 77.75 SFAR No. 21
14 CFR 77.75 SFAR No. 21 -- Southern Rhodesia; Aviation Sanctions
1-3 (Reserved)
4 Records.
5 Reports.
6 Violations.
1-3 (Reserved)
4. Records. (a) Each person who engaged in any carriage or operation
subject to Special Federal Aviation Regulation No. 21 before December
16, 1979, shall make a full and accurate record of each carriage or
operation of this kind in which he engaged, regardless of whether it was
effected pursuant to license or otherwise, and shall keep the record
available for at least two years after the date of carriage or
operation.
(b) This section does not require any particular method of
recordkeeping and does not require any change in the system of records
customarily kept by the person concerned, so long as the records supply
an adequate basis for examination. Records may be kept in the form of
microfilm or other photographic copies.
5. Reports. Each person who participated in any carriage or operation
covered by Special Federal Aviation Regulation No. 21 before December
16, 1979 shall submit such reports on his activities under that special
regulation as the Administrator may require.
6. Penalties. (a) Attention is directed to section 5(b) of the United
Nations Participation Act of 1945 (22 U.S.C. sec. 287c), which provides
in part:
Any person who willfully violates or evades or attempts to violate or
evade any order, rule, or regulation issued by the President pursuant to
subsection (a) of this section shall, upon conviction be fined not more
than $10,000, or, if a natural person, be imprisoned for not more than
10 years, or both, and the officer, director, or agent of any
corporation who knowingly participates in such violation or evasion
shall be punished by a like fine, imprisonment, or both, and any
property, funds, securities, papers, or other articles or documents, or
any vessel, together with her tackle, apparel, furniture, and equipment,
or vehicle, or aircraft, concerned in such violation shall be forfeited
to the United States. (Dec. 20, 1945, ch. 583, sec. 5, 59 Stat. 620;
Oct. 10, 1949, ch. 660, sec. 3, 63 Stat. 735).
This section of the United Nations Participation Act of 1945 is
applicable to violations of any provisions of this special regulation
and to violations of the provisions of any ruling, regulation, order,
direction, or instruction issued pursuant to this special regulation
under section 5 of the United Nations Participation Act, E.O. 11322, and
E.O. 11419.
(b) Attention is also directed to 18 U.S.C. 1001 which provides:
Whoever, in any matter within the jurisdiction of any department or
agency of the United States knowingly and willfully falsifies, conceals,
or covers up by any trick, scheme, or device a material fact, or makes
any false, fictitious or fraudulent statements or representations, or
makes or uses any false writing or document knowing the same to contain
any false, fictitious or fraudulent statement or entry, shall be fined
not more than $10,000 or imprisoned not more than 5 years, or both.
(E.O. 11322, Jan. 5, 1967; E.O. 11419, July 29, 1968; sec. 5, 59
Stat. 620, sec. 3, 63 Stat. 735, 22 U.S.C. sec. 287c; E.O. 12183, Dec.
16, 1979)
(33 FR 14103, Sept. 18, 1968, as amended by Amdt. SFAR 21-1, 35 FR
529, Jan. 15, 1970; Amdt. SFAR 21-2, 45 FR 1414, Jan. 7, 1980)
14 CFR 77.75 SFAR No. 29-4
14 CFR 77.75 SFAR No. 29-4 -- Limited IFR Operations of Rotorcraft
1. Contrary provisions of Parts 21, 27, and 29 of the Federal
Aviation Regulations notwithstanding, an operator of a rotorcraft that
is not otherwise certificated for IFR operations may conduct an approved
limited IFR operation in the rotorcraft when --
(a) FAA approval for the operation has been issued under paragraph 2
of this SFAR;
(b) The operator complies with all conditions and limitations
established by this SFAR and the approval; and
(c) A copy of the approval and this SFAR are set forth as a
supplement to the Rotorcraft Flight Manual.
2. FAA approval for the operation of a rotorcraft in limited IFR
operations may be issued when the following conditions are met:
(a) The operation is approved as part of the FAA study of limited
rotorcraft IFR operations.
(b) Specific FAA approval has been obtained for the following:
(i) The rotorcraft (make, model, and serial number).
(ii) The flightcrew.
(iii) The procedures to be followed in the operation of the
rotorcraft under IFR and the equipment that must be operable during such
operations.
(c) The conditions and limitations necessary for the safe operation
of the rotorcraft in limited IFR operations have been established,
approved, and incorporated into the operating limitations section of the
Rotorcraft Flight Manual.
3. An approval issued under paragraph 2 of this Special Federal
Aviation Regulation and the change to the Rotorcraft Flight Manual
specified in paragraph 2(c) of this Special Federal Aviation Regulation
constitute a supplemental type certificate for each rotorcraft approved
under paragraph 2 of this SFAR. The supplemental type certificate will
remain in effect until the approval to operate issued under the Special
Federal Aviation Regulation is surrendered, revoked, or otherwise
terminated.
4. Notwithstanding 91.167(a)(3) of the Federal Aviation Regulations,
a person may operate a rotorcraft in a limited IFR operation approved
under paragraph 2(a) of the Special Federal Aviation Regulation with
enough fuel to fly, after reaching the alternate airport, for not less
than 30 minutes, when that period of time has been approved.
5. Expiration.
(a) New applications for limited IFR rotorcraft operations under SFAR
No. 29 may be submitted for approval until, but not including, the
effective date of Amendment No. 1 of the Rotorcraft Regulatory Review
Program. On and after the effective date of Amendment No. 1 of the
Rotorcraft Regulatory Review Program, all applicants for certification
of IFR rotorcraft operations must comply with the applicable provisions
of the Federal Aviation Regulations.
(b) This Special Federal Aviation Regulation will terminate when all
approvals issued under Special Federal Aviation Regulation No. 29 are
surrendered, revoked, or otherwise terminated.
(Secs. 313(a), 601(a), and 603, Federal Aviation Act of 1958 (49
U.S.C. 1354(a), 1421(a), and 1423) and section 6(c), Department of
Transportation Act (49 U.S.C. 1655(c)))
(Doc. No. 14237, 48 FR 632, Jan. 6, 1983, as amended by Amdt.
91-211, 54 FR 34331, Aug. 18, 1989)
14 CFR 77.75 SFAR No. 44-5
14 CFR 77.75 SFAR No. 44-5 -- Air Traffic Control System Interim
Operations Plan
1. Each person shall, before conducting any operation under the
Federal Aviation Regulations (14 CFR Chapter I), familiarize himself
with all Notices to Airmen issued under 91.139; when activated, with
the provisions of the National Air Traffic Control Contingency Plan (FAA
Order 7110.86), available for inspection at operating Air Traffic
facilities and Regional Air Traffic Division Offices; and with all
other available information concerning that operation.
2. Notwithstanding any provision of the Federal Aviation Regulations
to the contrary, no person may operate an aircraft in the airspace under
the jurisdiction of the United States --
(a) Contrary to any restriction, prohibition, procedure, or other
action specified in this Special Federal Aviation Regulation (SFAR) or
specified by the Associate Administrator for Air Traffic pursuant to
paragraph 3 of this regulation and announced in a Notice to Airmen
pursuant to 91.139 of the Federal Aviation Regulation; or
(b) If the National Air Traffic Control Contingency Plan is activated
pursuant to paragraph 5 of this regulation, except in accordance with
the pertinent provisions of the Contingency Plan (FAA Order 7110.86,
dated February 27, 1981, as amended by Errata Change issued March 10,
1981, Errata Change No. 2 issued March 18, 1981, and Errata Change No. 3
issued June 19, 1981).
3. As conditions warrant or until activation of the National Air
Traffic Control Contingency Plan (Phase III), the Associate
Administrator for Air Traffic is authorized to --
(a) Restrict, prohibit or permit VFR and/or IFR operations at any
airport, Terminal Control Area, or other terminal and enroute airspace
(subject to any restrictions and limitations imposed under paragraph 4
of this regulation);
(b) Give priority at any airport to flights that are military
necessities, medical emergency flights, Presidential flights, and
flights transporting critical Federal Aviation Administration employees;
and
(c) Implement at any airport or within enroute airspace flow control
management procedures, including reduction of flight operations.
Reduction of flight operations shall, to the extent feasible, be made
pro rata among and between air carrier, commercial operator, and general
aviation operations.
4. As conditions warrant or until activation of the National Air
Traffic Control Contingency Plan (Phase III), API-1 is authorized to
implement reductions in air carrier schedules in accordance with the
appendix to this regulation, as air traffic capacity requires, if
operations at an airport cannot be safely and efficiently handled by the
controller work force at the air traffic control facilities involved,
and limit the number of daily and hourly operations of an air carrier at
any airport.
5. If the actions taken in accordance with paragraphs 3 and 4 of this
regulation do not provide for the orderly movement of air traffic, the
Associate Administrator for Air Traffic may activate the National Air
Traffic Control Contingency Plan (Phase III).
6. Upon activation of the National Air Traffic Control Contingency
Plan (Phase III) and notwithstanding any provision of the Federal
Aviation Regulations to the contrary, the Associate Administrator for
Air Traffic is authorized to suspend or modify any airspace designation
(or chart).
7. All restrictions, prohibitions, and procedures established, and
other actions taken by the Associate Administrator for Air Traffic under
this regulation with respect to the operation of the Air Traffic Control
System will be announced in Notices to Airmen issued pursuant to 91.139
of the Federal Aviation Regulations.
8. The Associate Administrator for Air Traffic and API-1 may delegate
their authorities under this regulation to the extent they consider
necessary for the safe and efficient operation of the National Air
Traffic Control System.
1. For operations after October 30, 1982 --
(a) Except as modified pursuant to paragraph 2 of this appendix:
(i) The number of daily arrival operations an air carrier may
schedule or operate at a controlled airport (as identified in this
appendix) shall not exceed its FAA-approved daily and hourly allocation
total at that airport for the previous schedule period; and
(ii) The number of daily arrival operations an air carrier may
schedule or operate at any other airport shall not exceed its
FAA-approved daily allocation total at that individual airport for the
previous schedule period.
(b) Each air carrier that desires to take part in the selection
session for additional slots must notify, in writing, the Office of the
Chief Counsel, Docket Section, AGC-10, 800 Independence Avenue, SW.,
Washington, DC 20591. The notification must be received not later than
72 hours before the beginning of the slot selection session (for the
first session, notification must be received by 5:00 p.m. on August 17,
1982). The notification shall state the schedule period for which the
air carrier desires slots and shall identify the individual or
individuals who will represent the carrier in the slot selection
session. Once a notification is submitted for one schedule period,
additional notification need not be submitted unless the carrier changes
its representatives.
(c) Slots allocated in accordance with SFAR 44-4 shall be considered
to have been allocated under this appendix.
2. Additional capacity allocation.
(a) Unless directed by the CAB (in cases of essential air service or
to satisfy some other CAB requirement) or unless the FAA determines that
a carrier has exceeded the number of operations allowed by this
regulation, a carrier will not be required to give up slots for another
carrier's use. However, slots that a carrier does not actually use at
least 57 percent of the schedule period will be automatically revoked.
Upon a showing by the carrier that an operation is historically
seasonal, API-1 may grant a waiver from the 57-percent requirement.
(b) For the purposes of additional capacity allocations under this
SFAR: (1) An air carrier that was operating at one of the 21 controlled
airports listed at the end of this appendix on August 1, 1982, is an
''incumbent'' at that airport; and (2) an air carrier that is not
operating at any airport on or before August 1, 1982, has appropriate
Civil Aeronautics Board authority, and has applied for an FAA
certificate, is a new entrant. If an air carrier has more than a
50-percent ownership or control of one or more other air carriers, the
carriers shall be considered to be a single air carrier under this
appendix. In addition, if after August 10, 1982, a single company
obtains more than 50 percent ownership or control of two or more air
carriers, those air carriers shall be considered to be a single air
carrier under this appendix.
(c) A random drawing will be held on August 20, 1982, to determine
the order of selection for all future allocation periods. Included in
the drawing will be all air carriers that have designated a
representative in accordance with paragraph 1(b) of this appendix. A
carrier which asks to be included in a slot selection session after the
draw is held will be added to the end of the selection list. The slots
to be awarded through this process are only for scheduled service.
Slots for charter operations will be allocated in accordance with
paragraph 4 of this appendix.
(d) Approximately 55 days before the beginning of a schedule period,
the FAA will conduct a slot selection session to determine which air
carriers will obtain new slots to be added to the system for that
particular schedule period. The approximate number and time of the
slots will be announced by the FAA at least 7 days before the slot
selection session.
(e) At the slot selection session, subsequent to any allocation
specified under paragraph (f) of this appendix, air carriers may select
slots from any controlled airport or center in the order established
under paragraph (c) of this paragraph. A carrier must answer
''present'' or make its selections within 1 minute or it will lose its
turn. If it answers ''present,'' the carrier must make its selection
within 5 minutes total after its turn is called or it will lose its
turn. If capacity still remains after each air carrier on the selection
list has had an opportunity to select slots, the allocation sequence
will be repeated in the same order. An air carrier may select any two
slots available during each sequence, except in the first sequence of
each session during which the number of slots an air carrier may select
is as follows:
Air carriers operating two or more slots on August 1, 1982 at each of
0-5 controlled airports -- 2 slots
Air carriers operating two or more slots on August 1, 1982 at each of
6-21 controlled airports -- 4 slots
Air carriers defined as new entrants -- 4 slots
An air carrier selecting a slot in an ARTCC shall, at the time of
selection, identify the airport within the ARTCC to which the carrier
will operate.
An air carrier deciding not to select slots in a particular session
must advise the FAA that it has decided to pass before it has selected
any slot during that session. Any air carrier ''passing'' will be given
selection priority at the next slot selection session and will remain in
that position in future sessions. A carrier cannot pass in consecutive
sessions, except for new entrants that may pass in two consecutive
sessions. If a carrier does not use its priority selection in the next
slot selection session, it will lose that priority selection. A carrier
not passing and deciding not to select slots in a particular sequence
may ''defer'' selection in that sequence.
(f) Impacted Carrier Allocation. Each incumbent carrier which at the
time of the slot selection session has in its base at least 5 fewer
slots at the controlled airports* than in its September 1, 1981 OAG base
will be given a priority during the slot selection process. A Carrier
that qualifies to obtain these incumbent priority slots, may select two
slots from those available at any controlled airport at which it is
below its September 1981 base before any other carrier makes a
selection. If more than one carrier qualifies for priority under this
paragraph, the order of selection will be based on the number of slots
the qualifying carriers are below their September 1, 1981 base, those
with the highest numbers selecting first. A carrier selecting a slot
under this provision will have an equivalent number of slots subtracted
from the number it is otherwise eligible to select during the first slot
selection sequence under paragraph (e). For the purposes of this
section, a carrier's September 1, 1981 base will be adjusted downward to
reflect slots which it has sold, traded (unless traded for identical
number of slots), or released. This subparagraph does not apply to
cargo operators. Slots selected under this paragraph may not exceed 30
percent of the new/additional slots available at any controlled airport.
Slots selected under the provisions of this paragraph may not be
traded.
After the first slot selection session, the order for slot selection
will be as follows: (1) Impacted incumbents that ''passed'' their
''impacted incumbent'' selections in the previous slot selection session
in the order in which they were listed as impacted; (2) impacted
incumbents; (3) carriers that ''passed'' in the previous slot selection
section in the order in which they were listed in the selection list;
and (4) the carrier following the last carrier to make a slot selection
in the previous session.
(g) An air carrier slot allocated at a controlled airport must be
used only during the hour in which the slot was assigned at the
particular controlled airport. Center slots allocated to an air carrier
at a non-controlled airport may be used at any hour at that particular
airport and may be transferred to any non-controlled airport in the same
ARTCC if written approval is received from API-1.
(h) If Braniff notifies the FAA, in writing, prior to September 15,
1983, that it has obtained the necessary legal approvals to begin
operations by November 15, 1983, and if that operation is approved by
the Administrator, then Braniff will be allocated the 53 slots withheld
from the June 28 slot allocation session. If Braniff does not provide
that notice by September 15 or if the Administrator determines that
Braniff will not be able to operate by November 15, an allocation will
be held to allocate the slots.
Note. -- The FAA has determined that this rule only affects a minor
number of slots and the number of carriers holding slots. There are no
apparent direct or indirect (non-industry) costs associated with the
rule. Therefore, the preparation of a full regulatory evaluation is
unnecessary.
Based on the above, it has been determined that this is not a major
regulation under Executive Order 12291 and I certify that, under the
criteria of the Regulatory Flexibility Act, the proposed rule will not
have a significant economic impact on a substantial number of small
entities. In addition, the FAA has determined that this amendment is
not significant under the Department of Transportation Regulatory
Policies and Procedures (44 FR 11034; February 26, 1979).
3. No new/additional flight requests for changes will be accepted by
the FAA between schedule periods except for requests for arrival
approvals between 12:01 a.m. and 4:59 a.m., local time. These requests
and changes to flight schedules between schedule periods for flight
number changes, within hour changes at the same controlled airport (as
identified in this appendix), and hourly changes within the allocated
daily total at all other airports will be processed in the order
received. Such requests must be sent to API-1.
4. Charter and extra section flight requests shall be made to the FAA
Central Flow Facility. Non-passenger ferry flights, pilot training and
mechanical repair checkout operations may be conducted notwithstanding
the limitations contained in this SFAR. Written requests for charter
operations may be made to Central Flow Control up to 70 days in advance
of the scheduling period in which the operation is proposed.
5. No person shall operate an air carrier flight unless approval for
the operation has been reviewed prior to the flight by API-1 as part of
the particular air carrier's approved schedule or under paragraph 1, 2,
3, or 4 of this appendix, or in accordance with paragraph 5 of this
appendix.
6. Airports and Air Route Traffic Control Centers at which some
constraints are necessary are listed below. This listing also shows
those airports in which additional capacity will be available through
October 30, 1982. Constraints may also be imposed at airports other
than those listed if any changes in the current status of an airport
cannot be safely and efficiently handled by the controller work force at
the ATC facilities involved. Schedule reductions in effect at an
airport may be revised and will be removed to the extent the controller
work force at the ATC facilities involved can accommodate those changes.
(Secs. 307 (a) and (c), 313(a), and 601(a), Federal Aviation Act of
1958, as amended (49 U.S.C. 1348 (a) and (c), 1354(a), and 1421(a));
sec. 6(c), Department of Transportation Act (49 U.S.C. 1655(c)))
(Doc. No. 22050, 47 FR 35161, Aug. 12, 1982, as amended at 47 FR
43280, Sept. 30, 1982; 48 FR 39056, Aug. 29, 1983; Amdt. 91-211, 54 FR
34331, Aug. 18, 1989; SFAR. 44-8, 54 FR 39292, Sept. 25, 1989)
*There are 21 controlled airports identified in the attachment to
this appendix. Washington National Airport is no longer considered a
controlled airport.
14 CFR 77.75 SFAR No. 44-6
14 CFR 77.75 SFAR No. 44-6 -- Air Traffic Control System Interim
Operations Plan
1. For arrival slots to be allocated on December 22, 1982: (a) Each
air carrier seeking authority for slots available in this special
allocation as identified in the appendix to this SFAR shall have its
representative (as designated in accordance with paragraph 1(b) of the
appendix to SFAR 44-5) attend a special slot allocation session in the
FAA Auditorium, Third Floor, at 800 Independence Avenue SW., Washington,
DC, on December 22, 1982.
2. On December 22, a special slot allocation session will be held.
The order of slot selection at this special session will be as follows:
(a) Carriers that ''passed'' in the previous slot selection session
in the order they passed.
(b) The carrier following the last carrier to make a slot selection
in the previous session.
3. As a carrier's name is called in accordance with the priority set
forth in paragraph 2, a carrier will be entitled to select slots in
accordance with paragraph 2(e) of the appendix to SFAR 44-5. If a
carrier representative appears at the session, it may select slots
available. A carrier will only be called for selection if it has
registered at the session. A carrier must answer ''present'' or make
its selection within 1 minute or it will lose its turn. If it answers
''present,'' the carrier must make its selection within 5 minutes total
after its turn is called or it will lose its turn. If capacity still
remains after each air carrier on the selection list has had an
opportunity to select slots, the allocation sequence will be repeated in
the same order.
4. A carrier selecting slots under this SFAR shall be determined to
''defer'' an identical number of selections at the next slot allocation
session. A carrier selecting slots under this SFAR cannot ''pass'' at
the next slot selection session.
5. The slots allocated under this SFAR which were previously
allocated to Altair Airlines will be for a period of up to 120 days from
December 22, 1982, and may be cancelled by the FAA at the end of that
120-day period or during that period upon 24-hour notice. The temporary
approval for these slots may be extended at the discretion of the
Administrator. In all future submissions to the FAA, these slots shall
be designated by the letters ''PH''.
6. All arrival slots allocated in accordance with this SFAR may be
used immediately but must be used at least 57 percent of the period
February 15 to April 23 or they will be automatically revoked.
7. No new/additional flight requests for changes will be accepted by
the FAA in a submittal made in accordance with this SFAR.
8. No person shall operate an air carrier flight unless approval for
the operation has been received in writing prior to the flight by the
Associate Administrator for Policy and International Aviation (API-1) as
part of the particular air carrier's approved schedule, under SFAR 44-5,
or in accordance with this appendix.
(Secs. 307 (a) and (c), 313(a), and 601(a), Federal Aviation Act of
1958, as amended (49 U.S.C. secs. 1348 (a) and (c), 1354(a), and
1421(a)); sec. 6(c), Department of Transportation Act (49 U.S.C.
1655(c)))
(Doc. No. 22050, 47 FR 56326, Dec. 16, 1982)
14 CFR 77.75 SFAR No. 47
14 CFR 77.75 SFAR No. 47
1. Contrary provisions of part 91, subpart E notwithstanding, an
operator of a civil subsonic turbojet airplane with maximum weight of
more than 75,000 pounds may conduct an approved limited nonrevenue
operation in that airplane at U.S. airports when --
(a) FAA authorization for the operation has been issued under
paragraph 3 of this SFAR;
(b) The operator complies with all conditions and limitations
established by this SFAR and the authorization;
(c) A copy of the authorization is carried aboard the airplane during
all operations at U.S. airports; and
(d) The airplane carries an appropriate airworthiness certificate
issued by the country of registration and meets the registration and
identification requirements of that country.
2. FAA authorization for the operation of a Stage 1 civil turbojet to
or from U.S. airports may be issued for the following purposes:
(a) Flying the airplane to an airport where alterations are to be
performed to achieve compliance with Stage 2 or Stage 3 noise levels
under part 36;
(b) Operations deemed necessary by the FAA for scrapping airplanes to
obtain spare parts to support U.S. military programs for the national
defense.
3. An application for a special flight authorization under this
Special Federal Aviation Regulation should be submitted to the FAA,
Director of the Office of Environment and Energy and include the
following information:
(a) The airplane operator;
(b) The airplane make, model, registration number and serial number;
(c) The purpose of the special flight authorization;
(d) All U.S. airports to be included in the special flight
authorization and the number of takeoffs and landings at each;
(e) The approximate dates of the requested flight authorization;
(f) The number of people to be aboard the airplane and the function
of each; and
(g) Any other information or documentation requested by the Director,
Office of Environment and Energy, as necessary to determine whether the
application should be approved.
(h) The applicant's name and telephone number.
(i) Whether a special flight permit under FAR part 21.197 or a
special flight auhtorization under FAR part 91.28 is required for the
proposed flight.
(j) Written requests must be received five days prior to requested
flight date.
4. Information collection requirements contained in this regulation
have been approved by the Office of Management and Budget under the
provisions of the Paperwork Reduction Act of 1980 (Pub. L 96-511) and
have been assigned OMB control number 2120-0518.
5. This Special Federal Aviation Regulation terminates on December
31, 1991, unless sooner rescinded or superseded.
(Doc. No. 24394, 50 FR 7752, Feb. 26, 1985, as amended by SFAR 47-1,
51 FR 47220, Dec. 31, 1986; SFAR 47-2, 52 FR 47673, Dec. 15, 1987; 53
FR 233, Jan. 6, 1988; SFAR 47-3, 54 FR 52901, Dec. 22, 1989)
14 CFR 77.75 SFAR No. 50-2
14 CFR 77.75 SFAR No. 50-2 -- Special Flight Rules in the Vicinity of
the Grand Canyon National Park, AZ
Section 1. Applicability. This rule prescribes special operating
rules for all persons operating aircraft in the following airspace,
designated as the Grand Canyon National Park Special Flight Rules Area:
That airspace extending upward from the surface up to but not
including 14,500 feet MSL within an area bounded by a line beginning at
lat. 36 09'30'' N., long. 114 03'00'' W.; northeast to lat. 36 14'00''
N., long. 113 09'50'' W.; thence northeast along the boundary of the
Grand Canyon National Park to lat. 36 24'47'' N., long. 112 52'00'' W.;
to lat. 36 30'30'' N., long. 112 36'15'' W.; to lat. 36 21'30'' N.,
long. 112 00'00'' W.; to lat. 36 35'30'' N., long. 111 53'10'' W.; to
lat. 36 53'00'' N., long. 111 36'45'' W.; to lat. 36 53'00'' N., long.
111 33'00'' W.; to lat. 36 19'00'' N., long. 111 50'50'' W.; to lat.
36 17'00'' N., long. 111 42'00'' W.; to lat. 35 59'30'' N., long. 111
42'00'' W.; to lat. 35 57'30'' N., long. 112 03'55'' W.; thence
counterclockwise via the 5-statute mile radius of the Grand Canyon
Airport reference point (lat. 35 57'09'' N., long 112 08'47'' W.) to
lat. 35 57'30'' N., long. 112 14'00'' W.; to lat 35 57'30'' N., long.
113 11'00'' W.; to lat. 35 42'30'' N., long. 113 11'00'' W.; to lat.
35 38'30'' N., long. 113 27'30'' W.; thence counterclockwise via the
5-statute mile radius of the Peach Springs VORTAC to lat. 35 41'20''
N., long. 113 36'00'' W.; to lat. 35 55'25'' N., long 113 49'10'' W.;
to lat. 35 57'45'' N., long. 113 45'20'' W.; thence northwest along
the park boundary to lat. 36 02'20'' N., long. 113 50'15'' W.; to lat.
36 00'10'' N., long., 113 53'45'' W.; thence to the point of beginning.
Sec. 2. Definitions. For the purposes of this special regulation:
Flight Standards District Office means the FAA Flight Standards
District Office with jurisdiction for the geographical area containing
the Grand Canyon.
Park means the Grand Canyon National Park.
Special Flight Rules Area means the Grand Canyon National Park
Special Flight Rules Area.
Sec. 3. Aircraft operations: general. Except in an emergency, no
person may operate an aircraft in the Special Flight Rules Area under
VFR on or after September 22, 1988, or under IFR on or after April 6,
1989, unless the operation --
(a) Is conducted in accordance with the following procedures:
Note: THE FOLLOWING PROCEDURES DO NOT RELIEVE THE PILOT FROM
SEE-AND-AVOID RESPONSIBILITY OR COMPLIANCE WITH FAR 91.119.
(1) Unless necessary to maintain a safe distance from other aircraft
or terrain --
(i) Remain clear of the areas described in Section 4; and
(ii) Remain at or above the following altitudes in each sector of the
canyon:
Eastern section from Lees Ferry to North Canyon and North Canyon to
Boundary Ridge: as prescribed in Section 5.
Boundary Ridge to Supai Point (Yumtheska Point): 10,000 feet MSL.
Supai Point to Diamond Creek: 9,000 feet MSL.
Western section from Diamond Creek to the Grand Wash Cliffs: 8,000
feet MSL.
(2) Proceed through the four flight corridors described in Section 4
at the following altitudes unless otherwise authorized in writing by the
Flight Standards District Office:
11,500 or
13,500 feet MSL
10,500 or
12,500 feet MSL.
(b) Is authorized in writing by the Flight Standards District Office
and is conducted in compliance with the conditions contained in that
authorization. Normally authorization will be granted for operation in
the areas described in Section 4 or below the altitudes listed in
Section 5 only for operations of aircraft necessary for law enforcement,
firefighting, emergency medical treatment/evacuation of persons in the
vicinity of the Park; for support of Park maintenance or activities;
or for aerial access to and maintenance of other property located within
the Special Flight Rules Area. Authorization may be issued on a
continuing basis.
(c)(1) Prior to November 1, 1988, is conducted in accordance with a
specific authorization to operate in that airspace incorporated in the
operator's part 135 operations specifications in accordance with the
provisions of SFAR 50-1, notwithstanding the provisions of Sections 4
and 5; and
(2) On or after November 1, 1988, is conducted in accordance with a
specific authorization to operate in that airspace incorporated in the
operator's part 135 operations specifications and approved by the Flight
Standards District Office in accordance with the provisions of SFAR
50-2.
(d) Is a search and rescue mission directed by the U.S. Air Force
Rescue Coordination Center.
(e) Is conducted within 3 nautical miles of Whitmore Airstrip, Pearce
Ferry Airstrip, North Rim Airstrip, Cliff Dwellers Airstrip, or Marble
Canyon Airstrip at an altitude less than 3,000 feet above airport
elevation, for the purpose of landing at or taking off from that
facility. Or
(f) Is conducted under an IFR clearance and the pilot is acting in
accordance with ATC instructions. An IFR flight plan may not be filed
on a route or at an altitude that would require operation in an area
described in Section 4.
Sec. 4. Flight-free zones. Except in an emergency or if otherwise
necessary for safety of flight, or unless otherwise authorized by the
Flight Standards District Office for a purpose listed in Section 3(b),
no person may operate an aircraft in the Special Flight Rules Area
within the following areas:
(a) Desert View Flight-Free Zone. Within an area bounded by a line
beginning at Lat. 35 59'30'' N., Long. 111 46'20'' W. to 35 59'30''
N., Long. 111 52'45'' W.; to Lat. 36 04'50'' N., Long. 111 52'00'' W.;
to Lat. 36 06'00'' N., Long. 111 46'20'' W.; to the point of origin;
but not including the airspace at and above 10,500 feet MSL within 1
mile of the western boundary of the zone. The area between the Desert
View and Bright Angel Flight-Free Zones is designated the ''Zuni Point
Corridor.''
(b) Bright Angel Flight-Free Zone. Within an area bounded by a line
beginning at Lat. 35 59'30'' N., Long. 111 55'30'' W.; to Lat. 35
59'30'' N., Long. 112 04'00'' W.; thence counterclockwise via the
5-statute-mile radius of the Grand Canyon Airport point (Lat. 35
57'09'' N., Long. 112 08'47'' W.) to Lat. 36 01'30'' N., Long. 112
11'00'' W.; to Lat. 36 06'15'' N., Long. 112 12'50'' W.; to Lat. 36
14'40'' N., Long. 112 08'50'' W.; to Lat. 36 14'40'' N., Long. 111
57'30'' W.; to Lat. 36 12'30'' N., Long. 111 53'50'' W.; to the point
of origin; but not including the airspace at and above 10,500 feet MSL
within 1 mile of the eastern boundary between the southern boundary and
Lat. 36 04'50'' N. or the airspace at and above 10,500 feet MSL within
2 miles of the northwest boundary. The area bounded by the Bright Angel
and Shinumo Flight-Free Zones is designated the ''Dragon Corridor.''
(c) Shinumo Flight-Free Zone. Within an area bounded by a line
beginning at lat. 36 04'00'' N., long. 112 16'40'' W.; northwest along
the park boundary to a point at lat. 36 12'47'' N., long. 112 30'53''
W.; to lat. 36 21'15'' N., long. 112 20'20'' W.; east along the park
boundary to lat. 36 21'15'' N., long. 112 13'55'' W.; to lat. 36
14'40'' N., long. 112 11'25'' W.; to the point of origin. The area
between the Thunder River/Toroweap and Shinumo Flight-Free Zones is
designated the ''Fossil Canyon Corridor.''
(d) Toroweap/Thunder River Flight-Free Zone. Within an area bounded
by a line beginning at lat. 36 22'45'' N., long. 112 20'35'' W.; thence
northwest along the boundary of the Grand Canyon National Park to lat.
36 17'48'' N., long. 113 03'15'' W.; to lat. 36 15'00'' N., long. 113
07'10'' W.; to lat. 36 10'30'' N., long. 113 07'10'' W.; thence east
along the Colorado River to the confluence of Havasu Canyon (lat. 36
18'40'' N., long. 112 45'45'' W.;) including that area within a
1.5-nautical-mile radius of Toroweap Overlook (lat. 36 12'45'' N., long.
113 03'30'' W.) to the point of origin; but not including the following
airspace designated as the ''Tuckup Corridor'': at or above 10,500 feet
MSL within 2 nautical miles either side of a line extending between lat.
36 24'47'' N., long. 112 48'50'' W.; and lat. 36 17'10'' N., long. 112
48'50'' W.; to the point of origin.
Sec. 5. Minimum flight altitudes. Except in an emergency or if
otherwise necessary for safety of flight, or unless otherwise authorized
by the Flight Standards District Office for a purpose listed in Section
3(b), no person may operate an aircraft in the Special Flight Rules Area
at an altitude lower than the following:
(a) Eastern section from Lees Ferry to North Canyon: 5,000 feet MSL.
(b) Eastern section from North Canyon to Boundary Ridge: 6,000 feet
MSL.
(c) Boundary Ridge to Supai (Yumtheska) Point: 7,500 feet MSL.
(d) Supai Point to Diamond Creek: 6,500 feet MSL.
(e) Western section from Diamond Creek to the Grand Wash Cliffs:
5,000 feet MSL.
Sec. 6. Commercial sightseeing flights.
(a) Notwithstanding the provisions of Federal Aviation Regulations
135.1(b)(2), nonstop sightseeing flights that begin and end at the same
airport, are conducted within a 25-statute-mile radius of that airport,
and operate in or through the Special Flight Rules Area during any
portion of the flight are governed by the provisions of part 135.
(b) No person holding or required to hold an operating certificate
under part 135 may operate an aircraft in the Special Flight Rules Area
except as authorized by operations specifications issued under that
part.
Sec. 7. Minimum terrain clearance. Except in an emergency, when
necessary for takeoff or landing, or unless authorized by the Flight
Standards District Office for a purpose listed in Section 3(b), no
person may operate an aircraft within 500 feet of any terrain or
structure located between the north and south rims of the Grand Canyon.
Sec. 8. Communications. Except when in contact with the Grand Canyon
National Park Airport Traffic Control Tower during arrival or departure
or on a search and rescue mission directed by the U.S. Air Force Rescue
Coordination Center, no person may operate an aircraft in the Special
Flight Rules Area unless he monitors the appropriate frequency
continuously while in that airspace.
Sec. 9. Termination date. This Special Federal Aviation Regulation
expires on June 15, 1992.
Insert illus. 0002
(Doc. 25149, SFAR 50-2, 53 FR 20273, June 2, 1988; 53 FR 21988, June
13, 1988; 53 FR 32603, Aug. 26, 1988, as amended at 53 FR 36947, Sept.
22, 1988; SFAR 50-2, 54 FR 11927, Mar. 22, 1989; SFAR 50-2, 54 FR
34331, Aug. 18, 1989; SFAR 50-2, 55 FR 13445, Apr. 10, 1990; SFAR
50-2, 55 FR 15320, Apr. 23, 1990)
14 CFR 77.75 SFAR No. 51-1
14 CFR 77.75 SFAR No. 51-1 -- Special Flight Rules in the Vicinity of
Los Angeles International Airport
Section 1. Applicability: This rule establishes a special operating
area for persons operating aircraft under visual flight rules (VFR) in
the following airspace of the Los Angeles Terminal Control Area (TCA)
designated as the Los Angeles Special Flight Rules Area:
That part of Area A of the Los Angeles TCA between 3,500 feet above
mean sea level (MSL) and 4,500 feet MSL, inclusive, bounded on the north
by Ballona Creek, on the east by the San Diego Freeway, on the south by
Imperial Highway, and on the west by the Pacific Ocean shoreline.
Section 2. Aircraft operations, general. Unless otherwise
authorized by the Administrator, no person may operate an aircraft in
the airspace described in Section 1 unless the operation is conducted
under the following rules.
a. The flight shall be conducted under VFR and only when operation
may be conducted in compliance with FAR 91.105(a).
b. The aircraft shall meet the equipment requirements specified in
FAR 91.24(b) replying on Code 1201 prior to entering and while operating
in this area.
c. The pilot shall have a current Los Angeles Terminal Area Chart in
the aircraft.
d. The pilot shall operate on the Santa Monica very high frequency
omni-directional radio range (VOR) 132 radial.
e. Operations in a southeasterly direction shall be in level flight
at 3,500 feet MSL.
f. Operations in a northwesterly direction shall be in level flight
at 4,500 feet MSL.
g. Indicated airspeed shall not exceed 140 knots.
h. Anticollision lights and aircraft position/navigation lights shall
be on. Use of landing lights is recommended.
i. Turbojet aircraft are prohibited from VFR operations in this area
Section 3. Notwithstanding the provisions of FAR 91.90(a), an air
traffic control authorization is not required in the Los Angeles Special
Flight Rules Area for operations in compliance with Section 2 of this
SFAR. All other provisions of FAR 91.90 apply to operate in the Special
Flight Rules Area.
Authority: 49 U.S.C. app. 1303, 1348, 1354(a), 1421, and 1422; 49
U.S.C. 106(g).
(Doc. No. 87-AWA-31, SFAR 51-1, 53 FR 3812, Feb. 9, 1988, as amended
by Amdt. 91-227, 56 FR 65652, Dec. 17, 1991)
Effective Date Note: By Amdt. 91-227, 56 FR 65652, Dec. 17, 1991,
Special Federal Aviation Regulation No. 51-1 was amended by revising
section 1 introductory text, paragraphs 2(a) and 2(b) of section 2, and
section 3, effective September 16, 1993. For the convenience of the
user the revised text follows.
Section 1. Applicability: This rule establishes a special operating
area for persons operating aircraft under visual flight rules (VFR) in
the following airspace of the Los Angeles Class B airspace area
designated as the Los Angeles Special Flight Rules Area: * * *
Section 2. * * *
a. The flight must be conducted under VFR and only when operation may
be conducted in compliance with 91.155(a).
b. The aircraft must be equipped as specified in FAR 91.215(b)
replying on Code 1201 prior to entering and while operating in this
area.
Section 3. Notwithstanding the provisions of 91.131(a), an air
traffic control authorization is not required in the Los Angeles Special
Flight Rules Area for operations in compliance with section 2 of this
SFAR. All other provisions of 91.131 apply to operate in the Special
Flight Rules Area.
14 CFR 77.75 SFAR No. 57
14 CFR 77.75 SFAR No. 57 -- Restriction on Certain Flights from the
United States to the Republic of the Philippines
1. Applicability. This rule applies to all operations in the United
States.
2. Special flight restrictions. No person may operate an aircraft or
initiate a flight carrying the remains of Ferdinand Marcos from the
Hawaiian Islands or any other point in the United States to any point in
the Republic of the Philippines or to any intermediate destination on a
flight the ultimate destination of which is the Republic of the
Philippines.
3. Expiration. This special rule expires October 1, 1991.
(Doc. No. 26027, 55 FR 40361, Oct. 2, 1990)
14 CFR 77.75 SFAR No. 60
14 CFR 77.75 Special Federal Aviation Regulation No. 60 -- Air Traffic
Control System Emergency Operation
1. Each person shall, before conducting any operation under the
Federal Aviation Regulations (14 CFR chapter I), be familiar with all
available information concerning that operation, including Notices to
Airmen issued under 91.139 and, when activated, the provisions of the
National Air Traffic Reduced Complement Operations Plan available for
inspection at operating air traffic facilities and Regional air traffic
division offices, and the General Aviation Reservation Program. No
operator may change the designated airport of intended operation for any
flight contained in the October 1, 1990, OAG.
2. Notwithstanding any provision of the Federal Aviation Regulations
to the contrary, no person may operate an aircraft in the Air Traffic
Control System:
a. Contrary to any restriction, prohibition, procedure or other
action taken by the Director of the Office of Air Traffic Systems
Management (Director) pursuant to paragraph 3 of this regulation and
announced in a Notice to Airmen pursuant to 91.139 of the Federal
Aviation Regulations.
b. When the National Air Traffic Reduced Complement Operations Plan
is activated pursuant to paragraph 4 of this regulation, except in
accordance with the pertinent provisions of the National Air Traffic
Reduced Complement Operations Plan.
3. Prior to or in connection with the implementation of the RCOP, and
as conditions warrant, the Director is authorized to:
a. Restrict, prohibit, or permit VFR and/or IFR operations at any
airport, terminal control area, airport radar service area, or other
terminal and en route airspace.
b. Give priority at any airport to flights that are of military
necessity, or are medical emergency flights, Presidential flights, and
flights transporting critical Government employees.
c. Implement, at any airport, traffic management procedures, that may
include reduction of flight operations. Reduction of flight operations
will be accomplished, to the extent practical, on a pro rata basis among
and between air carrier, commercial operator, and general aviation
operations. Flights cancelled under this SFAR at a high density traffic
airport will be considered to have been operated for purposes of part 93
of the Federal Aviation Regulations.
4. The Director may activate the National Air Traffic Reduced
Complement Operations Plan at any time he finds that it is necessary for
the safety and efficiency of the National Airspace System. Upon
activation of the RCOP and notwithstanding any provision of the FAR to
the contrary, the Director is authorized to suspend or modify any
airspace designation.
5. Notice of restrictions, prohibitions, procedures and other actions
taken by the Director under this regulation with respect to the
operation of the Air Traffic Control system will be announced in Notices
to Airmen issued pursuant to 91.139 of the Federal Aviation
Regulations.
6. The Director may delegate his authority under this regulation to
the extent he considers necessary for the safe and efficient operation
of the National Air Traffic Control System.
Authority: 49 U.S.C. app. 1301(7), 1303, 1344, 1348, 1352 through
1355, 1401, 1421 through 1431, 1471, 1472, 1502, 1510, 1522, and 2121
through 2125; articles 12, 29, 31, and 32(a) of the Convention on
International Civil Aviation (61 stat. 1180); 42 U.S.C. 4321 et seq.;
E.O. 11514, 35 FR 4247, 3 CFR, 1966-1970 Comp., p. 902; 49 U.S.C.
106(g).
(Doc. No. 26351, 55 FR 40760, Oct. 4, 1990)
Effective Date Note: By Amdt. 91-227, 56 FR 65652, Dec. 17, 1991,
Special Federal Aviation Regulation No. 60 was amended by revising
paragraph (a) of section 3, effective September 16, 1993. For the
convenience of the user, the revised text follows.
3. * * *
(a) Restrict, prohibit, or permit VFR and/or IFR operations at any
airport, Class B airspace area, Class C airspace area, or other class of
controlled airspace.
14 CFR 77.75 SFAR No. 61
14 CFR 77.75 Special Federal Aviation Regulation No. 61 -- Restriction
on Certain Cargo Flights From the United States to the Republic of Iraq
or to the State of Kuwait
1. Applicability. This rule applies to all cargo-carrying operations
in the United States.
2. Special flight restrictions. Except as provided in paragraph 3 of
this SFAR --
(a) No person may operate an aircraft or initiate a flight carrying
cargo from any point in the United States to any point in Iraq or
Kuwait, or to any intermediate destination on a flight the ultimate
destination of which is the Republic of Iraq or the State of Kuwait;
and
(b) No person may operate an aircraft destined to land in Iraq or
Kuwait over the territory of the United States.
3. Permitted operations. This SFAR shall not prohibit the takeoff of
an aircraft, the initiation of a flight, or the overflight of United
States territory by an aircraft --
(a) Carrying food in humanitarian circumstances, subject to
authorization by the United Nations (UN) Security Council or the
Committee established by UN Resolution 661 (1990) and in accordance with
UN Resolution 666 (1990);
(b) Carrying supplies intended strictly for medical purposes or
solely for the United Nations Iran-Iraq Military Observer Group; or
(c) If the operator agrees to land at an airport designated by the
United States Government in order to permit inspection to ensure that
there is no cargo on board in violation of Resolution 661 (1990) or
Resolution 670 (1990).
4. Expiration. This special rule expires November 9, 1991.
(Doc. No. 26380, 55 FR 47299, Nov. 9, 1990; 55 FR 48727, Nov. 21,
1990)
14 CFR 77.75 SFAR No. 62
14 CFR 77.75 Special Federal Aviation Regulation No. 62 -- Suspension
of Certain Aircraft Operations from the Transponder with Automatic
Pressure Altitude Reporting Capability Requirement
Section 1. For purposes of this SFAR:
(a) The airspace within 30 nautical miles of a terminal control area
primary airport, from the surface upward to 10,000 feet MSL, excluding
the airspace designated as a terminal control area is referred to as the
Mode C veil.
(b) Effective until December 30, 1993, the transponder with automatic
altitude reporting capability requirements of FAR 91.215(b)(2) do not
apply to the operation of an aircraft:
(1) In the airspace at or below the specified altitude and within a
2-nautical-mile radius, or, if directed by ATC, within a 5-nautical mile
radius, of an airport listed in section 2 of this SFAR; and
(2) In the airspace at or below the specified altitude along the most
direct and expeditious routing, or on a routing directed by ATC, between
an airport listed in section 2 of this SFAR and the outer boundary of
the Mode C veil airspace overlying that airport, consistent with
established traffic patterns, noise abatement procedures, and safety.
Section 2. Effective until December 30, 1993. Airports at which the
provisions of 91.215(b)(2) do not apply.
(1) Airports within a 30-nautical-mile radius of The William B.
Hartsfield Atlanta International Airport.
(2) Airports within a 30-nautical-mile radius of the General Edward
Lawrence Logan International Airport.
(3) Airports within a 30-nautical-mile radius of the
Charlotte/Douglas International Airport.
(4) Airports within a 30-nautical-mile radius of the Chicago-O'Hara
International Airport.
(5) Airports within a 30-nautical-mile radius of the
Cleveland-Hopkins International Airport.
(6) Airports within a 30-nautical-mile radius of the Dallas/Fort
Worth International Airport.
(7) Airports within a 30-nautical-mile radius of the Stapleton
International Airport.
(8) Airports within a 30-nautical-mile radius of the Detroit
Metropolitan Wayne County Airport.
(9) Airport within a 30-nautical-mile radius of the Honolulu
International Airport.
(10) Airports within a 30-nautical-mile radius of the Houston
Inter-continental Airport.
(11) Airports within a 30-nautical-mile radius of the Kansas City
International Airport.
(12) Airport within a 30-nautical-mile radius of the McCarran
International Airport.
(13) Airports within a 30-nautical-mile radius of the Memphis
International Airport.
(14) Airports within a 30-nautical-mile radius of the Minneapolis-St.
Paul International Wold-Chamberlain Airport.
(15) Airports within a 30-nautical-mile radius of the New Orleans
International/Moisant Field Airport.
(16) Airports within a 30-nautical-mile radius of the John F.
Kennedy International Airport, the La Guardia Airport, and the Newark
International Airport.
(17) Airports within a 30-nautical-mile radius of the Orlando
International Airport.
(18) Airports within a 30-nautical-mile radius of the Philadelphia
International Airport.
(19) Airports within a 30-nautical-mile radius of the Phoenix Sky
Harbor International Airport.
(20) Airports within a 30-nautical-mile radius of the Lambert/St.
Louis International Airport.
(21) Airports within a 30-nautical-mile radius of the Salt Lake City
International Airport.
(22) Airports within a 30-nautical-mile radius of the Seattle-Tacoma
International Airport.
(23) Airports within a 30-nautical-mile radius of the Tampa
International Airport.
(24) Effective until the establishment of the Washington Tri-Area TCA
or December 30, 1993, whichever occurs first: Airports within a
30-nautical-mile radius of the Washington National Airport and Andrews
Air Force Base Airport.
(25) Effective upon the establishment of the Washington Tri-Area TCA:
Airports within a 30-nautical-mile radius of the Washington National
Airport, Andrews Air Force Base Airport, Baltimore-Washington
International Airport, and Dulles International Airport.
Authority: 49 U.S.C. app. 1301(7), 1303, 1344, 1348, 1352 through
1355, 1401, 1421 through 1431, 1471, 1472, 1502, 1510, 1522, and 2121
through 2125; articles 12, 29, 31, and 32(a) of the Convention on
International Civil Aviation (61 stat. 1180); 42 U.S.C. 4321 et seq.;
E.O. 11514, 35 FR 4247, 3 CFR, 1966-1970 Comp., p. 902; 49 U.S.C.
106(g).
(Doc. No. 26242, 55 FR 50307, Dec. 5, 1990)
Effective Date Note: By Amdt. 91-227, 56 FR 65652, Dec. 17, 1991,
Special Federal Aviation Regulation No. 62 was amended by revising
paragraph (a) of section 1 and introductory text of both paragraphs (24)
and (25) of section 2, effective September 16, 1993. For the
convenience of the user, the revised text follows.
Section 1. * * *
(a) The airspace within 30 nautical miles of a Class B airspace area
primary airport, from the surface upward to 10,000 feet MSL, excluding
the airspace designated as a Class B airspace area is referred to as the
Mode C veil.
Section 2. * * *
(24) Effective until the establishment of the Washington Tri-Area
Class B airspace area or December 30, 1993, whichever occurs first: * *
*
(25) Effective upon the establishment of the Washington Tri-Area
Class B airspace area:
* * *
14 CFR 77.75 Subpart A -- General
Source: Docket No. 18334, 54 FR 34292, Aug. 18, 1989, unless
otherwise noted.
14 CFR 91.1 Applicability.
(a) Except as provided in paragraph (b) of this section and 91.703,
this part prescribes rules governing the operation of aircraft (other
than moored balloons, kites, unmanned rockets, and unmanned free
balloons, which are governed by part 101 of this chapter, and ultralight
vehicles operated in accordance with part 103 of this chapter) within
the United States, including the waters within 3 nautical miles of the
U.S. coast.
(b) Each person operating an aircraft in the airspace overlying the
waters between 3 and 12 nautical miles from the coast of the United
States shall comply with 91.1 through 91.21; 91.101 through 91.143;
91.151 through 91.159; 91.167 through 91.193; 91.203; 91.205;
91.209 through 91.217; 91.221; 91.303 through 91.319; 91.323;
91.605; 91.609; 91.703 through 91.715; and 91.903.
14 CFR 91.3 Responsibility and authority of the pilot in command.
(a) The pilot in command of an aircraft is directly responsible for,
and is the final authority as to, the operation of that aircraft.
(b) In an in-flight emergency requiring immediate action, the pilot
in command may deviate from any rule of this part to the extent required
to meet that emergency.
(c) Each pilot in command who deviates from a rule under paragraph
(b) of this section shall, upon the request of the Administrator, send a
written report of that deviation to the Administrator.
(Approved by the Office of Management and Budget under control number
2120-0005)
14 CFR 91.5 Pilot in command of aircraft requiring more than one
required pilot.
No person may operate an aircraft that is type certificated for more
than one required pilot flight crewmember unless the pilot in command
meets the requirements of 61.58 of this chapter.
14 CFR 91.7 Civil aircraft airworthiness.
(a) No person may operate a civil aircraft unless it is in an
airworthy condition.
(b) The pilot in command of a civil aircraft is responsible for
determining whether that aircraft is in condition for safe flight. The
pilot in command shall discontinue the flight when unairworthy
mechanical, electrical, or structural conditions occur.
14 CFR 91.9 Civil aircraft flight manual, marking, and placard
requirements.
(a) Except as provided in paragraph (d) of this section, no person
may operate a civil aircraft without complying with the operating
limitations specified in the approved Airplane or Rotorcraft Flight
Manual, markings, and placards, or as otherwise prescribed by the
certificating authority of the country of registry.
(b) No person may operate a U.S.-registered civil aircraft --
(1) For which an Airplane or Rotorcraft Flight Manual is required by
21.5 of this chapter unless there is available in the aircraft a
current, approved Airplane or Rotorcraft Flight Manual or the manual
provided for in 121.141(b); and
(2) For which an Airplane or Rotorcraft Flight Manual is not required
by 21.5 of this chapter, unless there is available in the aircraft a
current approved Airplane or Rotorcraft Flight Manual, approved manual
material, markings, and placards, or any combination thereof.
(c) No person may operate a U.S.-registered civil aircraft unless
that aircraft is identified in accordance with part 45 of this chapter.
(d) Any person taking off or landing a helicopter certificated under
part 29 of this chapter at a heliport constructed over water may make
such momentary flight as is necessary for takeoff or landing through the
prohibited range of the limiting height-speed envelope established for
the helicopter if that flight through the prohibited range takes place
over water on which a safe ditching can be accomplished and if the
helicopter is amphibious or is equipped with floats or other emergency
flotation gear adequate to accomplish a safe emergency ditching on open
water.
14 CFR 91.11 Prohibition against interference with crewmembers.
No person may assault, threaten, intimidate, or interfere with a
crewmember in the performance of the crewmember's duties aboard an
aircraft being operated.
14 CFR 91.13 Careless or reckless operation.
(a) Aircraft operations for the purpose of air navigation. No person
may operate an aircraft in a careless or reckless manner so as to
endanger the life or property of another.
(b) Aircraft operations other than for the purpose of air navigation.
No person may operate an aircraft, other than for the purpose of air
navigation, on any part of the surface of an airport used by aircraft
for air commerce (including areas used by those aircraft for receiving
or discharging persons or cargo), in a careless or reckless manner so as
to endanger the life or property of another.
14 CFR 91.15 Dropping objects.
No pilot in command of a civil aircraft may allow any object to be
dropped from that aircraft in flight that creates a hazard to persons or
property. However, this section does not prohibit the dropping of any
object if reasonable precautions are taken to avoid injury or damage to
persons or property.
14 CFR 91.17 Alcohol or drugs.
(a) No person may act or attempt to act as a crewmember of a civil
aircraft --
(1) Within 8 hours after the consumption of any alcoholic beverage;
(2) While under the influence of alcohol;
(3) While using any drug that affects the person's faculties in any
way contrary to safety; or
(4) While having .04 percent by weight or more alcohol in the blood.
(b) Except in an emergency, no pilot of a civil aircraft may allow a
person who appears to be intoxicated or who demonstrates by manner or
physical indications that the individual is under the influence of drugs
(except a medical patient under proper care) to be carried in that
aircraft.
(c) A crewmember shall do the following:
(1) On request of a law enforcement officer, submit to a test to
indicate the percentage by weight of alcohol in the blood, when --
(i) The law enforcement officer is authorized under State or local
law to conduct the test or to have the test conducted; and
(ii) The law enforcement officer is requesting submission to the test
to investigate a suspected violation of State or local law governing the
same or substantially similar conduct prohibited by paragraph (a)(1),
(a)(2), or (a)(4) of this section.
(2) Whenever the Administrator has a reasonable basis to believe that
a person may have violated paragraph (a)(1), (a)(2), or (a)(4) of this
section, that person shall, upon request by the Administrator, furnish
the Administrator, or authorize any clinic, hospital, doctor, or other
person to release to the Administrator, the results of each test taken
within 4 hours after acting or attempting to act as a crewmember that
indicates percentage by weight of alcohol in the blood.
(d) Whenever the Administrator has a reasonable basis to believe that
a person may have violated paragraph (a)(3) of this section, that person
shall, upon request by the Administrator, furnish the Administrator, or
authorize any clinic, hospital, doctor, or other person to release to
the Administrator, the results of each test taken within 4 hours after
acting or attempting to act as a crewmember that indicates the presence
of any drugs in the body.
(e) Any test information obtained by the Administrator under
paragraph (c) or (d) of this section may be evaluated in determining a
person's qualifications for any airman certificate or possible
violations of this chapter and may be used as evidence in any legal
proceeding under section 602, 609, or 901 of the Federal Aviation Act of
1958.
14 CFR 91.19 Carriage of narcotic drugs, marihuana, and depressant or
stimulant drugs or substances.
(a) Except as provided in paragraph (b) of this section, no person
may operate a civil aircraft within the United States with knowledge
that narcotic drugs, marihuana, and depressant or stimulant drugs or
substances as defined in Federal or State statutes are carried in the
aircraft.
(b) Paragraph (a) of this section does not apply to any carriage of
narcotic drugs, marihuana, and depressant or stimulant drugs or
substances authorized by or under any Federal or State statute or by any
Federal or State agency.
14 CFR 91.21 Portable electronic devices.
(a) Except as provided in paragraph (b) of this section, no person
may operate, nor may any operator or pilot in command of an aircraft
allow the operation of, any portable electronic device on any of the
following U.S.-registered civil aircraft:
(1) Aircraft operated by a holder of an air carrier operating
certificate or an operating certificate; or
(2) Any other aircraft while it is operated under IFR.
(b) Paragraph (a) of this section does not apply to --
(1) Portable voice recorders;
(2) Hearing aids;
(3) Heart pacemakers;
(4) Electric shavers; or
(5) Any other portable electronic device that the operator of the
aircraft has determined will not cause interference with the navigation
or communication system of the aircraft on which it is to be used.
(c) In the case of an aircraft operated by a holder of an air carrier
operating certificate or an operating certificate, the determination
required by paragraph (b)(5) of this section shall be made by that
operator of the aircraft on which the particular device is to be used.
In the case of other aircraft, the determination may be made by the
pilot in command or other operator of the aircraft.
14 CFR 91.23 Truth-in-leasing clause requirement in leases and
conditional sales contracts.
(a) Except as provided in paragraph (b) of this section, the parties
to a lease or contract of conditional sale involving a U.S.-registered
large civil aircraft and entered into after January 2, 1973, shall
execute a written lease or contract and include therein a written
truth-in-leasing clause as a concluding paragraph in large print,
immediately preceding the space for the signature of the parties, which
contains the following with respect to each such aircraft:
(1) Identification of the Federal Aviation Regulations under which
the aircraft has been maintained and inspected during the 12 months
preceding the execution of the lease or contract of conditional sale,
and certification by the parties thereto regarding the aircraft's status
of compliance with applicable maintenance and inspection requirements in
this part for the operation to be conducted under the lease or contract
of conditional sale.
(2) The name and address (printed or typed) and the signature of the
person responsible for operational control of the aircraft under the
lease or contract of conditional sale, and certification that each
person understands that person's responsibilities for compliance with
applicable Federal Aviation Regulations.
(3) A statement that an explanation of factors bearing on operational
control and pertinent Federal Aviation Regulations can be obtained from
the nearest FAA Flight Standards district office.
(b) The requirements of paragraph (a) of this section do not apply --
(1) To a lease or contract of conditional sale when --
(i) The party to whom the aircraft is furnished is a foreign air
carrier or certificate holder under part 121, 125, 127, 135, or 141 of
this chapter, or
(ii) The party furnishing the aircraft is a foreign air carrier,
certificate holder under part 121, 125, 127, or 141 of this chapter, or
a certificate holder under part 135 of this chapter having appropriate
authority to engage in air taxi operations with large aircraft.
(2) To a contract of conditional sale, when the aircraft involved has
not been registered anywhere prior to the execution of the contract,
except as a new aircraft under a dealer's aircraft registration
certificate issued in accordance with 47.61 of this chapter.
(c) No person may operate a large civil aircraft of U.S. registry
that is subject to a lease or contract of conditional sale to which
paragraph (a) of this section applies, unless --
(1) The lessee or conditional buyer, or the registered owner if the
lessee is not a citizen of the United States, has mailed a copy of the
lease or contract that complies with the requirements of paragraph (a)
of this section, within 24 hours of its execution, to the Aircraft
Registration Branch, Attn: Technical Section, P.O. Box 25724, Oklahoma
City, OK 73125;
(2) A copy of the lease or contract that complies with the
requirements of paragraph (a) of this section is carried in the
aircraft. The copy of the lease or contract shall be made available for
review upon request by the Administrator, and
(3) The lessee or conditional buyer, or the registered owner if the
lessee is not a citizen of the United States, has notified by telephone
or in person the FAA Flight Standards district office nearest the
airport where the flight will originate. Unless otherwise authorized by
that office, the notification shall be given at least 48 hours before
takeoff in the case of the first flight of that aircraft under that
lease or contract and inform the FAA of --
(i) The location of the airport of departure;
(ii) The departure time; and
(iii) The registration number of the aircraft involved.
(d) The copy of the lease or contract furnished to the FAA under
paragraph (c) of this section is commercial or financial information
obtained from a person. It is, therefore, privileged and confidential
and will not be made available by the FAA for public inspection or
copying under 5 U.S.C. 552(b)(4) unless recorded with the FAA under part
49 of this chapter.
(e) For the purpose of this section, a lease means any agreement by a
person to furnish an aircraft to another person for compensation or
hire, whether with or without flight crewmembers, other than an
agreement for the sale of an aircraft and a contract of conditional sale
under section 101 of the Federal Aviation Act of 1958. The person
furnishing the aircraft is referred to as the lessor, and the person to
whom it is furnished the lessee.
(Approved by the Office of Management and Budget under control number
2120-0005)
(Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as amended by Amdt.
91-212, 54 FR 39293, Sept. 25, 1989)
14 CFR 91.25 Aviation Safety Reporting Program: Prohibition against
use of reports for enforcement purposes.
The Administrator of the FAA will not use reports submitted to the
National Aeronautics and Space Administration under the Aviation Safety
Reporting Program (or information derived therefrom) in any enforcement
action except information concerning accidents or criminal offenses
which are wholly excluded from the Program.
91.27 -- 91.99 (Reserved)
14 CFR 91.25 Subpart B -- Flight Rules
Source: Docket No. 18334, 54 FR 34294, Aug. 18, 1989, unless
otherwise noted.
14 CFR 91.25 General
14 CFR 91.101 Applicability.
This subpart prescribes flight rules governing the operation of
aircraft within the United States and within 12 nautical miles from the
coast of the United States.
14 CFR 91.103 Preflight action.
Each pilot in command shall, before beginning a flight, become
familiar with all available information concerning that flight. This
information must include --
(a) For a flight under IFR or a flight not in the vicinity of an
airport, weather reports and forecasts, fuel requirements, alternatives
available if the planned flight cannot be completed, and any known
traffic delays of which the pilot in command has been advised by ATC;
(b) For any flight, runway lengths at airports of intended use, and
the following takeoff and landing distance information:
(1) For civil aircraft for which an approved Airplane or Rotorcraft
Flight Manual containing takeoff and landing distance data is required,
the takeoff and landing distance data contained therein; and
(2) For civil aircraft other than those specified in paragraph (b)(1)
of this section, other reliable information appropriate to the aircraft,
relating to aircraft performance under expected values of airport
elevation and runway slope, aircraft gross weight, and wind and
temperature.
14 CFR 91.105 Flight crewmembers at stations.
(a) During takeoff and landing, and while en route, each required
flight crewmember shall --
(1) Be at the crewmember station unless the absence is necessary to
perform duties in connection with the operation of the aircraft or in
connection with physiological needs; and
(2) Keep the safety belt fastened while at the crewmember station.
(b) Each required flight crewmember of a U.S.-registered civil
airplane shall, during takeoff and landing, keep the shoulder harness
fastened while at the crewmember station. This paragraph does not apply
if --
(1) The seat at the crewmember's station is not equipped with a
shoulder harness; or
(2) The crewmember would be unable to perform required duties with
the shoulder harness fastened.
14 CFR 91.107 Use of safety belts.
(a) No pilot may take off a U.S.-registered civil aircraft (except an
airship or free balloon that incorporates a basket or gondola) unless
the pilot in command of that aircraft ensures that each person on board
is briefed on how to fasten and unfasten that person's safety belt and
shoulder harness, if installed. The pilot in command shall ensure that
all persons on board have been notified to fasten their safety belt and
shoulder harness, if installed, before takeoff or landing.
(b) During the takeoff and landing of a U.S.-registered civil
aircraft (except an airship or a free balloon that incorporates a basket
or gondola) each person on board that aircraft must occupy an approved
seat or berth with a safety belt and shoulder harness, if installed,
properly secured about that person. However, a person who has not
reached the second birthday may be held by an adult who is occupying an
approved seat or berth, and a person on board for the purpose of
engaging in sport parachuting may use the floor of the aircraft as a
seat.
(c) This section does not apply to operations conducted under part
121, 125, 127, or 135 of this chapter. Paragraph (b) of this section
does not apply to persons subject to 91.105.
14 CFR 91.109 Flight instruction; Simulated instrument flight and
certain flight tests.
(a) No person may operate a civil aircraft (except a manned free
balloon) that is being used for flight instruction unless that aircraft
has fully functioning dual controls. However, instrument flight
instruction may be given in a single-engine airplane equipped with a
single, functioning throwover control wheel in place of fixed, dual
controls of the elevator and ailerons when --
(1) The instructor has determined that the flight can be conducted
safely; and
(2) The person manipulating the controls has at least a private pilot
certificate with appropriate category and class ratings.
(b) No person may operate a civil aircraft in simulated instrument
flight unless --
(1) The other control seat is occupied by a safety pilot who
possesses at least a private pilot certificate with category and class
ratings appropriate to the aircraft being flown.
(2) The safety pilot has adequate vision forward and to each side of
the aircraft, or a competent observer in the aircraft adequately
supplements the vision of the safety pilot; and
(3) Except in the case of lighter-than-air aircraft, that aircraft is
equipped with fully functioning dual controls. However, simulated
instrument flight may be conducted in a single-engine airplane, equipped
with a single, functioning, throwover control wheel, in place of fixed,
dual controls of the elevator and ailerons, when --
(i) The safety pilot has determined that the flight can be conducted
safely; and
(ii) The person manipulating the controls has at least a private
pilot certificate with appropriate category and class ratings.
(c) No person may operate a civil aircraft that is being used for a
flight test for an airline transport pilot certificate or a class or
type rating on that certificate, or for a part 121 proficiency flight
test, unless the pilot seated at the controls, other than the pilot
being checked, is fully qualified to act as pilot in command of the
aircraft.
14 CFR 91.111 Operating near other aircraft.
(a) No person may operate an aircraft so close to another aircraft as
to create a collision hazard.
(b) No person may operate an aircraft in formation flight except by
arrangement with the pilot in command of each aircraft in the formation.
(c) No person may operate an aircraft, carrying passengers for hire,
in formation flight.
14 CFR 91.113 Right-of-way rules: Except water operations.
(a) Inapplicability. This section does not apply to the operation of
an aircraft on water.
(b) General. When weather conditions permit, regardless of whether
an operation is conducted under instrument flight rules or visual flight
rules, vigilance shall be maintained by each person operating an
aircraft so as to see and avoid other aircraft. When a rule of this
section gives another aircraft the right-of-way, the pilot shall give
way to that aircraft and may not pass over, under, or ahead of it unless
well clear.
(c) In distress. An aircraft in distress has the right-of-way over
all other air traffic.
(d) Converging. When aircraft of the same category are converging at
approximately the same altitude (except head-on, or nearly so), the
aircraft to the other's right has the right-of-way. If the aircraft are
of different categories --
(1) A balloon has the right-of-way over any other category of
aircraft;
(2) A glider has the right-of-way over an airship, airplane, or
rotorcraft; and
(3) An airship has the right-of-way over an airplane or rotorcraft.
However, an aircraft towing or refueling other aircraft has the
right-of-way over all other engine-driven aircraft.
(e) Approaching head-on. When aircraft are approaching each other
head-on, or nearly so, each pilot of each aircraft shall alter course to
the right.
(f) Overtaking. Each aircraft that is being overtaken has the
right-of-way and each pilot of an overtaking aircraft shall alter course
to the right to pass well clear.
(g) Landing. Aircraft, while on final approach to land or while
landing, have the right-of-way over other aircraft in flight or
operating on the surface, except that they shall not take advantage of
this rule to force an aircraft off the runway surface which has already
landed and is attempting to make way for an aircraft on final approach.
When two or more aircraft are approaching an airport for the purpose of
landing, the aircraft at the lower altitude has the right-of-way, but it
shall not take advantage of this rule to cut in front of another which
is on final approach to land or to overtake that aircraft.
14 CFR 91.115 Right-of-way rules: Water operations.
(a) General. Each person operating an aircraft on the water shall,
insofar as possible, keep clear of all vessels and avoid impeding their
navigation, and shall give way to any vessel or other aircraft that is
given the right-of-way by any rule of this section.
(b) Crossing. When aircraft, or an aircraft and a vessel, are on
crossing courses, the aircraft or vessel to the other's right has the
right-of-way.
(c) Approaching head-on. When aircraft, or an aircraft and a vessel,
are approaching head-on, or nearly so, each shall alter its course to
the right to keep well clear.
(d) Overtaking. Each aircraft or vessel that is being overtaken has
the right-of-way, and the one overtaking shall alter course to keep well
clear.
(e) Special circumstances. When aircraft, or an aircraft and a
vessel, approach so as to involve risk of collision, each aircraft or
vessel shall proceed with careful regard to existing circumstances,
including the limitations of the respective craft.
14 CFR 91.117 Aircraft speed.
(a) Unless otherwise authorized by the Administrator, no person may
operate an aircraft below 10,000 feet MSL at an indicated airspeed of
more that 250 knots (288 m.p.h.).
(b) Unless otherwise authorized or required by ATC, no person may
operate an aircraft within an airport traffic area at an indicated
airspeed of more than 200 knots (230 m.p.h.). This paragraph (b) does
not apply to any operations within a terminal control area. Such
operations shall comply with paragraph (a) of this section.
(c) No person may operate an aircraft in the airspace underlying a
terminal control area, or in a VFR corridor designated through a
terminal control area, at an indicated airspeed of more than 200 knots
(230 m.p.h.).
(d) If the minimum safe airspeed for any particular operation is
greater than the maximum speed prescribed in this section, the aircraft
may be operated at that minimum speed.
(Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as amended by Amdt.
91-219, 55 FR 34708, Aug. 24, 1990; Amdt. 91-227, 56 FR 65657, Dec.
17, 1991)
Effective Date Note: By Amdt. 91-227, 56 FR 65657, Dec. 17, 1991,
91.117 was amended by revising paragraphs (a), (b), and (c), effective
September 16, 1993. For the convenience of the user, the revised text
follows.
91.117 Aircraft speed.
(a) Unless otherwise authorized by the Administrator (or by ATC in
the case of operations in Class A or Class B airspace), no person may
operate an aircraft below 10,000 feet MSL at an indicated airspeed of
more than 250 knots (288 mph).
(b) Unless otherwise authorized or required by ATC, no person may
operate an aircraft at or below 2,500 feet above the surface within 4
nautical miles of the primary airport of a Class B, Class C, or Class D
airspace area at an indicated airspeed of more than 200 knots (230
mph.).
(c) No person may operate an aircraft in the airspace underlying a
Class B airspace area designated for an airport or in a VFR corridor
designated through such a Class B airspace area, at an indicated
airspeed of more than 200 knots (230 mph).
14 CFR 91.119 Minimum safe altitudes: General.
Except when necessary for takeoff or landing, no person may operate
an aircraft below the following altitudes:
(a) Anywhere. An altitude allowing, if a power unit fails, an
emergency landing without undue hazard to persons or property on the
surface.
(b) Over congested areas. Over any congested area of a city, town,
or settlement, or over any open air assembly of persons, an altitude of
1,000 feet above the highest obstacle within a horizontal radius of
2,000 feet of the aircraft.
(c) Over other than congested areas. An altitude of 500 feet above
the surface, except over open water or sparsely populated areas. In
those cases, the aircraft may not be operated closer than 500 feet to
any person, vessel, vehicle, or structure.
(d) Helicopters. Helicopters may be operated at less than the
minimums prescribed in paragraph (b) or (c) of this section if the
operation is conducted without hazard to persons or property on the
surface. In addition, each person operating a helicopter shall comply
with any routes or altitudes specifically prescribed for helicopters by
the Administrator.
14 CFR 91.121 Altimeter settings.
(a) Each person operating an aircraft shall maintain the cruising
altitude or flight level of that aircraft, as the case may be, by
reference to an altimeter that is set, when operating --
(1) Below 18,000 feet MSL, to --
(i) The current reported altimeter setting of a station along the
route and within 100 nautical miles of the aircraft;
(ii) If there is no station within the area prescribed in paragraph
(a)(1)(i) of this section, the current reported altimeter setting of an
appropriate available station; or
(iii) In the case of an aircraft not equipped with a radio, the
elevation of the departure airport or an appropriate altimeter setting
available before departure; or
(2) At or above 18,000 feet MSL, to 29.92'' Hg.
(b) The lowest usable flight level is determined by the atmospheric
pressure in the area of operation as shown in the following table:
(c) To convert minimum altitude prescribed under 91.119 and 91.177
to the minimum flight level, the pilot shall take the flight level
equivalent of the minimum altitude in feet and add the appropriate
number of feet specified below, according to the current reported
altimeter setting:
14 CFR 91.123 Compliance with ATC clearances and instructions.
(a) When an ATC clearance has been obtained, no pilot in command may
deviate from that clearance, except in an emergency, unless an amended
clearance is obtained. A pilot in command may cancel an IFR flight plan
if that pilot is operating in VFR weather conditions outside of positive
controlled airspace. If a pilot is uncertain of the meaning of an ATC
clearance, the pilot shall immediately request clarification from ATC.
(b) Except in an emergency, no person may operate an aircraft
contrary to an ATC instruction in an area in which air traffic control
is exercised.
(c) Each pilot in command who, in an emergency, deviates from an ATC
clearance or instruction shall notify ATC of that deviation as soon as
possible.
(d) Each pilot in command who (though not deviating from a rule of
this subpart) is given priority by ATC in an emergency, shall submit a
detailed report of that emergency within 48 hours to the manager of that
ATC facility, if requested by ATC.
(e) Unless otherwise authorized by ATC, no person operating an
aircraft may operate that aircraft according to any clearance or
instruction that has been issued to the pilot of another aircraft for
radar air traffic control purposes.
(Approved by the Office of Management and Budget under control number
2120-0005)
(Doc. No. 18834, 54 FR 34294, Aug. 18, 1989, as amended by Amdt.
91-227, 56 FR 65658, Dec. 17, 1991)
Effective Date Note: By Amdt. 91-227, 56 FR 65658, Dec. 17, 1991,
91.123 was amended by revising paragraph, effective September 16, 1993.
For the convenience of the user, the revised text follows.
91.123 Compliance with ATC clearances and instructions.
(a) When an ATC clearance has been obtained, a pilot in command may
not deviate from that clearance, except in an emergency, unless that
pilot obtains an amended clearance. However, except in Class A
airspace, this paragraph does not prohibit that pilot from canceling an
IFR flight plan if the operation is being conducted in VFR weather
conditions. When a pilot is uncertain of an ATC clearance, that pilot
must immediately request clarification from ATC.
14 CFR 91.125 ATC light signals.
ATC light signals have the meaning shown in the following table:
Effective Date Note: By 91-227, 56 FR 65657, Dec. 17, 1991, 91.126
was added, effective September 16, 1993.
91.126 Operating on or in the vicinity of an airport in Class G
airspace.
(a) General. Unless otherwise authorized or required, each person
operating an aircraft on or in the vicinity of an airport in a Class G
airspace area must comply with the requirements of this section.
(b) Direction of turns. When approaching to land at an airport in a
Class G airspace area --
(1) Each pilot of an airplane must make all turns of that airplane to
the left unless the airport displays approved light signals or visual
markings indicating that turns should be made to the right, in which
case the pilot must make all turns to the right; and
(2) Each pilot of a helicopter must avoid the flow of fixed-wing
aircraft.
(c) Flap settings. Except when necessary for training or
certification, the pilot in command of a civil turbojet-powered aircraft
must use, as a final flap setting, the minimum certificated landing flap
setting set forth in the approved performance information in the
Airplane Flight Manual for the applicable conditions. However, each
pilot in command has the final authority and responsibility for the safe
operation of the pilot's airplane, and may use a different flap setting
for that airplane if the pilot determines that it is necessary in the
interest of safety.
(Doc. No. 24458, 56 FR 65658, Dec. 17, 1991)
14 CFR 91.127 Operating on or in the vicinity of an airport: General
rules.
(a) Unless otherwise required by part 93 of this chapter, each person
operating an aircraft on or in the vicinity of an airport shall comply
with the requirements of this section and, if applicable, of 91.129.
(b) Each person operating an aircraft to or from an airport without
an operating control tower shall --
(1) In the case of an airplane approaching to land, make all turns of
that airplane to the left unless the airport displays approved light
signals or visual markings indicating that turns should be made to the
right, in which case the pilot shall make all turns to the right;
(2) In the case of a helicopter approaching to land, avoid the flow
of fixed-wing aircraft; and
(3) In the case of an aircraft departing the airport, comply with any
traffic patterns established for that airport in part 93.
(c) Unless otherwise authorized or required by ATC, no person may
operate an aircraft within an airport traffic area except for the
purpose of landing at, or taking off from, an airport within that area.
ATC authorization may be given as individual approval of specific
operations or may be contained in written agreements between airport
users and the tower concerned.
(d) Except when necessary for training or certification, the pilot in
command of a civil turbojet-powered airplane shall use, as a final
landing flap setting, the minimum certificated landing flap setting set
forth in the approved performance information in the airplane flight
manual for the applicable conditions. However, each pilot in command
has the final authority and responsibility for the safe operation of the
airplane and may use a different flap setting approved for that airplane
if it is necessary in the interest of safety.
Effective Date Note: By Amdt. 91-14, 56 FR 65658, Dec. 17, 1991,
91.127 was revised, effective September 16, 1993. For the convenience
of the user the revised text follows.
91.127 Operating on or in the vicinity of an airport in Class E
airspace.
(a) Unless otherwise required by part 93 of this chapter or unless
otherwise authorized or required by the ATC facility having jurisdiction
over the Class E airspace area, each person operating an aircraft on or
in the vicinity of an airport in a Class E airspace area must comply
with the requirements of 91.126.
(b) Departures. Each pilot of an aircraft must comply with any
traffic patterns established for that airport in part 93 of this
chapter.
(Doc. No. 24458, 56 FR 65658, Dec. 17, 1991)
14 CFR 91.129 Operation at airports with operating control towers.
(a) General. Unless otherwise authorized or required by ATC, each
person operating an aircraft to, from, or on an airport with an
operating control tower shall comply with the applicable provisions of
this section.
(b) Communications with control towers operated by the United States.
No person may, within an airport traffic area, operate an aircraft to,
from, or on an airport having a control tower operated by the United
States unless two-way radio communications are maintained between that
aircraft and the control tower. However, if the aircraft radio fails in
flight, the pilot in command may operate that aircraft and land if
weather conditions are at or above basic VFR weather minimums, visual
contact with the tower is maintained, and a clearance to land is
received. If the aircraft radio fails while in flight under IFR, the
pilot must comply with 91.185.
(c) Communications with other control towers. No person may, within
an airport traffic area, operate an aircraft to, from, or on an airport
having a control tower that is operated by any person other than the
United States unless --
(1) If that aircraft's radio equipment so allows, two-way radio
communications are maintained between the aircraft and the tower; or
(2) If that aircraft's radio equipment allows only reception from the
tower, the pilot has the tower's frequency monitored.
(d) Minimum altitudes. When operating to an airport with an
operating control tower, each pilot of --
(1) A turbine-powered airplane or a large airplane shall, unless
otherwise required by the applicable distance from cloud criteria, enter
the airport traffic area at an altitude of at least 1,500 feet above the
surface of the airport and maintain an altitude of at least 1,500 feet
within the airport traffic area, including the traffic pattern, until
further descent is required for a safe landing;
(2) A turbine-powered airplane or a large airplane approaching to
land on a runway being served by an ILS, if the airplane is ILS
equipped, shall fly that airplane at an altitude at or above the glide
slope between the outer marker (or the point of interception with the
glide slope, if compliance with the applicable distance from clouds
criteria requires interception closer in) and the middle marker; and
(3) An airplane approaching to land on a runway served by a visual
approach slope indicator shall maintain an altitude at or above the
glide slope until a lower altitude is necessary for a safe landing.
However, paragraphs (d) (2) and (3) of this section do not prohibit
normal bracketing maneuvers above or below the glide slope that are
conducted for the purpose of remaining on the glide slope.
(e) Approaches. When approaching to land at an airport with an
operating control tower, each pilot of --
(1) An airplane shall circle the airport to the left; and
(2) A helicopter shall avoid the flow of fixed-wing aircraft.
(f) Departures. No person may operate an aircraft taking off from an
airport with an operating control tower except in compliance with the
following:
(1) Each pilot shall comply with any departure procedures established
for that airport by the FAA.
(2) Unless otherwise required by the departure procedure or the
applicable distance from clouds criteria, each pilot of a
turbine-powered airplane and each pilot of a large airplane shall climb
to an altitude of 1,500 feet above the surface as rapidly as
practicable.
(g) Noise abatement runway system. When landing or taking off from
an airport with an operating control tower and for which a formal runway
use program has been established by the FAA, each pilot of a
turbine-powered airplane and each pilot of a large airplane assigned a
noise abatement runway by ATC shall use that runway. However,
consistent with the final authority of the pilot in command concerning
the safe operation of the aircraft as prescribed in 91.3(a), ATC may
assign a different runway if requested by the pilot in the interest of
safety.
(h) Clearances required. No person may, at an airport with an
operating control tower, operate an aircraft on a runway or taxiway, or
take off or land an aircraft, unless an appropriate clearance is
received from ATC. A clearance to ''taxi to'' the takeoff runway
assigned to the aircraft is not a clearance to cross that assigned
takeoff runway or to taxi on that runway at any point, but is a
clearance to cross other runways that intersect the taxi route to that
assigned takeoff runway. A clearance to ''taxi to'' any point other
than an assigned takeoff runway is a clearance to cross all runways that
intersect the taxi route to that point.
Effective Date Note: By Amdt. 91-227, 56 FR 65658, Dec. 17, 1991,
91.127 was revised, effective September 16, 1993. For the convenience
of the user, the revised text follows.
91.129 Operations in Class D airspace.
(a) General. Unless otherwise authorized or required by the ATC
facility having jurisdiction over the Class D airspace area, each person
operating an aircraft in Class D airspace must comply with the
applicable provisions of this section. In addition, each person must
comply with 91.126 and 91.127. For the purpose of this section, the
primary airport is the airport for which the Class D airspace area is
designated. A satellite airport is any other airport within the Class D
airspace area.
(b) Deviations. An operator may deviate from any provision of this
section under the provisions of an ATC authorization issued by the ATC
facility having jurisdiction over the airspace concerned. ATC may
authorize a deviation on a continuing basis or for an individual flight,
as appropriate.
(c) Communications. Each person operating an aircraft in Class D
airspace must meet the following two-way radio communications
requirements:
(1) Arrival or through flight. Each person must establish two-way
radio communications with the ATC facility (including foreign ATC in the
case of foreign airspace designated in the United States) providing air
traffic services prior to entering that airspace and thereafter maintain
those communications while within that airspace.
(2) Departing flight. Each person --
(i) From the primary airport or satellite airport with an operating
control tower must establish and maintain two-way radio communications
with the control tower, and thereafter as instructed by ATC while
operating in the Class D airspace area; or
(ii) From a satellite airport without an operating control tower,
must establish and maintain two-way radio communications with the ATC
facility having jurisdiction over the Class D airspace area as soon as
practicable after departing.
(d) Communications failure. Each person who operates an aircraft in
a Class D airspace area must maintain two-way radio communications with
the ATC facility having jurisdiction over that area.
(1) If the aircraft radio fails in flight under IFR, the pilot must
comply with 91.185 of the part.
(2) If the aircraft radio fails in flight under VFR, the pilot in
command may operate that aircraft and land if --
(i) Weather conditions are at or above basic VFR weather minimums;
(ii) Visual contact with the tower is maintained; and
(iii) A clearance to land is received.
(e) Minimum altitudes. Each pilot of a large or turbine-powered
airplane must --
(1) Unless otherwise required by the applicable distance from cloud
criteria, enter the traffic pattern at an altitude of at least 1,500
feet above the elevation of the airport and maintain at least 1,500 feet
until further descent is required for a safe landing;
(2) When approaching to land on a runway served by an instrument
landing system (ILS), if the airplane is ILS-equipped, fly that airplane
at an altitude at or above the glide slope between the outer marker (or
point of interception of glide slope, if compliance with the applicable
distance from clouds criteria requires interception closer in) and the
middle marker; and
(3) When operating an airplane approaching to land on a runway served
by a visual approach slope indicator, maintain an altitude at or above
the glide slope until a lower altitude is necessary for safe landing.
Paragraphs (e)(2) and (e)(3) of this section do not prohibit normal
bracketing maneuvers above or below the glide slope that are conducted
for the purpose of remaining on the glide slope.
(f) Approaches. Except when conducting a circling approach under
Part 97 of this chapter or unless otherwise required by ATC, each pilot
must --
(1) Circle the airport to the left, if operating an airplane; or
(2) Avoid the flow of fixed-wing aircraft, if operating a helicopter.
(g) Departures. No person may operate an aircraft departing from an
airport except in compliance with the following:
(1) Each pilot must comply with any departure procedures established
for that airport by the FAA.
(2) Unless otherwise required by the prescribed departure procedure
for that airport or the applicable distance from clouds criteria, each
pilot of a turbine-powered airplane and each pilot of a large airplane
must climb to an altitude of 1,500 feet above the surface as rapidly as
practicable.
(h) Noise abatement. Where a formal runway use program has been
established by the FAA, each pilot of a large or turbine-powered
airplane assigned a noise abatement runway by ATC must use that runway.
However, consistent with the final authority of the pilot in command
concerning the safe operation of the aircraft as prescribed in 91.3(a),
ATC may assign a different runway if requested by the pilot in the
interest of safety.
(i) Takeoff, landing, taxi clearance. No person may, at any airport
with an operating control tower, operate an aircraft on a runway or
taxiway, or take off or land an aircraft, unless an appropriate
clearance is received from ATC. A clearance to ''taxi to'' the takeoff
runway assigned to the aircraft is not a clearance to cross that
assigned takeoff runway, or to taxi on that runway at any point, but is
a clearance to cross other runways that intersect the taxi route to that
assigned takeoff runway. A clearance to ''taxi to'' any point other
than an assigned takeoff runway is clearance to cross all runways that
intersect the taxi route to that point.
(Doc. No. 24458, 56 FR 65658, Dec. 17, 1991)
14 CFR 91.130 Airport radar service areas.
(a) General. For the purposes of this section, the primary airport
is the airport designated in part 71, subpart L, for which the airport
radar service area is designated. A satellite airport is any other
airport within the airport radar service area.
(b) Deviations. An operator may deviate from any provision of this
section under the provisions of an ATC authorization issued by the ATC
facility having jurisdiction of the airport radar service area. ATC may
authorize a deviation on a continuing basis or for an individual flight,
as appropriate.
(c) Arrivals and overflights. No person may operate an aircraft in
an airport radar service area unless two-way radio communication is
established with the ATC facility having jurisdiction over the airport
radar service area prior to entering that area and is thereafter
maintained with the ATC facility having jurisdiction over the airport
radar service area while within that area.
(d) Departures. No person may operate an aircraft within an airport
radar service area except as follows:
(1) From the primary airport or satellite airport with an operating
control tower, unless two-way radio communication is established and
maintained with the control tower in accordance with 91.87 of this
part, and thereafter as instructed by ATC while operating in the airport
radar service area.
(2) From a satellite airport without an operating control tower,
unless two-way radio communication is established as soon as practicable
after departing and thereafter maintained with the ATC facility having
jurisdiction over the airport radar service area.
(e) Traffic patterns. No person may take off or land an aircraft at
a satellite airport within an airport radar service area except in
compliance with FAA arrival and departure traffic patterns.
(f) Equipment requirement. Unless otherwise authorized by the ATC
facility having jurisdiction over the airport radar service area, no
person may operate an aircraft within an airport radar service area
unless that aircraft is equipped with the applicable equipment specified
in 91.215.
(Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as amended by Amdt.
91-215, 55 FR 17737, Apr. 26, 1990)
Effective Date Note: By Amdt. 91-227, 56 FR 65659, Dec. 17, 1991,
91.130 was revised, effective September 16, 1993. For the convenience
of the user, the revised text follows.
91.130 Operations in Class C airspace.
(a) General. Each aircraft operation in Class C airspace must be
conducted in compliance with this section and 91.129. For the purpose
of this section, the primary airport is the airport for which the Class
C airspace area is designated. A satellite airport is any other airport
within the Class C airspace area.
(b) Traffic patterns. No person may take off or land an aircraft at
a satellite airport within a Class C airspace area except in compliance
with FAA arrival and departure traffic patterns.
(c) Communications. Each person operating an aircraft in Class C
airspace must meet the following two-way radio communications
requirements:
(1) Arrival or through flight. Each person must establish two-way
radio communications with the ATC facility (including foreign ATC in the
case of foreign airspace designated in the United States) providing air
traffic services prior to entering that airspace and thereafter maintain
those communications while within that airspace.
(2) Departing flight. Each person --
(i) From the primary airport or satellite airport with an operating
control tower must establish and maintain two-way radio communications
with the control tower, and thereafter as instructed by ATC while
operating in the Class C airspace area; or
(ii) From a satellite airport without an operating control tower,
must establish and maintain two-way radio communications with the ATC
facility having jurisdiction over the Class C airspace area as soon as
practicable after departing.
(d) Equipment requirements. Unless otherwise authorized by the ATC
having jurisdiction over the Class C airspace area, no person may
operate an aircraft within a Class C airspace area designated for an
airport unless that aircraft is equipped with the applicable equipment
specified in 91.215.
(Doc. No. 24458, 56 FR 65659, Dec. 17, 1991)
14 CFR 91.131 Terminal control areas.
(a) Operating rules. No person may operate an aircraft within a
terminal control area designated in part 71 of this chapter except in
compliance with the following rules:
(1) No person may operate an aircraft within a terminal control area
unless that person has received an appropriate authorization from ATC
prior to operation of that aircraft in that area.
(2) Unless otherwise authorized by ATC, each person operating a large
turbine engine-powered airplane to or from a primary airport shall
operate at or above the designated floors while within the lateral
limits of the terminal control area.
(3) Any person conducting pilot training operations at an airport
within a terminal control area shall comply with any procedures
established by ATC for such operations in terminal control area.
(b) Pilot requirements. (1) No person may takeoff or land a civil
aircraft at an airport within a terminal control area or operate a civil
aircraft within a terminal control area unless:
(i) The pilot in command holds at least a private pilot certificate;
or,
(ii) The aircraft is operated by a student pilot who has met the
requirements of 61.95.
(2) Notwithstanding the provisions of paragraph (b)(1)(ii) of this
section, at the following TCA primary airports, no person may takeoff or
land a civil aircraft unless the pilot in command holds at least a
private pilot certificate:
(i) Atlanta Hartsfield Airport, GA.
(ii) Boston Logan Airport, MA.
(iii) Chicago O'Hare International Airport, IL.
(iv) Dallas/Fort Worth International Airport, TX.
(v) Los Angeles International Airport, CA.
(vi) Miami International Airport, FL.
(vii) Newark International Airport, NJ.
(viii) New York Kennedy Airport, NY.
(ix) New York La Guardia Airport, NY.
(x) San Francisco International Airport, CA.
(xi) Washington National Airport, DC.
(xii) Andrews Air Force Base, MD.
(c) Communications and navigation equipment requirements. Unless
otherwise authorized by ATC, no person may operate an aircraft within a
terminal control area unless that aircraft is equipped with --
(1) For IFR operations. An operable VOR or TACAN receiver; and
(2) For all operations. An operable two-way radio capable of
communications with ATC on appropriate frequencies for that terminal
control area.
(d) Transponder requirement. No person may operate an aircraft in a
terminal control area unless the aircraft is equipped with the
applicable operating transponder and automatic altitude reporting
equipment specified in paragraph (a) of 91.215, except as provided in
paragraph (d) of that section.
(Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as amended by Amdt.
91-216, 55 FR 24825, June 18, 1990)
Effective Date Note: By Amdt. 91-227, 56 FR 65659, Dec. 17, 1991,
91.117 was amended by revising paragraphs (a), (b), and (c), effective
September 16, 1993. For the convenience of the user, the revised text
follows.
91.131 Operations in Class B airspace.
(a) Operating rules. No person may operate an aircraft within a
Class B airspace area except in compliance with 91.129 and the
following rules:
(1) The operator must receive an ATC clearance from the ATC facility
having jurisdiction for that area before operating an aircraft in that
area.
(2) Unless otherwise authorized by ATC, each person operating a large
turbine engine-powered airplane to or from a primary airport for which a
Class B airspace area is designated must operate at or above the
designated floors of the Class B airspace area while within the lateral
limits of that area.
(3) Any person conducting pilot training operations at an airport
within a Class B airspace area must comply with any procedures
established by ATC for such operations in that area.
(b) Pilot requirements. (1) No person may take off or land a civil
aircraft at an airport within a Class B airspace area or operate a civil
aircraft within a Class B airspace area unless --
(i) The pilot in command holds at least a private pilot certificate;
or
(ii) The aircraft is operated by a student pilot or recreational
pilot who seeks private pilot certification and has met the requirements
of 61.95 of this chapter.
(2) Notwithstanding the provisions of paragraph (b)(1)(ii) of this
section, no person may take off or land a civil aircraft at those
airports listed in section 4 of appendix D of this part unless the pilot
in command holds at least a private pilot certificate.
(c) Communications and navigation equipment requirements. Unless
otherwise authorized by ATC, no person may operate an aircraft within a
Class B airspace area unless that aircraft is equipped with --
(1) For IFR operation. An operable VOR or TACAN receiver; and
(2) For all operations. An operable two-way radio capable of
communications with ATC on appropriate frequencies for that Class B
airspace area.
(d) Transponder requirements. No person may operate an aircraft in a
Class B airspace area unless the aircraft is equipped with the
applicable operating transponder and automatic altitude reporting
equipment specified in paragraph (a) of 91.215, except as provided in
paragraph (d) of that section.
(Doc. No. 24458, 56 FR 65658, Dec. 17, 1991)
14 CFR 91.133 Restricted and prohibited areas.
(a) No person may operate an aircraft within a restricted area
(designated in part 73) contrary to the restrictions imposed, or within
a prohibited area, unless that person has the permission of the using or
controlling agency, as appropriate.
(b) Each person conducting, within a restricted area, an aircraft
operation (approved by the using agency) that creates the same hazards
as the operations for which the restricted area was designated may
deviate from the rules of this subpart that are not compatible with the
operation of the aircraft.
14 CFR 91.135 Positive control areas and route segments.
(a) Except as provided in paragraph (b) of this section, no person
may operate an aircraft within a positive control area or positive
control route segment designated in part 71 of this chapter unless the
aircraft is --
(1) Operated under IFR at a specific flight level assigned by ATC;
(2) Equipped with instruments and equipment required for IFR
operations;
(3) Flown by a pilot rated for instrument flight; and
(4) Equipped, when in a positive control area, with --
(i) The applicable equipment specified in 91.215; and
(ii) A radio providing direct pilot/controller communication on the
frequency specified by ATC for the area concerned.
(b) ATC may authorize deviations from the requirements of paragraph
(a) of this section. In the case of an inoperative transponder, ATC may
immediately approve an operation within a positive control area allowing
flight to continue, if desired, to the airport of ultimate destination,
including any intermediate stops, or to proceed to a place where
suitable repairs can be made, or both. A request for authorization to
deviate from a requirement of paragraph (a) of this section, other than
for operation with an inoperative transponder as outlined above, must be
submitted at least 48 hours before the proposed operation to the ATC
center having jurisdiction over the positive control area concerned.
ATC may authorize deviation on a continuing basis or for an individual
flight, as appropriate.
(Approved by the Office of Management and Budget under control number
2120-0005)
Effective Date Note: By Amdt. 91-227, 56 FR 65659, Dec. 17, 1991,
91.135 was revised, effective September 16, 1993. For the convenience
of the user, the revised text follows.
91.135 Operations in Class A airspace.
Except as provided in paragraph (d) of this section, each person
operating an aircraft in Class A airspace must conduct that operation
under instrument flight rules (IFR) and in compliance with the
following:
(a) Clearance. Operations may be conducted only under an ATC
clearance received prior to entering the airspace.
(b) Communications. Unless otherwise authorized by ATC, each
aircraft operating in Class A airspace must be equipped with a two-way
radio capable of communicating with ATC on a frequency assigned by ATC.
Each pilot must maintain two-way radio communications with ATC while
operating in Class A airspace.
(c) Transponder requirement. Unless otherwise authorized by ATC, no
person may operate an aircraft within Class A airspace unless that
aircraft is equipped with the applicable equipment specified in 91.215.
(d) ATC authorizations. An operator may deviate from any provision
of this section under the provisions of an ATC authorization issued by
the ATC facility having jurisdiction of the airspace concerned. In the
case of an inoperative transponder, ATC may immediately approve an
operation within a Class A airspace area allowing flight to continue, if
desired, to the airport of ultimate destination, including any
intermediate stops, or to proceed to a place where suitable repairs can
be made, or both. Requests for deviation from any provision of this
section must be submitted in writing, at least 4 days before the
proposed operation. ATC may authorize a deviation on a continuing basis
or for an individual flight.
(Doc. No. 24458, 56 FR 65659, Dec. 17, 1991)
14 CFR 91.137 Temporary flight restrictions.
(a) The Administrator will issue a Notice to Airmen (NOTAM)
designating an area within which temporary flight restrictions apply and
specifying the hazard or condition requiring their imposition, whenever
he determines it is necessary in order to --
(1) Protect persons and property on the surface or in the air from a
hazard associated with an incident on the surface;
(2) Provide a safe environment for the operation of disaster relief
aircraft; or
(3) Prevent an unsafe congestion of sightseeing and other aircraft
above an incident or event which may generate a high degree of public
interest.
The Notice to Airmen will specify the hazard or condition that
requires the imposition of temporary flight restrictions.
(b) When a NOTAM has been issued under paragraph (a)(1) of this
section, no person may operate an aircraft within the designated area
unless that aircraft is participating in the hazard relief activities
and is being operated under the direction of the official in charge of
on scene emergency response activities.
(c) When a NOTAM has been issued under paragraph (a)(2) of this
section, no person may operate an aircraft within the designated area
unless at least one of the following conditions are met:
(1) The aircraft is participating in hazard relief activities and is
being operated under the direction of the official in charge of on scene
emergency response activities.
(2) The aircraft is carrying law enforcement officials.
(3) The aircraft is operating under the ATC approved IFR flight plan.
(4) The operation is conducted directly to or from an airport within
the area, or is necessitated by the impracticability of VFR flight above
or around the area due to weather, or terrain; notification is given to
the Flight Service Station (FSS) or ATC facility specified in the NOTAM
to receive advisories concerning disaster relief aircraft operations;
and the operation does not hamper or endanger relief activities and is
not conducted for the purpose of observing the disaster.
(5) The aircraft is carrying properly accredited news
representatives, and, prior to entering the area, a flight plan is filed
with the appropriate FAA or ATC facility specified in the Notice to
Airmen and the operation is conducted above the altitude used by the
disaster relief aircraft, unless otherwise authorized by the official in
charge of on scene emergency response activities.
(d) When a NOTAM has been issued under paragraph (a)(3) of this
section, no person may operate an aircraft within the designated area
unless at least one of the following conditions is met:
(1) The operation is conducted directly to or from an airport within
the area, or is necessitated by the impracticability of VFR flight above
or around the area due to weather or terrain, and the operation is not
conducted for the purpose of observing the incident or event.
(2) The aircraft is operating under an ATC approved IFR flight plan.
(3) The aircraft is carrying incident or event personnel, or law
enforcement officials.
(4) The aircraft is carrying properly accredited news representatives
and, prior to entering that area, a flight plan is filed with the
appropriate FSS or ATC facility specified in the NOTAM.
(e) Flight plans filed and notifications made with an FSS or ATC
facility under this section shall include the following information:
(1) Aircraft identification, type and color.
(2) Radio communications frequencies to be used.
(3) Proposed times of entry of, and exit from, the designated area.
(4) Name of news media or organization and purpose of flight.
(5) Any other information requested by ATC.
14 CFR 91.138 Temporary flight restrictions in national disaster areas
in the State of Hawaii.
(a) When the Administrator has determined, pursuant to a request and
justification provided by the Governor of the State of Hawaii, or the
Governor's designee, that an inhabited area within a declared national
disaster area in the State of Hawaii is in need of protection for
humanitarian reasons, the Administrator will issue a Notice to Airmen
(NOTAM) designating an area within which temporary flight restrictions
apply. The Administrator will designate the extent and duration of the
temporary flight restrictions necessary to provide for the protection of
persons and property on the surface.
(b) When a NOTAM has been issued in accordance with this section, no
person may operate an aircraft within the designated airspace unless:
(1) That person has obtained authorization from the official in
charge of associated emergency or disaster relief response activities,
and is operating the aircraft under the conditions of that
authorization;
(2) The aircraft is carrying law enforcement officials;
(3) The aircraft is carrying persons involved in an emergency or a
legitimate scientific purpose;
(4) The aircraft is carrying properly accredited newspersons, and
that prior to entering the area, a flight plan is filed with the
appropriate FAA or ATC facility specified in the NOTAM and the operation
is conducted in compliance with the conditions and restrictions
established by the official in charge of on-scene emergency response
activities; or,
(5) The aircraft is operating in accordance with an ATC clearance or
instruction.
(c) A NOTAM issued under this section is effective for 90 days or
until the national disaster area designation is terminated, whichever
comes first, unless terminated by notice or extended by the
Administrator at the request of the Governor of the State of Hawaii or
the Governor's designee.
(Doc. No. 26476, 56 FR 23178, May 20, 1991)
14 CFR 91.139 Emergency air traffic rules.
(a) This section prescribes a process for utilizing Notices to Airmen
(NOTAMs) to advise of the issuance and operations under emergency air
traffic rules and regulations and designates the official who is
authorized to issue NOTAMs on behalf of the Administrator in certain
matters under this section.
(b) Whenever the Administrator determines that an emergency condition
exists, or will exist, relating to the FAA's ability to operate the air
traffic control system and during which normal flight operations under
this chapter cannot be conducted consistent with the required levels of
safety and efficiency --
(1) The Administrator issues an immediately effective air traffic
rule or regulation in response to that emergency condition; and
(2) The Administrator or the Associate Administrator for Air Traffic
may utilize the NOTAM system to provide notification of the issuance of
the rule or regulation.
Those NOTAMs communicate information concerning the rules and
regulations that govern flight operations, the use of navigation
facilities, and designation of that airspace in which the rules and
regulations apply.
(c) When a NOTAM has been issued under this section, no person may
operate an aircraft, or other device governed by the regulation
concerned, within the designated airspace except in accordance with the
authorizations, terms, and conditions prescribed in the regulation
covered by the NOTAM.
14 CFR 91.141 Flight restrictions in the proximity of the Presidential
and other parties.
No person may operate an aircraft over or in the vicinity of any area
to be visited or traveled by the President, the Vice President, or other
public figures contrary to the restrictions established by the
Administrator and published in a Notice to Airmen (NOTAM).
14 CFR 91.143 Flight limitation in the proximity of space flight
operations.
No person may operate any aircraft of U.S. registry, or pilot any
aircraft under the authority of an airman certificate issued by the
Federal Aviation Administration within areas designated in a Notice to
Airmen (NOTAM) for space flight operations except when authorized by
ATC, or operated under the control of the Department of Defense Manager
for Space Transportation System Contingency Support Operations.
91.145 -- 91.149 (Reserved)
14 CFR 91.143 Visual Flight Rules
14 CFR 91.151 Fuel requirements for flight in VFR conditions.
(a) No person may begin a flight in an airplane under VFR conditions
unless (considering wind and forecast weather conditions) there is
enough fuel to fly to the first point of intended landing and, assuming
normal cruising speed --
(1) During the day, to fly after that for at least 30 minutes; or
(2) At night, to fly after that for at least 45 minutes.
(b) No person may begin a flight in a rotorcraft under VFR conditions
unless (considering wind and forecast weather conditions) there is
enough fuel to fly to the first point of intended landing and, assuming
normal cruising speed, to fly after that for at least 20 minutes.
14 CFR 91.153 VFR flight plan: Information required.
(a) Information required. Unless otherwise authorized by ATC, each
person filing a VFR flight plan shall include in it the following
information:
(1) The aircraft identification number and, if necessary, its radio
call sign.
(2) The type of the aircraft or, in the case of a formation flight,
the type of each aircraft and the number of aircraft in the formation.
(3) The full name and address of the pilot in command or, in the case
of a formation flight, the formation commander.
(4) The point and proposed time of departure.
(5) The proposed route, cruising altitude (or flight level), and true
airspeed at that altitude.
(6) The point of first intended landing and the estimated elapsed
time until over that point.
(7) The amount of fuel on board (in hours).
(8) The number of persons in the aircraft, except where that
information is otherwise readily available to the FAA.
(9) Any other information the pilot in command or ATC believes is
necessary for ATC purposes.
(b) Cancellation. When a flight plan has been activated, the pilot
in command, upon canceling or completing the flight under the flight
plan, shall notify an FAA Flight Service Station or ATC facility.
14 CFR 91.155 Basic VFR weather minimums.
(a) Except as provided in 91.155(b) and 91.157, no person may
operate an aircraft under VFR when the flight visibility is less, or at
a distance from clouds that is less, than that prescribed for the
corresponding altitude in the following table:
(b) Inapplicability. Notwithstanding the provisions of paragraph (a)
of this section, the following operations may be conducted ouside of
controlled airspace below 1,200 feet above the surface:
(1) Helicopter. A helicopter may be operated clear of clouds if
operated at a speed that allows the pilot adequate opportunity to see
any air traffic or obstruction in time to avoid a collision.
(2) Airplane. When the visibility is less than 3 miles but not less
than 1 mile during night hours, an airplane may be operated clear of
clouds if operated in an airport traffic pattern within one-half mile of
the runway.
(c) Except as provided in 91.157, no person may operate an aircraft,
under VFR, within a control zone beneath the ceiling when the ceiling is
less than 1,000 feet.
(d) Except as provided in 91.157, no person may take off or land an
aircraft, or enter the traffic pattern of an airport, under VFR, within
a control zone --
(1) Unless ground visibility at that airport is at least 3 statute
miles; or
(2) If ground visibility is not reported at that airport, unless
flight visibility during landing or takeoff, or while operating in the
traffic pattern, is at least 3 statute miles.
(e) For the purposes of this section, an aircraft operating at the
base altitude of a transition area or control area is considered to be
within the airspace directly below that area.
(Doc. No. 24722, 55 FR 10610, Mar. 22, 1990, as amended by Amdt.
91-213, 55 FR 29552, July 19, 1990; Amdt. 91-213, 55 FR 47309, Nov.
13, 1990; Amdt. 91-224, 56 FR 48089, Sept. 23, 1991)
Effective Date Note: By Amdt. 91-227, 56 FR 65660, Dec. 17, 1991,
91.155 was revised, effective September 16, 1993. For the convenience
of the user, the revised text follows.
91.155 Basic VFR weather minimums.
(a) Except as provided in paragraph (b) of this section and 91.157,
no person may operate an aircraft under VFR when the flight visibility
is less, or at a distance from clouds that is less, than that prescribed
for the corresponding altitude and class of airspace in the following
table:
(b) Class G Airspace. Notwithstanding the provisions of paragraph
(a) of this section, the following operations may be conducted in Class
G airspace below 1,200 feet above the surface:
(1) Helicopter. A helicopter may be operated clear of clouds if
operated at a speed that allows the pilot adequate opportunity to see
any air traffic or obstruction in time to avoid a collision.
(2) Airplane. When the visibility is less than 3 statute miles but
not less than 1 statute mile during night hours, an airplane may be
operated clear of clouds if operated in an airport traffic pattern
within one-half mile of the runway.
(c) Except as provided in 91.157, no person may operate an aircraft,
under VFR, within the lateral boundaries of the surface areas of Class
B, Class C, Class D, or Class E airspace designated for an airport when
the ceiling is less than 1,000 feet.
(d) Except as provided in 91.157 of this part, no person may take
off or land an aircraft, or enter the traffic pattern of an airport,
under VFR, within the lateral boundaries of the surface areas of Class
B, Class C, Class D, or Class E airspace designated for an airport --
(1) Unless ground visibility at that airport is at least 3 statute
miles; or
(2) If ground visibility is not reported at that airport, unless
flight visibility during landing or takeoff, or while operating in the
traffic pattern is at least 3 statute miles.
(e) For the purpose of this section, an aircraft operating at the
base altitude of a Class E airspace area is considered to be within the
airspace directly below that area.
(Doc. No. 24458, 56 FR 65660, Dec. 17, 1991)
14 CFR 91.157 Special VFR weather minimums.
(a) Except as provided in 93.113, when a person has received an
appropriate ATC clearance, the special weather minimums of this section
instead of those contained in 91.155 apply to the operation of an
aircraft by that person in a control zone under VFR.
(b) No person may operate an aircraft in a control zone under VFR
except clear of clouds.
(c) No person may operate an aircraft (other than a helicopter) in a
control zone under VFR unless flight visibility is at least 1 statute
mile.
(d) No person may take off or land an aircraft (other than a
helicopter) at any airport in a control zone under VFR --
(1) Unless ground visibility at that airport is at least 1 statute
mile; or
(2) If ground visibility is not reported at that airport, unless
flight visibility during landing or takeoff is at least 1 statute mile.
(e) No person may operate an aircraft (other than a helicopter) in a
control zone under the special weather minimums of this section, between
sunset and sunrise (or in Alaska, when the sun is more than 6 degrees
below the horizon) unless:
(1) That person meets the applicable requirements for instrument
flight under part 61 of this chapter; and
(2) The aircraft is equipped as required in 91.205(d).
Effective Date Note: By Amdt. 91-227, 56 FR 65660, Dec. 17, 1991,
91.157 was revised, effective September 16, 1993. For the convenience
of the user, the revised text follows.
91.157 Special VFR weather minimums.
Except as provided in appendix D, section 3 of this part, the
following special weather minimums and requirements apply to operations
conducted to or from an airport in controlled airspace:
(a) Operations may be conducted only under an ATC clearance --
(1) Within the lateral boundaries of the surface areas of Class B,
Class C, Class D, or Class E airspace designated for an airport; and
(2) Except for helicopters, between sunrise and sunset (or in Alaska,
when the sun is 6 or more above the horizon) unless --
(i) That person meets the applicable requirements for instrument
flight under part 61 of this chapter; and
(ii) The aircraft is equipped as required in 91.205(d).
(b) Operations may only be conducted clear of clouds.
(c) Except for helicopters, operations may be conducted only when
flight visibility is at least 1 statute mile.
(d) No person may take off or land an aircraft (other than a
helicopter) --
(1) Unless ground visibility is at least 1 statute mile; or
(2) If ground visibility is not reported, unless flight visibility
during landing and takeoff is at least 1 statute mile.
(Doc. No. 24458, 56 FR 65660, Dec. 17, 1991)
14 CFR 91.159 VFR cruising altitude or flight level.
Except while holding in a holding pattern of 2 minutes or less, or
while turning, each person operating an aircraft under VFR in level
cruising flight more than 3,000 feet above the surface shall maintain
the appropriate altitude or flight level prescribed below, unless
otherwise authorized by ATC:
(a) When operating below 18,000 feet MSL and --
(1) On a magnetic course of zero degrees through 179 degrees, any odd
thousand foot MSL altitude +500 feet (such as 3,500, 5,500, or 7,500);
or
(2) On a magnetic course of 180 degrees through 359 degrees, any even
thousand foot MSL altitude +500 feet (such as 4,500, 6,500, or 8,500).
(b) When operating above 18,000 feet MSL to flight level 290
(inclusive) and --
(1) On a magnetic course of zero degrees through 179 degrees, any odd
flight level +500 feet (such as 195, 215, or 235); or
(2) On a magnetic course of 180 degrees through 359 degrees, any even
flight level +500 feet (such as 185, 205, or 225).
(c) When operating above flight level 290 and --
(1) On a magnetic course of zero degrees through 179 degrees, any
flight level, at 4,000-foot intervals, beginning at and including flight
level 300 (such as flight level 300, 340, or 380); or
(2) On a magnetic course of 180 degrees through 359 degrees, any
flight level, at 4,000-foot intervals, beginning at and including flight
level 320 (such as flight level 320, 360, or 400).
91.161 -- 91.165 (Reserved)
14 CFR 91.159 Instrument Flight Rules
14 CFR 91.167 Fuel requirements for flight in IFR conditions.
(a) Except as provided in paragraph (b) of this section, no person
may operate a civil aircraft in IFR conditions unless it carries enough
fuel (considering weather reports and forecasts and weather conditions)
to --
(1) Complete the flight to the first airport of intended landing;
(2) Fly from that airport to the alternate airport; and
(3) Fly after that for 45 minutes at normal cruising speed or, for
helicopters, fly after that for 30 minutes at normal cruising speed.
(b) Paragraph (a)(2) of this section does not apply if --
(1) Part 97 of this chapter prescribes a standard instrument approach
procedure for the first airport of intended landing; and
(2) For at least 1 hour before and 1 hour after the estimated time of
arrival at the airport, the weather reports or forecasts or any
combination of them indicate --
(i) The ceiling will be at least 2,000 feet above the airport
elevation; and
(ii) Visibility will be at least 3 statute miles.
14 CFR 91.169 IFR flight plan: Information required.
(a) Information required. Unless otherwise authorized by ATC, each
person filing an IFR flight plan shall include in it the following
information:
(1) Information required under 91.153(a).
(2) An alternate airport, except as provided in paragraph (b) of this
section.
(b) Exceptions to applicability of paragraph (a)(2) of this section.
Paragraph (a)(2) of this section does not apply if part 97 of this
chapter prescribes a standard instrument approach procedure for the
first airport of intended landing and, for at least 1 hour before and 1
hour after the estimated time of arrival, the weather reports or
forecasts, or any combination of them, indicate --
(1) The ceiling will be at least 2,000 feet above the airport
elevation; and
(2) The visibility will be at least 3 statute miles.
(c) IFR alternate airport weather minimums. Unless otherwise
authorized by the Administrator, no person may include an alternate
airport in an IFR flight plan unless current weather forecasts indicate
that, at the estimated time of arrival at the alternate airport, the
ceiling and visibility at that airport will be at or above the following
alternate airport weather minimums:
(1) If an instrument approach procedure has been published in part 97
of this chapter for that airport, the alternate airport minimums
specified in that procedure or, if none are so specified, the following
minimums:
(i) Precision approach procedure: Ceiling 600 feet and visibility 2
statute miles.
(ii) Nonprecision approach procedure: Ceiling 800 feet and
visibility 2 statute miles.
(2) If no instrument approach procedure has been published in part 97
of this chapter for that airport, the ceiling and visibility minimums
are those allowing descent from the MEA, approach, and landing under
basic VFR.
(d) Cancellation. When a flight plan has been activated, the pilot
in command, upon canceling or completing the flight under the flight
plan, shall notify an FAA Flight Service Station or ATC facility.
14 CFR 91.171 VOR equipment check for IFR operations.
(a) No person may operate a civil aircraft under IFR using the VOR
system of radio navigation unless the VOR equipment of that aircraft --
(1) Is maintained, checked, and inspected under an approved
procedure; or
(2) Has been operationally checked within the preceding 30 days, and
was found to be within the limits of the permissible indicated bearing
error set forth in paragraph (b) or (c) of this section.
(b) Except as provided in paragraph (c) of this section, each person
conducting a VOR check under paragraph (a)(2) of this section shall --
(1) Use, at the airport of intended departure, an FAA-operated or
approved test signal or a test signal radiated by a certificated and
appropriately rated radio repair station or, outside the United States,
a test signal operated or approved by an appropriate authority to check
the VOR equipment (the maximum permissible indicated bearing error is
plus or minus 4 degrees); or
(2) Use, at the airport of intended departure, a point on the airport
surface designated as a VOR system checkpoint by the Administrator, or,
outside the United States, by an appropriate authority (the maximum
permissible bearing error is plus or minus 4 degrees);
(3) If neither a test signal nor a designated checkpoint on the
surface is available, use an airborne checkpoint designated by the
Adninistrator or, outside the United States, by an appropriate authority
(the maximum permissible bearing error is plus or minus 6 degrees); or
(4) If no check signal or point is available, while in flight --
(i) Select a VOR radial that lies along the centerline of an
established VOR airway;
(ii) Select a prominent ground point along the selected radial
preferably more than 20 nautical miles from the VOR ground facility and
maneuver the aircraft directly over the point at a reasonably low
altitude; and
(iii) Note the VOR bearing indicated by the receiver when over the
ground point (the maximum permissible variation between the published
radial and the indicated bearing is 6 degrees).
(c) If dual system VOR (units independent of each other except for
the antenna) is installed in the aircraft, the person checking the
equipment may check one system against the other in place of the check
procedures specified in paragraph (b) of this section. Both systems
shall be tuned to the same VOR ground facility and note the indicated
bearings to that station. The maximum permissible variation between the
two indicated bearings is 4 degrees.
(d) Each person making the VOR operational check, as specified in
paragraph (b) or (c) of this section, shall enter the date, place,
bearing error, and sign the aircraft log or other record. In addition,
if a test signal radiated by a repair station, as specified in paragraph
(b)(1) of this section, is used, an entry must be made in the aircraft
log or other record by the repair station certificate holder or the
certificate holder's representative certifying to the bearing
transmitted by the repair station for the check and the date of
transmission.
(Approved by the Office of Management and Budget under control number
2120-0005)
14 CFR 91.173 ATC clearance and flight plan required.
No person may operate an aircraft in controlled airspace under IFR
unless that person has --
(a) Filed an IFR flight plan; and
(b) Received an appropriate ATC clearance.
14 CFR 91.175 Takeoff and landing under IFR.
(a) Instrument approaches to civil airports.
Unless otherwise authorized by the Administrator, when an instrument
letdown to a civil airport is necessary, each person operating an
aircraft, except a military aircraft of the United States, shall use a
standard instrument approach procedure prescribed for the airport in
part 97 of this chapter.
(b) Authorized DH or MDA. For the purpose of this section, when the
approach procedure being used provides for and requires the use of a DH
or MDA, the authorized DH or MDA is the highest of the following:
(1) The DH or MDA prescribed by the approach procedure.
(2) The DH or MDA prescribed for the pilot in command.
(3) The DH or MDA for which the aircraft is equipped.
(c) Operation below DH or MDA. Where a DH or MDA is applicable, no
pilot may operate an aircraft, except a military aircraft of the United
States, at any airport below the authorized MDA or continue an approach
below the authorized DH unless --
(1) The aircraft is continuously in a position from which a descent
to a landing on the intended runway can be made at a normal rate of
descent using normal maneuvers, and for operations conducted under part
121 or part 135 unless that descent rate will allow touchdown to occur
within the touchdown zone of the runway of intended landing;
(2) The flight visibility is not less than the visibility prescribed
in the standard instrument approach being used; and
(3) Except for a Category II or Category III approach where any
necessary visual reference requirements are specified by the
Administrator, at least one of the following visual references for the
intended runway is distinctly visible and identifiable to the pilot:
(i) The approach light system, except that the pilot may not descend
below 100 feet above the touchdown zone elevation using the approach
lights as a reference unless the red terminating bars or the red side
row bars are also distinctly visible and identifiable.
(ii) The threshold.
(iii) The threshold markings.
(iv) The threshold lights.
(v) The runway end identifier lights.
(vi) The visual approach slope indicator.
(vii) The touchdown zone or touchdown zone markings.
(viii) The touchdown zone lights.
(ix) The runway or runway markings.
(x) The runway lights.
(d) Landing. No pilot operating an aircraft, except a military
aircraft of the United States, may land that aircraft when the flight
visibility is less than the visibility prescribed in the standard
instrument approach procedure being used.
(e) Missed approach procedures. Each pilot operating an aircraft,
except a military aircraft of the United States, shall immediately
execute an appropriate missed approach procedure when either of the
following conditions exist:
(1) Whenever the requirements of paragraph (c) of this section are
not met at either of the following times:
(i) When the aircraft is being operated below MDA; or
(ii) Upon arrival at the missed approach point, including a DH where
a DH is specified and its use is required, and at any time after that
until touchdown.
(2) Whenever an identifiable part of the airport is not distinctly
visible to the pilot during a circling maneuver at or above MDA, unless
the inability to see an identifiable part of the airport results only
from a normal bank of the aircraft during the circling approach.
(f) Civil airport takeoff minimums. Unless otherwise authorized by
the Administrator, no pilot operating an aircraft under parts 121, 125,
127, 129, or 135 of this chapter may take off from a civil airport under
IFR unless weather conditions are at or above the weather minimum for
IFR takeoff prescribed for that airport under part 97 of this chapter.
If takeoff minimums are not prescribed under part 97 of this chapter for
a particular airport, the following minimums apply to takeoffs under IFR
for aircraft operating under those parts:
(1) For aircraft, other than helicopters, having two engines or less
-- 1 statute mile visibility.
(2) For aircraft having more than two engines -- 1/2 statute mile
visibility.
(3) For helicopters -- 1/2 statute mile visibility.
(g) Military airports. Unless otherwise prescribed by the
Administrator, each person operating a civil aircraft under IFR into or
out of a military airport shall comply with the instrument approach
procedures and the takeoff and landing minimum prescribed by the
military authority having jurisdiction of that airport.
(h) Comparable values of RVR and ground visibility. (1) Except for
Category II or Category III minimums, if RVR minimums for takeoff or
landing are prescribed in an instrument approach procedure, but RVR is
not reported for the runway of intended operation, the RVR minimum shall
be converted to ground visibility in accordance with the table in
paragraph (h)(2) of this section and shall be the visibility minimum for
takeoff or landing on that runway.
(2)
(i) Operations on unpublished routes and use of radar in instrument
approach procedures. When radar is approved at certain locations for
ATC purposes, it may be used not only for surveillance and precision
radar approaches, as applicable, but also may be used in conjunction
with instrument approach procedures predicated on other types of radio
navigational aids. Radar vectors may be authorized to provide course
guidance through the segments of an approach to the final course or fix.
When operating on an unpublished route or while being radar vectored,
the pilot, when an approach clearance is received, shall, in addition to
complying with 91.177, maintain the last altitude assigned to that
pilot until the aircraft is established on a segment of a published
route or instrument approach procedure unless a different altitude is
assigned by ATC. After the aircraft is so established, published
altitudes apply to descent within each succeeding route or approach
segment unless a different altitude is assigned by ATC. Upon reaching
the final approach course or fix, the pilot may either complete the
instrument approach in accordance with a procedure approved for the
facility or continue a surveillance or precision radar approach to a
landing.
(j) Limitation on procedure turns. In the case of a radar vector to
a final approach course or fix, a timed approach from a holding fix, or
an approach for which the procedure specifies ''No PT,'' no pilot may
make a procedure turn unless cleared to do so by ATC.
(k) ILS components. The basic ground components of an ILS are the
localizer, glide slope, outer marker, middle marker, and, when installed
for use with Category II or Category III instrument approach procedures,
an inner marker. A compass locator or precision radar may be
substituted for the outer or middle marker. DME, VOR, or nondirectional
beacon fixes authorized in the standard instrument approach procedure or
surveillance radar may be substituted for the outer marker.
Applicability of, and substitution for, the inner marker for Category II
or III approaches is determined by the appropriate part 97 approach
procedure, letter of authorization, or operations specification
pertinent to the operations.
14 CFR 91.177 Minimum altitudes for IFR operations.
(a) Operation of aircraft at minimum altitudes. Except when
necessary for takeoff or landing, no person may operate an aircraft
under IFR below --
(1) The applicable minimum altitudes prescribed in parts 95 and 97 of
this chapter; or
(2) If no applicable minimum altitude is prescribed in those parts --
(i) In the case of operations over an area designated as a
mountainous area in part 95, an altitude of 2,000 feet above the highest
obstacle within a horizontal distance of 4 nautical miles from the
course to be flown; or
(ii) In any other case, an altitude of 1,000 feet above the highest
obstacle within a horizontal distance of 4 nautical miles from the
course to be flown.
However, if both a MEA and a MOCA are prescribed for a particular
route or route segment, a person may operate an aircraft below the MEA
down to, but not below, the MOCA, when within 22 nautical miles of the
VOR concerned (based on the pilot's reasonable estimate of that
distance).
(b) Climb. Climb to a higher minimum IFR altitude shall begin
immediately after passing the point beyond which that minimum altitude
applies, except that when ground obstructions intervene, the point
beyond which that higher minimum altitude applies shall be crossed at or
above the applicable MCA.
14 CFR 91.179 IFR cruising altitude or flight level.
(a) In controlled airspace. Each person operating an aircraft under
IFR in level cruising flight in controlled airspace shall maintain the
altitude or flight level assigned that aircraft by ATC. However, if the
ATC clearance assigns ''VFR conditions on-top,'' that person shall
maintain an altitude or flight level as prescribed by 91.159.
(b) In uncontrolled airspace. Except while in a holding pattern of 2
minutes or less or while turning, each person operating an aircraft
under IFR in level cruising flight in uncontrolled airspace shall
maintain an appropriate altitude as follows:
(1) When operating below 18,000 feet MSL and --
(i) On a magnetic course of zero degrees through 179 degrees, any odd
thousand foot MSL altitude (such as 3,000, 5,000, or 7,000); or
(ii) On a magnetic course of 180 degrees through 359 degrees, any
even thousand foot MSL altitude (such as 2,000, 4,000, or 6,000).
(2) When operating at or above 18,000 feet MSL but below flight level
290, and --
(i) On a magnetic course of zero degrees through 179 degrees, any odd
flight level (such as 190, 210, or 230); or
(ii) On a magnetic course of 180 degrees through 359 degrees, any
even flight level (such as 180, 200, or 220).
(3) When operating at flight level 290 and above, and --
(i) On a magnetic course of zero degrees through 179 degrees, any
flight level, at 4,000-foot intervals, beginning at and including flight
level 290 (such as flight level 290, 330, or 370); or
(ii) On a magnetic course of 180 degrees through 359 degrees, any
flight level, at 4,000-foot intervals, beginning at and including flight
level 310 (such as flight level 310, 350, or 390).
14 CFR 91.181 Course to be flown.
Unless otherwise authorized by ATC, no person may operate an aircraft
within controlled airspace under IFR except as follows:
(a) On a Federal airway, along the centerline of that airway.
(b) On any other route, along the direct course between the
navigational aids or fixes defining that route. However, this section
does not prohibit maneuvering the aircraft to pass well clear of other
air traffic or the maneuvering of the aircraft in VFR conditions to
clear the intended flight path both before and during climb or descent.
14 CFR 91.183 IFR radio communications.
The pilot in command of each aircraft operated under IFR in
controlled airspace shall have a continuous watch maintained on the
appropriate frequency and shall report by radio as soon as possible --
(a) The time and altitude of passing each designated reporting point,
or the reporting points specified by ATC, except that while the aircraft
is under radar control, only the passing of those reporting points
specifically requested by ATC need be reported;
(b) Any unforecast weather conditions encountered; and
(c) Any other information relating to the safety of flight.
14 CFR 91.185 IFR operations: Two-way radio communications failure.
(a) General. Unless otherwise authorized by ATC, each pilot who has
two-way radio communications failure when operating under IFR shall
comply with the rules of this section.
(b) VFR conditions. If the failure occurs in VFR conditions, or if
VFR conditions are encountered after the failure, each pilot shall
continue the flight under VFR and land as soon as practicable.
(c) IFR conditions. If the failure occurs in IFR conditions, or if
paragraph (b) of this section cannot be complied with, each pilot shall
continue the flight according to the following:
(1) Route. (i) By the route assigned in the last ATC clearance
received;
(ii) If being radar vectored, by the direct route from the point of
radio failure to the fix, route, or airway specified in the vector
clearance;
(iii) In the absence of an assigned route, by the route that ATC has
advised may be expected in a further clearance; or
(iv) In the absence of an assigned route or a route that ATC has
advised may be expected in a further clearance, by the route filed in
the flight plan.
(2) Altitude. At the highest of the following altitudes or flight
levels for the route segment being flown:
(i) The altitude or flight level assigned in the last ATC clearance
received;
(ii) The minimum altitude (converted, if appropriate, to minimum
flight level as prescribed in 91.121(c)) for IFR operations; or
(iii) The altitude or flight level ATC has advised may be expected in
a further clearance.
(3) Leave clearance limit. (i) When the clearance limit is a fix
from which an approach begins, commence descent or descent and approach
as close as possible to the expect-further-clearance time if one has
been received, or if one has not been received, as close as possible to
the estimated time of arrival as calculated from the filed or amended
(with ATC) estimated time en route.
(ii) If the clearance limit is not a fix from which an approach
begins, leave the clearance limit at the expect-further-clearance time
if one has been received, or if none has been received, upon arrival
over the clearance limit, and proceed to a fix from which an approach
begins and commence descent or descent and approach as close as possible
to the estimated time of arrival as calculated from the filed or amended
(with ATC) estimated time en route.
(Doc. No. 18334, 54 FR 34294, Aug. 18, 1989; Amdt. 91-211, 54 FR
41211, Oct. 5, 1989)
14 CFR 91.187 Operation under IFR in controlled airspace: Malfunction
reports.
(a) The pilot in command of each aircraft operated in controlled
airspace under IFR shall report as soon as practical to ATC any
malfunctions of navigational, approach, or communication equipment
occurring in flight.
(b) In each report required by paragraph (a) of this section, the
pilot in command shall include the --
(1) Aircraft identification;
(2) Equipment affected;
(3) Degree to which the capability of the pilot to operate under IFR
in the ATC system is impaired; and
(4) Nature and extent of assistance desired from ATC.
14 CFR 91.189 Category II and III operations: General operating rules.
(a) No person may operate a civil aircraft in a Category II or III
operation unless --
(1) The flight crew of the aircraft consists of a pilot in command
and a second in command who hold the appropriate authorizations and
ratings prescribed in 61.3 of this chapter;
(2) Each flight crewmember has adequate knowledge of, and familiarity
with, the aircraft and the procedures to be used; and
(3) The instrument panel in front of the pilot who is controlling the
aircraft has appropriate instrumentation for the type of flight control
guidance system that is being used.
(b) Unless otherwise authorized by the Administrator, no person may
operate a civil aircraft in a Category II or Category III operation
unless each ground component required for that operation and the related
airborne equipment is installed and operating.
(c) Authorized DH. For the purpose of this section, when the
approach procedure being used provides for and requires the use of a DH,
the authorized DH is the highest of the following:
(1) The DH prescribed by the approach procedure.
(2) The DH prescribed for the pilot in command.
(3) The DH for which the aircraft is equipped.
(d) Unless otherwise authorized by the Administrator, no pilot
operating an aircraft in a Category II or Category III approach that
provides and requires use of a DH may continue the approach below the
authorized decision height unless the following conditions are met:
(1) The aircraft is in a position from which a descent to a landing
on the intended runway can be made at a normal rate of descent using
normal maneuvers, and where that descent rate will allow touchdown to
occur within the touchdown zone of the runway of intended landing.
(2) At least one of the following visual references for the intended
runway is distinctly visible and identifiable to the pilot:
(i) The approach light system, except that the pilot may not descend
below 100 feet above the touchdown zone elevation using the approach
lights as a reference unless the red terminating bars or the red side
row bars are also distinctly visible and identifiable.
(ii) The threshold.
(iii) The threshold markings.
(iv) The threshold lights.
(v) The touchdown zone or touchdown zone markings.
(vi) The touchdown zone lights.
(e) Unless otherwise authorized by the Administrator, each pilot
operating an aircraft shall immediately execute an appropriate missed
approach whenever, prior to touchdown, the requirements of paragraph (d)
of this section are not met.
(f) No person operating an aircraft using a Category III approach
without decision height may land that aircraft except in accordance with
the provisions of the letter of authorization issued by the
Administrator.
(g) Paragraphs (a) through (f) of this section do not apply to
operations conducted by the holders of certificates issued under part
121, 125, 129, or 135 of this chapter. No person may operate a civil
aircraft in a Category II or Category III operation conducted by the
holder of a certificate issued under part 121, 125, 129, or 135 of this
chapter unless the operation is conducted in accordance with that
certificate holder's operations specifications.
14 CFR 91.191 Category II manual.
(a) No person may operate a civil aircraft of United States registry
in a Category II operation unless --
(1) There is available in the aircraft a current, approved Category
II manual for that aircraft;
(2) The operation is conducted in accordance with the procedures,
instructions, and limitations in that manual; and
(3) The instruments and equipment listed in the manual that are
required for a particular Category II operation have been inspected and
maintained in accordance with the maintenance program contained in that
manual.
(b) Each operator shall keep a current copy of the approved manual at
its principal base of operations and shall make it available for
inspection upon request of the Administrator.
(c) This section does not apply to operations conducted by the holder
of a certificate issued under part 121 of this chapter.
(Approved by the Office of Management and Budget under control number
2120-0005)
14 CFR 91.193 Certificate of authorization for certain Category II
operations.
The Administrator may issue a certificate of authorization
authorizing deviations from the requirements of 91.189, 91.191, and
91.205(f) for the operation of small aircraft identified as Category A
aircraft in 97.3 of this chapter in Category II operations if the
Administrator finds that the proposed operation can be safely conducted
under the terms of the certificate. Such authorization does not permit
operation of the aircraft carrying persons or property for compensation
or hire.
91.195 -- 91.199 (Reserved)
14 CFR 91.193 Subpart C -- Equipment, Instrument, and Certificate
Requirements
Source: Docket No. 18334, 54 FR 34304, Aug. 18, 1989, unless
otherwise noted.
91.201 (Reserved)
14 CFR 91.203 Civil aircraft: Certifications required.
(a) Except as provided in 91.715, no person may operate a civil
aircraft unless it has within it the following:
(1) An appropriate and current airworthiness certificate. Each U.S.
airworthiness certificate used to comply with this subparagraph (except
a special flight permit, a copy of the applicable operations
specifications issued under 21.197(c) of this chapter, appropriate
sections of the air carrier manual required by parts 121 and 135 of this
chapter containing that portion of the operations specifications issued
under 21.197(c), or an authorization under 91.611) must have on it the
registration number assigned to the aircraft under part 47 of this
chapter. However, the airworthiness certificate need not have on it an
assigned special identification number before 10 days after that number
is first affixed to the aircraft. A revised airworthiness certificate
having on it an assigned special identification number, that has been
affixed to an aircraft, may only be obtained upon application to an FAA
Flight Standards district office.
(2) An effective U.S. registration certificate issued to its owner
or, for operation within the United States, the second duplicate copy
(pink) of the Aircraft Registration Application as provided for in
47.31(b), or a registration certificate issued under the laws of a
foreign country.
(b) No person may operate a civil aircraft unless the airworthiness
certificate required by paragraph (a) of this section or a special
flight authorization issued under 91.715 is displayed at the cabin or
cockpit entrance so that it is legible to passengers or crew.
(c) No person may operate an aircraft with a fuel tank installed
within the passenger compartment or a baggage compartment unless the
installation was accomplished pursuant to part 43 of this chapter, and a
copy of FAA Form 337 authorizing that installation is on board the
aircraft.
(d) No person may operate a civil airplane (domestic or foreign) into
or out of an airport in the United States unless it complies with the
fuel venting and exhaust emissions requirements of part 34 of this
chapter.
(Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as amended by Amdt.
91-218, 55 FR 32861, Aug. 10, 1990)
14 CFR 91.205 Powered civil aircraft with standard category U.S.
airworthiness certificates: Instrument and equipment requirements.
(a) General. Except as provided in paragraphs (c)(3) and (e) of this
section, no person may operate a powered civil aircraft with a standard
category U.S. airworthiness certificate in any operation described in
paragraphs (b) through (f) of this section unless that aircraft contains
the instruments and equipment specified in those paragraphs (or
FAA-approved equivalents) for that type of operation, and those
instruments and items of equipment are in operable condition.
(b) Visual-flight rules (day). For VFR flight during the day, the
following instruments and equipment are required:
(1) Airspeed indicator.
(2) Altimeter.
(3) Magnetic direction indicator.
(4) Tachometer for each engine.
(5) Oil pressure gauge for each engine using pressure system.
(6) Temperature gauge for each liquid-cooled engine.
(7) Oil temperature gauge for each air-cooled engine.
(8) Manifold pressure gauge for each altitude engine.
(9) Fuel gauge indicating the quantity of fuel in each tank.
(10) Landing gear position indicator, if the aircraft has a
retractable landing gear.
(11) If the aircraft is operated for hire over water and beyond
power-off gliding distance from shore, approved flotation gear readily
available to each occupant and at least one pyrotechnic signaling
device. As used in this section, ''shore'' means that area of the land
adjacent to the water which is above the high water mark and excludes
land areas which are intermittently under water.
(12) Except as to airships, an approved safety belt with an approved
metal-to-metal latching device for each occupant 2 years of age or
older.
(13) For small civil airplanes manufactured after July 18, 1978, an
approved shoulder harness for each front seat. The shoulder harness
must be designed to protect the occupant from serious head injury when
the occupant experiences the ultimate inertia forces specified in
23.561(b)(2) of this chapter. Each shoulder harness installed at a
flight crewmember station must permit the crewmember, when seated and
with the safety belt and shoulder harness fastened, to perform all
functions necessary for flight operations. For purposes of this
paragraph --
(i) The date of manufacture of an airplane is the date the inspection
acceptance records reflect that the airplane is complete and meets the
FAA-approved type design data; and
(ii) A front seat is a seat located at a flight crewmember station or
any seat located alongside such a seat.
(14) An emergency locator transmitter, if required by 91.207.
(15) For normal, utility, and acrobatic category airplanes with a
seating configuration, excluding pilot seats, of 9 or less, manufactured
after December 12, 1986, a shoulder harness for --
(i) Each front seat that meets the requirements of 23.785 (g) and
(h) of this chapter in effect on December 12, 1985;
(ii) Each additional seat that meets the requirements of 23.785(g)
of this chapter in effect on December 12, 1985.
(16) For rotorcraft manufactured after September 16, 1992, a shoulder
harness for each seat that meets the requirements of 27.2 or 29.2 of
this chapter in effect on September 16, 1991.
(c) Visual flight rules (night). For VFR flight at night, the
following instruments and equipment are required:
(1) Instruments and equipment specified in paragraph (b) of this
section.
(2) Approved position lights.
(3) An approved aviation red or aviation white anticollision light
system on all U.S.-registered civil aircraft. Anticollision light
systems initially installed after August 11, 1971, on aircraft for which
a type certificate was issued or applied for before August 11, 1971,
must at least meet the anticollision light standards of part 23, 25, 27,
or 29 of this chapter, as applicable, that were in effect on August 10,
1971, except that the color may be either aviation red or aviation
white. In the event of failure of any light of the anticollision light
system, operations with the aircraft may be continued to a stop where
repairs or replacement can be made.
(4) If the aircraft is operated for hire, one electric landing light.
(5) An adequate source of electrical energy for all installed
electrical and radio equipment.
(6) One spare set of fuses, or three spare fuses of each kind
required, that are accessible to the pilot in flight.
(d) Instrument flight rules. For IFR flight, the following
instruments and equipment are required:
(1) Instruments and equipment specified in paragraph (b) of this
section, and, for night flight, instruments and equipment specified in
paragraph (c) of this section.
(2) Two-way radio communications system and navigational equipment
appropriate to the ground facilities to be used.
(3) Gyroscopic rate-of-turn indicator, except on the following
aircraft:
(i) Airplanes with a third attitude instrument system usable through
flight attitudes of 360 degrees of pitch and roll and installed in
accordance with the instrument requirements prescribed in 121.305(j) of
this chapter; and
(ii) Rotorcraft with a third attitude instrument system usable
through flight attitudes of 80 degrees of pitch and 120 degrees of
roll and installed in accordance with 29.1303(g) of this chapter.
(4) Slip-skid indicator.
(5) Sensitive altimeter adjustable for barometric pressure.
(6) A clock displaying hours, minutes, and seconds with a
sweep-second pointer or digital presentation.
(7) Generator or alternator of adequate capacity.
(8) Gyroscopic pitch and bank indicator (artificial horizon).
(9) Gyroscopic direction indicator (directional gyro or equivalent).
(e) Flight at and above 24,000 ft. MSL (FL 240). If VOR
navigational equipment is required under paragraph (d)(2) of this
section, no person may operate a U.S.-registered civil aircraft within
the 50 states and the District of Columbia at or above FL 240 unless
that aircraft is equipped with approved distance measuring equipment
(DME). When DME required by this paragraph fails at and above FL 240,
the pilot in command of the aircraft shall notify ATC immediately, and
then may continue operations at and above FL 240 to the next airport of
intended landing at which repairs or replacement of the equipment can be
made.
(f) Category II operations. For Category II operations the
instruments and equipment specified in paragraph (d) of this section and
appendix A to this part are required. This paragraph does not apply to
operations conducted by the holder of a certificate issued under part
121 of this chapter.
(Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as amended by Amdt.
91-220, 55 FR 43310, Oct. 26, 1990; Amdt. 91-223, 56 FR 41052, Aug.
16, 1991)
14 CFR 91.207 Emergency locator transmitters.
(a) Except as provided in paragraphs (d) and (e) of this section, no
person may operate a U.S.-registered civil airplane unless --
(1) There is attached to the airplane an automatic type emergency
locator transmitter that is in operable condition and meets the
applicable requirements of TSO-C91 for the following operations:
(i) Those operations governed by the supplemental air carrier and
commercial operator rules of parts 121 and 125;
(ii) Charter flights governed by the domestic and flag air carrier
rules of part 121 of this chapter; and
(iii) Operations governed by part 135 of this chapter; or
(2) For operations other than those specified in paragraph (a)(1)(i)
of this section, there must be attached to the airplane a personal type
or an automatic type emergency locator transmitter that is in operable
condition and meets the applicable requirements of TSO-C91.
(b) Each emergency locator transmitter required by paragraph (a) of
this section must be attached to the airplane in such a manner that the
probability of damage to the transmitter in the event of crash impact is
minimized. Fixed and deployable automatic type transmitters must be
attached to the airplane as far aft as practicable.
(c) Batteries used in the emergency locator transmitters required by
paragraphs (a) and (b) of this section must be replaced (or recharged,
if the batteries are rechargeable) --
(1) When the transmitter has been in use for more than 1 cumulative
hour; or
(2) When 50 percent of their useful life (or, for rechargeable
batteries, 50 percent of their useful life of charge), as established by
the transmitter manufacturer under TSO-C91, paragraph (g)(2) of this
section, has expired.
The new expiration date for replacing (or recharging) the battery
must be legibly marked on the outside of the transmitter and entered in
the aircraft maintenance record. Paragraph (c)(2) of this section does
not apply to batteries (such as water-activated batteries) that are
essentially unaffected during probable storage intervals.
(d) Notwithstanding paragraph (a) of this section, a person may --
(1) Ferry a newly acquired airplane from the place where possession
of it was taken to a place where the emergency locator transmitter is to
be installed; and
(2) Ferry an airplane with an inoperative emergency locator
transmitter from a place where repairs or replacements cannot be made to
a place where they can be made.
No person other than required crewmembers may be carried aboard an
airplane being ferried under paragraph (d) of this section.
(e) Paragraph (a) of this section does not apply to --
(1) Turbojet-powered aircraft;
(2) Aircraft while engaged in scheduled flights by scheduled air
carriers;
(3) Aircraft while engaged in training operations conducted entirely
within a 50-nautical mile radius of the airport from which such local
flight operations began;
(4) Aircraft while engaged in flight operations incident to design
and testing;
(5) New aircraft while engaged in flight operations incident to their
manufacture, preparation, and delivery;
(6) Aircraft while engaged in flight operations incident to the
aerial application of chemicals and other substances for agricultural
purposes;
(7) Aircraft certificated by the Administrator for research and
development purposes;
(8) Aircraft while used for showing compliance with regulations, crew
training, exhibition, air racing, or market surveys;
(9) Aircraft equipped to carry not more than one person; and
(10) An aircraft during any period for which the transmitter has been
temporarily removed for inspection, repair, modification, or
replacement, subject to the following:
(i) No person may operate the aircraft unless the aircraft records
contain an entry which includes the date of initial removal, the make,
model, serial number, and reason for removing the transmitter, and a
placard located in view of the pilot to show ''ELT not installed.''
(ii) No person may operate the aircraft more than 90 days after the
ELT is initially removed from the aircraft.
14 CFR 91.209 Aircraft lights.
No person may, during the period from sunset to sunrise (or, in
Alaska, during the period a prominent unlighted object cannot be seen
from a distance of 3 statute miles or the sun is more than 6 degrees
below the horizon) --
(a) Operate an aircraft unless it has lighted position lights;
(b) Park or move an aircraft in, or in dangerous proximity to, a
night flight operations area of an airport unless the aircraft --
(1) Is clearly illuminated;
(2) Has lighted position lights; or
(3) Is in an area which is marked by obstruction lights;
(c) Anchor an aircraft unless the aircraft --
(1) Has lighted anchor lights; or
(2) Is in an area where anchor lights are not required on vessels;
or
(d) Operate an aircraft, required by 91.205(c)(3) to be equipped
with an anticollision light system, unless it has approved and lighted
aviation red or aviation white anticollision lights. However, the
anticollision lights need not be lighted when the pilot in command
determines that, because of operating conditions, it would be in the
interest of safety to turn the lights off.
14 CFR 91.211 Supplemental oxygen.
(a) General. No person may operate a civil aircraft of U.S.
registry --
(1) At cabin pressure altitudes above 12,500 feet (MSL) up to and
including 14,000 feet (MSL) unless the required minimum flight crew is
provided with and uses supplemental oxygen for that part of the flight
at those altitudes that is of more than 30 minutes duration;
(2) At cabin pressure altitudes above 14,000 feet (MSL) unless the
required minimum flight crew is provided with and uses supplemental
oxygen during the entire flight time at those altitudes; and
(3) At cabin pressure altitudes above 15,000 feet (MSL) unless each
occupant of the aircraft is provided with supplemental oxygen.
(b) Pressurized cabin aircraft. (1) No person may operate a civil
aircraft of U.S. registry with a pressurized cabin --
(i) At flight altitudes above flight level 250 unless at least a
10-minute supply of supplemental oxygen, in addition to any oxygen
required to satisfy paragraph (a) of this section, is available for each
occupant of the aircraft for use in the event that a descent is
necessitated by loss of cabin pressurization; and
(ii) At flight altitudes above flight level 350 unless one pilot at
the controls of the airplane is wearing and using an oxygen mask that is
secured and sealed and that either supplies oxygen at all times or
automatically supplies oxygen whenever the cabin pressure altitude of
the airplane exceeds 14,000 feet (MSL), except that the one pilot need
not wear and use an oxygen mask while at or below flight level 410 if
there are two pilots at the controls and each pilot has a quick-donning
type of oxygen mask that can be placed on the face with one hand from
the ready position within 5 seconds, supplying oxygen and properly
secured and sealed.
(2) Notwithstanding paragraph (b)(1)(ii) of this section, if for any
reason at any time it is necessary for one pilot to leave the controls
of the aircraft when operating at flight altitudes above flight level
350, the remaining pilot at the controls shall put on and use an oxygen
mask until the other pilot has returned to that crewmember's station.
14 CFR 91.213 Inoperative instruments and equipment.
(a) Except as provided in paragraph (d) of this section, no person
may take off an aircraft with inoperative instruments or equipment
installed unless the following conditions are met:
(1) An approved Minimum Equipment List exists for that aircraft.
(2) The aircraft has within it a letter of authorization, issued by
the FAA Flight Standards district office having jurisdiction over the
area in which the operator is located, authorizing operation of the
aircraft under the Minimum Equipment List. The letter of authorization
may be obtained by written request of the airworthiness certificate
holder. The Minimum Equipment List and the letter of authorization
constitute a supplemental type certificate for the aircraft.
(3) The approved Minimum Equipment List must --
(i) Be prepared in accordance with the limitations specified in
paragraph (b) of this section; and
(ii) Provide for the operation of the aircraft with the instruments
and equipment in an inoperable condition.
(4) The aircraft records available to the pilot must include an entry
describing the inoperable instruments and equipment.
(5) The aircraft is operated under all applicable conditions and
limitations contained in the Minimum Equipment List and the letter
authorizing the use of the list.
(b) The following instruments and equipment may not be included in a
Minimum Equipment List:
(1) Instruments and equipment that are either specifically or
otherwise required by the airworthiness requirements under which the
aircraft is type certificated and which are essential for safe
operations under all operating conditions.
(2) Instruments and equipment required by an airworthiness directive
to be in operable condition unless the airworthiness directive provides
otherwise.
(3) Instruments and equipment required for specific operations by
this part.
(c) A person authorized to use an approved Minimum Equipment List
issued for a specific aircraft under part 121, 125, or 135 of this
chapter shall use that Minimum Equipment List in connection with
operations conducted with that aircraft under this part without
additional approval requirements.
(d) Except for operations conducted in accordance with paragraph (a)
or (c) of this section, a person may takeoff an aircraft in operations
conducted under this part with inoperative instruments and equipment
without an approved Minimum Equipment List provided --
(1) The flight operation is conducted in a --
(i) Rotorcraft, nonturbine-powered airplane, glider, or
lighter-than-air aircraft for which a master Minimum Equipment List has
not been developed; or
(ii) Small rotorcraft, nonturbine-powered small airplane, glider, or
lighter-than-air aircraft for which a Master Minimum Equipment List has
been developed; and
(2) The inoperative instruments and equipment are not --
(i) Part of the VFR-day type certification instruments and equipment
prescribed in the applicable airworthiness regulations under which the
aircraft was type certificated;
(ii) Indicated as required on the aircraft's equipment list, or on
the Kinds of Operations Equipment List for the kind of flight operation
being conducted;
(iii) Required by 91.205 or any other rule of this part for the
specific kind of flight operation being conducted; or
(iv) Required to be operational by an airworthiness directive; and
(3) The inoperative instruments and equipment are --
(i) Removed from the aircraft, the cockpit control placarded, and the
maintenance recorded in accordance with 43.9 of this chapter; or
(ii) Deactivated and placarded ''Inoperative.'' If deactivation of
the inoperative instrument or equipment involves maintenance, it must be
accomplished and recorded in accordance with part 43 of this chapter;
and
(4) A determination is made by a pilot, who is certificated and
appropriately rated under part 61 of this chapter, or by a person, who
is certificated and appropriately rated to perform maintenance on the
aircraft, that the inoperative instrument or equipment does not
constitute a hazard to the aircraft.
An aircraft with inoperative instruments or equipment as provided in
paragraph (d) of this section is considered to be in a properly altered
condition acceptable to the Administrator.
(e) Notwithstanding any other provision of this section, an aircraft
with inoperable instruments or equipment may be operated under a special
flight permit issued in accordance with 21.197 and 21.199 of this
chapter.
14 CFR 91.215 ATC transponder and altitude reporting equipment and use.
(a) All airspace: U.S.-registered civil aircraft. For operations
not conducted under part 121, 127 or 135 of this chapter, ATC
transponder equipment installed within the time periods indicated below
must meet the performance and environmental requirements of the
following TSO's.
(1) Through July 1, 1992:
(i) Any class of TSO-C74b or any class of TSO-C74c as appropriate;
or
(ii) The appropriate class of TSO-C112 (Mode S).
(2) After July 1, 1992: The appropriate class of TSO-C112 (Mode S).
For purposes of paragraph (a)(2) of this section, ''installation'' does
not include --
(i) Temporary installation of TSO-C74b or TSO-C74c substitute
equipment, as appropriate, during maintenance of the permanent
equipment;
(ii) Reinstallation of equipment after temporary removal for
maintenance; or
(iii) For fleet operations, installation of equipment in a fleet
aircraft after removal of the equipment for maintenance from another
aircraft in the same operator's fleet.
(b) All airspace. Unless otherwise authorized or directed by ATC, no
person may operate an aircraft in the airspace described in paragraphs
(b)(1) through (b)(5) of this section, unless that aircraft is equipped
with an operable coded radar beacon transponder having either Mode 3/A
4096 code capability, replying to Mode 3/A interrogations with the code
specified by ATC, or a Mode S capability, replying to Mode 3/A
interrogations with the code specified by ATC and intermode and Mode S
interrogations in accordance with the applicable provisions specified in
TSO C-112, and that aircraft is equipped with automatic pressure
altitude reporting equipment having a Mode C capability that
automatically replies to Mode C interrogations by transmitting pressure
altitude information in 100-foot increments. This requirement applies
--
(1) All aircraft. In terminal control areas and positive control
areas;
(2) Effective July 1, 1989 -- All aircraft. In all airspace within
30 nautical miles of a terminal control area primary airport from the
surface upward to 10,000 feet MSL;
(3) Effective July 1, 1989. Notwithstanding paragraph (b)(2) of this
section, any aircraft which was not originally certificated with an
engine-driven electrical system or which has not subsequently been
certified with such a system installed, balloon, or glider may conduct
operations in the airspace within 30 nautical miles of a terminal
control area primary airport provided such operations are conducted --
(i) Outside any terminal control area and positive control area; and
(ii) Below the altitude of the terminal control area ceiling or
10,000 feet MSL whichever is lower; and
(4) Effective December 30, 1990 -- All aircraft. (i) In the airspace
of an airport radar service area, and
(ii) In all airspace above the ceiling and within the lateral
boundaries of an airport radar service area upward to 10,000 feet MSL;
and
(5) All aircraft except any aircraft which was not originally
certificated with an engine-driven electrical system or which has not
subsequently been certified with such a system installed, balloon, or
glider. (i) In all airspace of the 48 contiguous states and the
District of Columbia:
(A) Through June 30, 1989. Above 12,500 feet MSL and below the floor
of a positive control area, excluding the airspace at and below 2,500
feet AGL.
(B) Effective July 1, 1989. At and above 10,000 feet MSL and below
the floor of a positive control area, excluding the airspace at and
below 2,500 feet AGL; and
(ii) Effective December 30, 1990. In the airspace from the surface
to 10,000 feet MSL within a 10-nautical-mile radius of any airport
listed in appendix D of this part excluding the airspace below 1,200
feet AGL outside of the airport traffic area for that airport.
(c) Transponder-on operation. While in the airspace as specified in
paragraph (b) of this section or in all controlled airspace, each person
operating an aircraft equipped with an operable ATC transponder
maintained in accordance with 91.413 of this part shall operate the
transponder, including Mode C equipment if installed, and shall reply on
the appropriate code or as assigned by ATC.
(d) ATC authorized deviations. Requests for ATC authorized
deviations must be made to the ATC facility having jurisdiction over the
concerned airspace within the time periods specified as follows:
(1) For operation of an aircraft with an operating transponder but
without operating automatic pressure altitude reporting equipment having
a Mode C capability, the request may be made at any time.
(2) For operation of an aircraft with an inoperative transponder to
the airport of ultimate destination, including any intermediate stops,
or to proceed to a place where suitable repairs can be made or both, the
request may be made at any time.
(3) For operation of an aircraft that is not equipped with a
transponder, the request must be made at least one hour before the
proposed operation.
(Approved by the Office of Management and Budget under control number
2120-0005)
(Doc. No. 18334, 54 FR 34304, Aug. 18, 1989, as amended bu Amdt.
91-221, 56 FR 469, Jan. 4, 1991; Amdt. 91-227, 56 FR 65658, Dec. 17,
1991; Amdt. 91-227, 7 FR 328, Jan. 3, 1992)
Effective Date Note: By Amdt. 91-227, 56 FR 65657, Dec. 17, 1991,
91.215 was amended by revising paragraphs (b)(1) through (5), effective
September 16, 1993. For the convenience of the user, the revised text
follows.
91.215 ATC transponder and altitude reporting equipment and use.
(b) * * *
(1) All aircraft. In Class A, Class B, and Class C airspace areas;
(2) All aircraft. In all airspace within 30 nautical miles of an
airport listed in appendix D, section 1 of this part from the surface
upward to 10,000 feet MSL;
(3) Notwithstanding paragraph (b)(2) of this section, any aircraft
which was not originally certificated with an engine-driven electrical
system or which has not subsequently been certified with such a system
installed, balloon or glider may conduct operations in the airspace
within 30 nautical miles of an airport listed in appendix D, section 1
of this part provided such operations are conducted --
(i) Outside any Class A, Class B, or Class C airspace area; and
(ii) Below the altitude of the ceiling of a Class B or Class C
airspace area designated for an airport or 10,000 feet MSL, whichever is
lower; and
(4) All aircraft in all airspace above the ceiling and within the
lateral boundaries of a Class B or Class C airspace area designated for
an airport upward to 10,000 feet MSL; and
(5) All aircraft except any aircraft which was not originally
certificated with an engine-driven electrical system or which has not
subsequently been certified with such a system installed, balloon, or
glider ----
(i) In all airspace of the 48 contiguous states and the District of
Columbia at and above 10,000 feet MSL, excluding the airspace at and
below 2,500 feet above the surface; and
(ii) In the airspace from the surface to 10,000 feet MSL within a
10-nautical-mile radius of any airport listed in appendix D, section 2
of this part, excluding the airspace below 1,200 feet outside of the
lateral boundaries of the surface area of the airspace designated for
that airport.
14 CFR 91.217 Data correspondence between automatically reported
pressure altitude data and the pilot's altitude reference.
No person may operate any automatic pressure altitude reporting
equipment associated with a radar beacon transponder --
(a) When deactivation of that equipment is directed by ATC;
(b) Unless, as installed, that equipment was tested and calibrated to
transmit altitude data corresponding within 125 feet (on a 95 percent
probability basis) of the indicated or calibrated datum of the altimeter
normally used to maintain flight altitude, with that altimeter
referenced to 29.92 inches of mercury for altitudes from sea level to
the maximum operating altitude of the aircraft; or
(c) Unless the altimeters and digitizers in that equipment meet the
standards of TSO-C10b and TSO-C88, respectively.
14 CFR 91.219 Altitude alerting system or device: Turbojet-powered
civil airplanes.
(a) Except as provided in paragraph (d) of this section, no person
may operate a turbojet-powered U.S.-registered civil airplane unless
that airplane is equipped with an approved altitude alerting system or
device that is in operable condition and meets the requirements of
paragraph (b) of this section.
(b) Each altitude alerting system or device required by paragraph (a)
of this section must be able to --
(1) Alert the pilot --
(i) Upon approaching a preselected altitude in either ascent or
descent, by a sequence of both aural and visual signals in sufficient
time to establish level flight at that preselected altitude; or
(ii) Upon approaching a preselected altitude in either ascent or
descent, by a sequence of visual signals in sufficient time to establish
level flight at that preselected altitude, and when deviating above and
below that preselected altitude, by an aural signal;
(2) Provide the required signals from sea level to the highest
operating altitude approved for the airplane in which it is installed;
(3) Preselect altitudes in increments that are commensurate with the
altitudes at which the aircraft is operated;
(4) Be tested without special equipment to determine proper operation
of the alerting signals; and
(5) Accept necessary barometric pressure settings if the system or
device operates on barometric pressure. However, for operation below
3,000 feet AGL, the system or device need only provide one signal,
either visual or aural, to comply with this paragraph. A radio
altimeter may be included to provide the signal if the operator has an
approved procedure for its use to determine DH or MDA, as appropriate.
(c) Each operator to which this section applies must establish and
assign procedures for the use of the altitude alerting system or device
and each flight crewmember must comply with those procedures assigned to
him.
(d) Paragraph (a) of this section does not apply to any operation of
an airplane that has an experimental certificate or to the operation of
any airplane for the following purposes:
(1) Ferrying a newly acquired airplane from the place where
possession of it was taken to a place where the altitude alerting system
or device is to be installed.
(2) Continuing a flight as originally planned, if the altitude
alerting system or device becomes inoperative after the airplane has
taken off; however, the flight may not depart from a place where repair
or replacement can be made.
(3) Ferrying an airplane with any inoperative altitude alerting
system or device from a place where repairs or replacements cannot be
made to a place where it can be made.
(4) Conducting an airworthiness flight test of the airplane.
(5) Ferrying an airplane to a place outside the United States for the
purpose of registering it in a foreign country.
(6) Conducting a sales demonstration of the operation of the
airplane.
(7) Training foreign flight crews in the operation of the airplane
before ferrying it to a place outside the United States for the purpose
of registering it in a foreign country.
14 CFR 91.221 Traffic alert and collision avoidance system equipment
and use.
(a) All airspace: U.S.-registered civil aircraft. Any traffic alert
and collision avoidance system installed in a U.S.-registered civil
aircraft must be approved by the Administrator.
(b) Traffic alert and collision avoidance system, operation required.
Each person operating an aircraft equipped with an operable traffic
alert and collision avoidance system shall have that system on and
operating.
91.223 -- 91.299 (Reserved)
14 CFR 91.221 Subpart D -- Special Flight Operations
Source: Docket No. 18334, 54 FR 34308, Aug. 18, 1989, unless
otherwise noted.
91.301 (Reserved)
14 CFR 91.303 Aerobatic flight.
No person may operate an aircraft in aerobatic flight --
(a) Over any congested area of a city, town, or settlement;
(b) Over an open air assembly of persons;
(c) Within a control zone or Federal airway;
(d) Below an altitude of 1,500 feet above the surface; or
(e) When flight visibility is less than 3 statute miles.
For the purposes of this section, aerobatic flight means an
intentional maneuver involving an abrupt change in an aircraft's
attitude, an abnormal attitude, or abnormal acceleration, not necessary
for normal flight.
(Doc. No. 18834, 54 FR 34308, Aug. 18, 1989, as amended by Amdt.
91-227, 56 FR 65661, Dec. 17, 1991)
Effective Date Note: By Amdt. 91-227, 56 FR 65661, Dec. 17, 1991,
91.303 was amended by revising paragraphs (c), (d), and (e) and adding
paragraph (f), effective September 16, 1993. For the convenience of the
user, the revised and new text follows.
91.303 Aerobatic flight.
(c) Within the lateral boundaries of the surface areas of Class B,
Class C, Class D, or Class E airspace designated for an airport;
(d) Within 4 nautical miles of the center line of any Federal airway;
(e) Below an altitude of 1,500 feet above the surface; or
(f) When flight visibility is less than 3 statute miles.
14 CFR 91.305 Flight test areas.
No person may flight test an aircraft except over open water, or
sparsely populated areas, having light air traffic.
14 CFR 91.307 Parachutes and parachuting.
(a) No pilot of a civil aircraft may allow a parachute that is
available for emergency use to be carried in that aircraft unless it is
an approved type and --
(1) If a chair type (canopy in back), it has been packed by a
certificated and appropriately rated parachute rigger within the
preceding 120 days; or
(2) If any other type, it has been packed by a certificated and
appropriately rated parachute rigger --
(i) Within the preceding 120 days, if its canopy, shrouds, and
harness are composed exclusively of nylon, rayon, or other similar
synthetic fiber or materials that are substantially resistant to damage
from mold, mildew, or other fungi and other rotting agents propagated in
a moist environment; or
(ii) Within the preceding 60 days, if any part of the parachute is
composed of silk, pongee, or other natural fiber, or materials not
specified in paragraph (a)(2)(i) of this section.
(b) Except in an emergency, no pilot in command may allow, and no
person may make, a parachute jump from an aircraft within the United
States except in accordance with part 105.
(c) Unless each occupant of the aircraft is wearing an approved
parachute, no pilot of a civil aircraft carrying any person (other than
a crewmember) may execute any intentional maneuver that exceeds --
(1) A bank of 60 degrees relative to the horizon; or
(2) A nose-up or nose-down attitude of 30 degrees relative to the
horizon.
(d) Paragraph (c) of this section does not apply to --
(1) Flight tests for pilot certification or rating; or
(2) Spins and other flight maneuvers required by the regulations for
any certificate or rating when given by --
(i) A certificated flight instructor; or
(ii) An airline transport pilot instructing in accordance with
61.169 of this chapter.
(e) For the purposes of this section, approved parachute means --
(1) A parachute manufactured under a type certificate or a technical
standard order (C-23 series); or
(2) A personnel-carrying military parachute identified by an NAF,
AAF, or AN drawing number, an AAF order number, or any other military
designation or specification number.
14 CFR 91.309 Towing: Gliders.
(a) No person may operate a civil aircraft towing a glider unless --
(1) The pilot in command of the towing aircraft is qualified under
61.69 of this chapter;
(2) The towing aircraft is equipped with a tow-hitch of a kind, and
installed in a manner, that is approved by the Administrator;
(3) The towline used has breaking strength not less than 80 percent
of the maximum certificated operating weight of the glider and not more
than twice this operating weight. However, the towline used may have a
breaking strength more than twice the maximum certificated operating
weight of the glider if --
(i) A safety link is installed at the point of attachment of the
towline to the glider with a breaking strength not less than 80 percent
of the maximum certificated operating weight of the glider and not
greater than twice this operating weight.
(ii) A safety link is installed at the point of attachment of the
towline to the towing aircraft with a breaking strength greater, but not
more than 25 percent greater, than that of the safety link at the towed
glider end of the towline and not greater than twice the maximum
certificated operating weight of the glider;
(4) Before conducting any towing operation within a control zone, or
before making each towing flight within a control zone if required by
ATC, the pilot in command notifies the control tower if one is in
operation in that control zone. If such a control tower is not in
operation, the pilot in command must notify the FAA Flight Service
Station serving the control zone before conducting any towing operation
in that control zone; and
(5) The pilots of the towing aircraft and the glider have agreed upon
a general course of action, including takeoff and release signals,
airspeeds, and emergency procedures for each pilot.
(b) No pilot of a civil aircraft may intentionally release a towline,
after release of a glider, in a manner that endangers the life or
property of another.
(Doc. No. 18834, 54 FR 34308, Aug. 18, 1989, as amended by Amdt.
91-227, 56 FR 65661, Dec. 17, 1991)
Effective Date Note: By Amdt. 91-227, 56 FR 65661, Dec. 17, 1991,
91.309 was amended by revising paragraph (a)(4), effective September 16,
1993. For the convenience of the user, the revised text follows.
91.309 Towing: Gliders.
(a) * * *
(4) Before conducting any towing operation within the lateral
boundaries of the surface areas of Class B, Class C, Class D, or Class E
airspace designated for an airport, or before making each towing flight
within such controlled airspace if required by ATC, the pilot in command
notifies the control tower. If a control tower does not exist or is not
in operation, the pilot in command must notify the FAA flight service
station serving that controlled airspace before conducting any towing
operations in that airspace; and
14 CFR 91.311 Towing: Other than under 91.309.
No pilot of a civil aircraft may tow anything with that aircraft
(other than under 91.309) except in accordance with the terms of a
certificate of waiver issued by the Administrator.
14 CFR 91.313 Restricted category civil aircraft: Operating
limitations.
(a) No person may operate a restricted category civil aircraft --
(1) For other than the special purpose for which it is certificated;
or
(2) In an operation other than one necessary to accomplish the work
activity directly associated with that special purpose.
(b) For the purpose of paragraph (a) of this section, operating a
restricted category civil aircraft to provide flight crewmember training
in a special purpose operation for which the aircraft is certificated is
considered to be an operation for that special purpose.
(c) No person may operate a restricted category civil aircraft
carrying persons or property for compensation or hire. For the purposes
of this paragraph, a special purpose operation involving the carriage of
persons or material necessary to accomplish that operation, such as crop
dusting, seeding, spraying, and banner towing (including the carrying of
required persons or material to the location of that operation), and
operation for the purpose of providing flight crewmember training in a
special purpose operation, are not considered to be the carriage of
persons or property for compensation or hire.
(d) No person may be carried on a restricted category civil aircraft
unless that person --
(1) Is a flight crewmember;
(2) Is a flight crewmember trainee;
(3) Performs an essential function in connection with a special
purpose operation for which the aircraft is certificated; or
(4) Is necessary to accomplish the work activity directly associated
with that special purpose.
(e) Except when operating in accordance with the terms and conditions
of a certificate of waiver or special operating limitations issued by
the Administrator, no person may operate a restricted category civil
aircraft within the United States --
(1) Over a densely populated area;
(2) In a congested airway; or
(3) Near a busy airport where passenger transport operations are
conducted.
(f) This section does not apply to nonpassenger-carrying civil
rotorcraft external-load operations conducted under part 133 of this
chapter.
(g) No person may operate a small restricted-category civil airplane
manufactured after July 18, 1978, unless an approved shoulder harness is
installed for each front seat. The shoulder harness must be designed to
protect each occupant from serious head injury when the occupant
experiences the ultimate inertia forces specified in 23.561(b)(2) of
this chapter. The shoulder harness installation at each flight
crewmember station must permit the crewmember, when seated and with the
safety belt and shoulder harness fastened, to perform all functions
necessary for flight operation. For purposes of this paragraph --
(1) The date of manufacture of an airplane is the date the inspection
acceptance records reflect that the airplane is complete and meets the
FAA-approved type design data; and
(2) A front seat is a seat located at a flight crewmember station or
any seat located alongside such a seat.
14 CFR 91.315 Limited category civil aircraft: Operating limitations.
No person may operate a limited category civil aircraft carrying
persons or property for compensation or hire.
14 CFR 91.317 Provisionally certificated civil aircraft: Operating
limitations.
(a) No person may operate a provisionally certificated civil aircraft
unless that person is eligible for a provisional airworthiness
certificate under 21.213 of this chapter.
(b) No person may operate a provisionally certificated civil aircraft
outside the United States unless that person has specific authority to
do so from the Administrator and each foreign country involved.
(c) Unless otherwise authorized by the Director, Flight Standards
Service, no person may operate a provisionally certificated civil
aircraft in air transportation.
(d) Unless otherwise authorized by the Administrator, no person may
operate a provisionally certificated civil aircraft except --
(1) In direct conjunction with the type or supplemental type
certification of that aircraft;
(2) For training flight crews, including simulated air carrier
operations;
(3) Demonstration flight by the manufacturer for prospective
purchasers;
(4) Market surveys by the manufacturer;
(5) Flight checking of instruments, accessories, and equipment that
do not affect the basic airworthiness of the aircraft; or
(6) Service testing of the aircraft.
(e) Each person operating a provisionally certificated civil aircraft
shall operate within the prescribed limitations displayed in the
aircraft or set forth in the provisional aircraft flight manual or other
appropriate document. However, when operating in direct conjunction
with the type or supplemental type certification of the aircraft, that
person shall operate under the experimental aircraft limitations of
21.191 of this chapter and when flight testing, shall operate under the
requirements of 91.305 of this part.
(f) Each person operating a provisionally certificated civil aircraft
shall establish approved procedures for --
(1) The use and guidance of flight and ground personnel in operating
under this section; and
(2) Operating in and out of airports where takeoffs or approaches
over populated areas are necessary. No person may operate that aircraft
except in compliance with the approved procedures.
(g) Each person operating a provisionally certificated civil aircraft
shall ensure that each flight crewmember is properly certificated and
has adequate knowledge of, and familiarity with, the aircraft and
procedures to be used by that crewmember.
(h) Each person operating a provisionally certificated civil aircraft
shall maintain it as required by applicable regulations and as may be
specially prescribed by the Administrator.
(i) Whenever the manufacturer, or the Administrator, determines that
a change in design, construction, or operation is necessary to ensure
safe operation, no person may operate a provisionally certificated civil
aircraft until that change has been made and approved. Section 21.99 of
this chapter applies to operations under this section.
(j) Each person operating a provisionally certificated civil aircraft
--
(1) May carry in that aircraft only persons who have a proper
interest in the operations allowed by this section or who are
specifically authorized by both the manufacturer and the Administrator;
and
(2) Shall advise each person carried that the aircraft is
provisionally certificated.
(k) The Administrator may prescribe additional limitations or
procedures that the Administrator considers necessary, including
limitations on the number of persons who may be carried in the aircraft.
(Approved by the Office of Management and Budget under control number
2120-0005)
(Doc. No. 18334, 54 FR 34308, Aug. 18, 1989, as amended by Amdt.
91-212, 54 FR 39293, Sept. 25, 1989)
14 CFR 91.319 Aircraft having experimental certificates: Operating
limitations.
(a) No person may operate an aircraft that has an experimental
certificate --
(1) For other than the purpose for which the certificate was issued;
or
(2) Carrying persons or property for compensation or hire.
(b) No person may operate an aircraft that has an experimental
certificate outside of an area assigned by the Administrator until it is
shown that --
(1) The aircraft is controllable throughout its normal range of
speeds and throughout all the maneuvers to be executed; and
(2) The aircraft has no hazardous operating characteristics or design
features.
(c) Unless otherwise authorized by the Administrator in special
operating limitations, no person may operate an aircraft that has an
experimental certificate over a densely populated area or in a congested
airway. The Administrator may issue special operating limitations for
particular aircraft to permit takeoffs and landings to be conducted over
a densely populated area or in a congested airway, in accordance with
terms and conditions specified in the authorization in the interest of
safety in air commerce.
(d) Each person operating an aircraft that has an experimental
certificate shall --
(1) Advise each person carried of the experimental nature of the
aircraft;
(2) Operate under VFR, day only, unless otherwise specifically
authorized by the Administrator; and
(3) Notify the control tower of the experimental nature of the
aircraft when operating the aircraft into or out of airports with
operating control towers.
(e) The Administrator may prescribe additional limitations that the
Administrator considers necessary, including limitations on the persons
that may be carried in the aircraft.
(Approved by the Office of Management and Budget under control number
2120-0005)
14 CFR 91.321 Carriage of candidates in Federal elections.
(a) An aircraft operator, other than one operating an aircraft under
the rules of part 121, 125, or 135 of this chapter, may receive payment
for the carriage of a candidate in a Federal election, an agent of the
candidate, or a person traveling on behalf of the candidate, if --
(1) That operator's primary business is not as an air carrier or
commercial operator;
(2) The carriage is conducted under the rules of this part 91; and
(3) The payment for the carriage is required, and does not exceed the
amount required to be paid, by regulations of the Federal Election
Commission (11 CFR et seq.).
(b) For the purposes of this section, the terms candidate and
election have the same meaning as that set forth in the regulations of
the Federal Election Commission.
14 CFR 91.323 Increased maximum certificated weights for certain
airplanes operated in Alaska.
(a) Notwithstanding any other provision of the Federal Aviation
Regulations, the Administrator will approve, as provided in this
section, an increase in the maximum certificated weight of an airplane
type certificated under Aeronautics Bulletin No. 7-A of the U.S.
Department of Commerce dated January 1, 1931, as amended, or under the
normal category of part 4a of the former Civil Air Regulations (14 CFR
part 4a, 1964 ed.) if that airplane is operated in the State of Alaska
by --
(1) An air taxi operator or other air carrier; or
(2) The U.S. Department of Interior in conducting its game and fish
law enforcement activities or its management, fire detection, and fire
suppression activities concerning public lands.
(b) The maximum certificated weight approved under this section may
not exceed --
(1) 12,500 pounds;
(2) 115 percent of the maximum weight listed in the FAA aircraft
specifications;
(3) The weight at which the airplane meets the positive maneuvering
load factor requirement for the normal category specified in 23.337 of
this chapter; or
(4) The weight at which the airplane meets the climb performance
requirements under which it was type certificated.
(c) In determining the maximum certificated weight, the Administrator
considers the structural soundness of the airplane and the terrain to be
traversed.
(d) The maximum certificated weight determined under this section is
added to the airplane's operation limitations and is identified as the
maximum weight authorized for operations within the State of Alaska.
(Doc. No. 18334, 54 FR 34308, Aug. 18, 1989; Amdt. 91-211, 54 FR
41211, Oct. 5, 1989)
91.325 -- 91.399 (Reserved)
14 CFR 91.323 Subpart E -- Maintenance, Preventive Maintenance, and
Alterations
Source: Docket No. 18334, 54 FR 34311, Aug. 18, 1989, unless
otherwise noted.
14 CFR 91.401 Applicability.
(a) This subpart prescribes rules governing the maintenance,
preventive maintenance, and alterations of U.S.-registered civil
aircraft operating within or outside of the United States.
(b) Sections 91.405, 91.409, 91.411, 91.417, and 91.419 of this
subpart do not apply to an aircraft maintained in accordance with a
continuous airworthiness maintenance program as provided in part 121,
127, 129, or 135.411(a)(2) of this chapter.
(c) Sections 91.405 and 91.409 of this part do not apply to an
airplane inspected in accordance with part 125 of this chapter.
14 CFR 91.403 General.
(a) The owner or operator of an aircraft is primarily responsible for
maintaining that aircraft in an airworthy condition, including
compliance with part 39 of this chapter.
(b) No person may perform maintenance, preventive maintenance, or
alterations on an aircraft other than as prescribed in this subpart and
other applicable regulations, including part 43 of this chapter.
(c) No person may operate an aircraft for which a manufacturer's
maintenance manual or instructions for continued airworthiness has been
issued that contains an airworthiness limitations section unless the
mandatory replacement times, inspection intervals, and related
procedures specified in that section or alternative inspection intervals
and related procedures set forth in an operations specification approved
by the Administrator under part 121, 127 or 135 of this chapter or in
accordance with an inspection program approved under 91.409(e) have
been complied with.
14 CFR 91.405 Maintenance required.
Each owner or operator of an aircraft --
(a) Shall have that aircraft inspected as prescribed in subpart E of
this part and shall between required inspections, except as provided in
paragraph (c) of this section, have discrepancies repaired as prescribed
in part 43 of this chapter;
(b) Shall ensure that maintenance personnel make appropriate entries
in the aircraft maintenance records indicating the aircraft has been
approved for return to service;
(c) Shall have any inoperative instrument or item of equipment,
permitted to be inoperative by 91.213(d)(2) of this part, repaired,
replaced, removed, or inspected at the next required inspection; and
(d) When listed discrepancies include inoperative instruments or
equipment, shall ensure that a placard has been installed as required by
43.11 of this chapter.
14 CFR 91.407 Operation after maintenance, preventive maintenance,
rebuilding, or alteration.
(a) No person may operate any aircraft that has undergone
maintenance, preventive maintenance, rebuilding, or alteration unless --
(1) It has been approved for return to service by a person authorized
under 43.7 of this chapter; and
(2) The maintenance record entry required by 43.9 or 43.11, as
applicable, of this chapter has been made.
(b) No person may carry any person (other than crewmembers) in an
aircraft that has been maintained, rebuilt, or altered in a manner that
may have appreciably changed its flight characteristics or substantially
affected its operation in flight until an appropriately rated pilot with
at least a private pilot certificate flies the aircraft, makes an
operational check of the maintenance performed or alteration made, and
logs the flight in the aircraft records.
(c) The aircraft does not have to be flown as required by paragraph
(b) of this section if, prior to flight, ground tests, inspection, or
both show conclusively that the maintenance, preventive maintenance,
rebuilding, or alteration has not appreciably changed the flight
characteristics or substantially affected the flight operation of the
aircraft.
(Approved by the Office of Management and Budget under control number
2120-0005)
14 CFR 91.409 Inspections.
(a) Except as provided in paragraph (c) of this section, no person
may operate an aircraft unless, within the preceding 12 calendar months,
it has had --
(1) An annual inspection in accordance with part 43 of this chapter
and has been approved for return to service by a person authorized by
43.7 of this chapter; or
(2) An inspection for the issuance of an airworthiness certificate in
accordance with part 21 of this chapter.
No inspection performed under paragraph (b) of this section may be
substituted for any inspection required by this paragraph unless it is
performed by a person authorized to perform annual inspections and is
entered as an ''annual'' inspection in the required maintenance records.
(b) Except as provided in paragraph (c) of this section, no person
may operate an aircraft carrying any person (other than a crewmember)
for hire, and no person may give flight instruction for hire in an
aircraft which that person provides, unless within the preceding 100
hours of time in service the aircraft has received an annual or 100-hour
inspection and been approved for return to service in accordance with
part 43 of this chapter or has received an inspection for the issuance
of an airworthiness certificate in accordance with part 21 of this
chapter. The 100-hour limitation may be exceeded by not more than 10
hours while en route to reach a place where the inspection can be done.
The excess time used to reach a place where the inspection can be done
must be included in computing the next 100 hours of time in service.
(c) Paragraphs (a) and (b) of this section do not apply to --
(1) An aircraft that carries a special flight permit, a current
experimental certificate, or a provisional airworthiness certificate;
(2) An aircraft inspected in accordance with an approved aircraft
inspection program under part 125, 127, or 135 of this chapter and so
identified by the registration number in the operations specifications
of the certificate holder having the approved inspection program;
(3) An aircraft subject to the requirements of paragraph (d) or (e)
of this section; or
(4) Turbine-powered rotorcraft when the operator elects to inspect
that rotorcraft in accordance with paragraph (e) of this section.
(d) Progressive inspection. Each registered owner or operator of an
aircraft desiring to use a progressive inspection program must submit a
written request to the FAA Flight Standards district office having
jurisdiction over the area in which the applicant is located, and shall
provide --
(1) A certificated mechanic holding an inspection authorization, a
certificated airframe repair station, or the manufacturer of the
aircraft to supervise or conduct the progressive inspection;
(2) A current inspection procedures manual available and readily
understandable to pilot and maintenance personnel containing, in detail
--
(i) An explanation of the progressive inspection, including the
continuity of inspection responsibility, the making of reports, and the
keeping of records and technical reference material;
(ii) An inspection schedule, specifying the intervals in hours or
days when routine and detailed inspections will be performed and
including instructions for exceeding an inspection interval by not more
than 10 hours while en route and for changing an inspection interval
because of service experience;
(iii) Sample routine and detailed inspection forms and instructions
for their use; and
(iv) Sample reports and records and instructions for their use;
(3) Enough housing and equipment for necessary disassembly and proper
inspection of the aircraft; and
(4) Appropriate current technical information for the aircraft.
The frequency and detail of the progressive inspection shall provide
for the complete inspection of the aircraft within each 12 calendar
months and be consistent with the manufacturer's recommendations, field
service experience, and the kind of operation in which the aircraft is
engaged. The progressive inspection schedule must ensure that the
aircraft, at all times, will be airworthy and will conform to all
applicable FAA aircraft specifications, type certificate data sheets,
airworthiness directives, and other approved data. If the progressive
inspection is discontinued, the owner or operator shall immediately
notify the local FAA Flight Standards district office, in writing, of
the discontinuance. After the discontinuance, the first annual
inspection under 91.409(a)(1) is due within 12 calendar months after
the last complete inspection of the aircraft under the progressive
inspection. The 100-hour inspection under 91.409(b) is due within 100
hours after that complete inspection. A complete inspection of the
aircraft, for the purpose of determining when the annual and 100-hour
inspections are due, requires a detailed inspection of the aircraft and
all its components in accordance with the progressive inspection. A
routine inspection of the aircraft and a detailed inspection of several
components is not considered to be a complete inspection.
(e) Large airplanes (to which part 125 is not applicable), turbojet
multiengine airplanes, turbopropeller-powered multiengine airplanes, and
turbine-powered rotorcraft. No person may operate a large airplane,
turbojet multiengine airplane, turbopropeller-powered multiengine
airplane, or turbine-powered rotorcraft unless the replacement times for
life-limited parts specified in the aircraft specifications, type data
sheets, or other documents approved by the Administrator are complied
with and the airplane or turbine-powered rotorcraft, including the
airframe, engines, propellers, rotors, appliances, survival equipment,
and emergency equipment, is inspected in accordance with an inspection
program selected under the provisions of paragraph (f) of this section,
except that, the owner or operator of a turbine-powered rotorcraft may
elect to use the inspection provisions of 91.409(a), (b), (c), or (d)
in lieu of an inspection option of 91.409(f).
(f) Selection of inspection program under paragraph (e) of this
section. The registered owner or operator of each airplane or
turbine-powered rotorcraft described in paragraph (e) of this section
must select, identify in the aircraft maintenance records, and use one
of the following programs for the inspection of the aircraft:
(1) A continuous airworthiness inspection program that is part of a
continuous airworthiness maintenance program currently in use by a
person holding an air carrier operating certificate or an operating
certificate issued under part 121, 127, or 135 of this chapter and
operating that make and model aircraft under part 121 of this chapter or
operating that make and model under part 135 of this chapter and
maintaining it under 135.411(a)(2) of this chapter.
(2) An approved aircraft inspection program approved under 135.419
of this chapter and currently in use by a person holding an operating
certificate issued under part 135 of this chapter.
(3) A current inspection program recommended by the manufacturer.
(4) Any other inspection program established by the registered owner
or operator of that airplane or turbine-powered rotorcraft and approved
by the Administrator under paragraph (g) of this section. However, the
Administrator may require revision of this inspection program in
accordance with the provisions of 91.415.
Each operator shall include in the selected program the name and
address of the person responsible for scheduling the inspections
required by the program and make a copy of that program available to the
person performing inspections on the aircraft and, upon request, to the
Administrator.
(g) Inspection program approved under paragraph (e) of this section.
Each operator of an airplane or turbine-powered rotorcraft desiring to
establish or change an approved inspection program under paragraph
(f)(4) of this section must submit the program for approval to the local
FAA Flight Standards district office having jurisdiction over the area
in which the aircraft is based. The program must be in writing and
include at least the following information:
(1) Instructions and procedures for the conduct of inspections for
the particular make and model airplane or turbine-powered rotorcraft,
including necessary tests and checks. The instructions and procedures
must set forth in detail the parts and areas of the airframe, engines,
propellers, rotors, and appliances, including survival and emergency
equipment required to be inspected.
(2) A schedule for performing the inspections that must be performed
under the program expressed in terms of the time in service, calendar
time, number of system operations, or any combination of these.
(h) Changes from one inspection program to another. When an operator
changes from one inspection program under paragraph (f) of this section
to another, the time in service, calendar times, or cycles of operation
accumulated under the previous program must be applied in determining
inspection due times under the new program.
(Approved by the Office of Management and Budget under control number
2120-0005)
(Doc. No. 18334, 54 FR 34311, Aug. 18, 1989; Amdt. 91-211, 54 FR
41211, Oct. 5, 1989)
14 CFR 91.411 Altimeter system and altitude reporting equipment tests
and inspections.
(a) No person may operate an airplane, or helicopter, in controlled
airspace under IFR unless --
(1) Within the preceding 24 calendar months, each static pressure
system, each altimeter instrument, and each automatic pressure altitude
reporting system has been tested and inspected and found to comply with
appendix E of part 43 of this chapter;
(2) Except for the use of system drain and alternate static pressure
valves, following any opening and closing of the static pressure system,
that system has been tested and inspected and found to comply with
paragraph (a), appendices E and F, of part 43 of this chapter; and
(3) Following installation or maintenance on the automatic pressure
altitude reporting system of the ATC transponder where data
correspondence error could be introduced, the integrated system has been
tested, inspected, and found to comply with paragraph (c), appendix E,
of part 43 of this chapter.
(b) The tests required by paragraph (a) of this section must be
conducted by --
(1) The manufacturer of the airplane, or helicopter, on which the
tests and inspections are to be performed;
(2) A certificated repair station properly equipped to perform those
functions and holding --
(i) An instrument rating, Class I;
(ii) A limited instrument rating appropriate to the make and model of
appliance to be tested;
(iii) A limited rating appropriate to the test to be performed;
(iv) An airframe rating appropriate to the airplane, or helicopter,
to be tested; or
(v) A limited rating for a manufacturer issued for the appliance in
accordance with 145.101(b)(4) of this chapter; or
(3) A certificated mechanic with an airframe rating (static pressure
system tests and inspections only).
(c) Altimeter and altitude reporting equipment approved under
Technical Standard Orders are considered to be tested and inspected as
of the date of their manufacture.
(d) No person may operate an airplane, or helicopter, in controlled
airspace under IFR at an altitude above the maximum altitude at which
all altimeters and the automatic altitude reporting system of that
airplane, or helicopter, have been tested.
14 CFR 91.413 ATC transponder tests and inspections.
(a) No persons may use an ATC transponder that is specified in
91.215(a), 121.345(c), 127.123(b), or 135.143(c) of this chapter
unless, within the preceding 24 calendar months, the ATC transponder has
been tested and inspected and found to comply with appendix F of part 43
of this chapter; and
(b) Following any installation or maintenance on an ATC transponder
where data correspondence error could be introduced, the integrated
system has been tested, inspected, and found to comply with paragraph
(c), appendix E, of part 43 of this chapter.
(c) The tests and inspections specified in this section must be
conducted by --
(1) A certificated repair station properly equipped to perform those
functions and holding --
(i) A radio rating, Class III;
(ii) A limited radio rating appropriate to the make and model
transponder to be tested;
(iii) A limited rating appropriate to the test to be performed;
(iv) A limited rating for a manufacturer issued for the transponder
in accordance with 145.101(b)(4) of this chapter; or
(2) A holder of a continuous airworthiness maintenance program as
provided in part 121, 127 or 135.411(a)(2) of this chapter; or
(3) The manufacturer of the aircraft on which the transponder to be
tested is installed, if the transponder was installed by that
manufacturer.
14 CFR 91.415 Changes to aircraft inspection programs.
(a) Whenever the Administrator finds that revisions to an approved
aircraft inspection program under 91.409(f)(4) are necessary for the
continued adequacy of the program, the owner or operator shall, after
notification by the Administrator, make any changes in the program found
to be necessary by the Administrator.
(b) The owner or operator may petition the Administrator to
reconsider the notice to make any changes in a program in accordance
with paragraph (a) of this section.
(c) The petition must be filed with the FAA Flight Standards district
office which requested the change to the program within 30 days after
the certificate holder receives the notice.
(d) Except in the case of an emergency requiring immediate action in
the interest of safety, the filing of the petition stays the notice
pending a decision by the Administrator.
14 CFR 91.417 Maintenance records.
(a) Except for work performed in accordance with 91.411 and 91.413,
each registered owner or operator shall keep the following records for
the periods specified in paragraph (b) of this section:
(1) Records of the maintenance, preventive maintenance, and
alteration and records of the 100-hour, annual, progressive, and other
required or approved inspections, as appropriate, for each aircraft
(including the airframe) and each engine, propeller, rotor, and
appliance of an aircraft. The records must include --
(i) A description (or reference to data acceptable to the
Administrator) of the work performed; and
(ii) The date of completion of the work performed; and
(iii) The signature, and certificate number of the person approving
the aircraft for return to service.
(2) Records containing the following information:
(i) The total time in service of the airframe, each engine, each
propeller, and each rotor.
(ii) The current status of life-limited parts of each airframe,
engine, propeller, rotor, and appliance.
(iii) The time since last overhaul of all items installed on the
aircraft which are required to be overhauled on a specified time basis.
(iv) The current inspection status of the aircraft, including the
time since the last inspection required by the inspection program under
which the aircraft and its appliances are maintained.
(v) The current status of applicable airworthiness directives (AD)
including, for each, the method of compliance, the AD number, and
revision date. If the AD involves recurring action, the time and date
when the next action is required.
(vi) Copies of the forms prescribed by 43.9(a) of this chapter for
each major alteration to the airframe and currently installed engines,
rotors, propellers, and appliances.
(b) The owner or operator shall retain the following records for the
periods prescribed:
(1) The records specified in paragraph (a)(1) of this section shall
be retained until the work is repeated or superseded by other work or
for 1 year after the work is performed.
(2) The records specified in paragraph (a)(2) of this section shall
be retained and transferred with the aircraft at the time the aircraft
is sold.
(3) A list of defects furnished to a registered owner or operator
under 43.11 of this chapter shall be retained until the defects are
repaired and the aircraft is approved for return to service.
(c) The owner or operator shall make all maintenance records required
to be kept by this section available for inspection by the Administrator
or any authorized representative of the National Transportation Safety
Board (NTSB). In addition, the owner or operator shall present Form 337
described in paragraph (d) of this section for inspection upon request
of any law enforcement officer.
(d) When a fuel tank is installed within the passenger compartment or
a baggage compartment pursuant to part 43 of this chapter, a copy of FAA
Form 337 shall be kept on board the modified aircraft by the owner or
operator.
(Approved by the Office of Management and Budget under control number
2120-0005)
14 CFR 91.419 Transfer of maintenance records.
Any owner or operator who sells a U.S.-registered aircraft shall
transfer to the purchaser, at the time of sale, the following records of
that aircraft, in plain language form or in coded form at the election
of the purchaser, if the coded form provides for the preservation and
retrieval of information in a manner acceptable to the Administrator:
(a) The records specified in 91.417(a)(2).
(b) The records specified in 91.417(a)(1) which are not included in
the records covered by paragraph (a) of this section, except that the
purchaser may permit the seller to keep physical custody of such
records. However, custody of records by the seller does not relieve the
purchaser of the responsibility under 91.417(c) to make the records
available for inspection by the Administrator or any authorized
representative of the National Transportation Safety Board (NTSB).
14 CFR 91.421 Rebuilt engine maintenance records.
(a) The owner or operator may use a new maintenance record, without
previous operating history, for an aircraft engine rebuilt by the
manufacturer or by an agency approved by the manufacturer.
(b) Each manufacturer or agency that grants zero time to an engine
rebuilt by it shall enter in the new record --
(1) A signed statement of the date the engine was rebuilt;
(2) Each change made as required by airworthiness directives; and
(3) Each change made in compliance with manufacturer's service
bulletins, if the entry is specifically requested in that bulletin.
(c) For the purposes of this section, a rebuilt engine is a used
engine that has been completely disassembled, inspected, repaired as
necessary, reassembled, tested, and approved in the same manner and to
the same tolerances and limits as a new engine with either new or used
parts. However, all parts used in it must conform to the production
drawing tolerances and limits for new parts or be of approved oversized
or undersized dimensions for a new engine.
91.423 -- 91.499 (Reserved)
14 CFR 91.421 Subpart F -- Large and Turbine-Powered Multiengine
Airplanes
Source: Docket No. 18334, 54 FR 34314, Aug. 18, 1989, unless
otherwise noted.
14 CFR 91.501 Applicability.
(a) This subpart prescribes operating rules, in addition to those
prescribed in other subparts of this part, governing the operation of
large and of turbojet-powered multiengine civil airplanes of U.S.
registry. The operating rules in this subpart do not apply to those
airplanes when they are required to be operated under parts 121, 125,
129, 135, and 137 of this chapter. (Section 91.409 prescribes an
inspection program for large and for turbine-powered (turbojet and
turboprop) multiengine airplanes of U.S. registry when they are operated
under this part or part 129 or 137.)
(b) Operations that may be conducted under the rules in this subpart
instead of those in parts 121, 129, 135, and 137 of this chapter when
common carriage is not involved, include --
(1) Ferry or training flights;
(2) Aerial work operations such as aerial photography or survey, or
pipeline patrol, but not including fire fighting operations;
(3) Flights for the demonstration of an airplane to prospective
customers when no charge is made except for those specified in paragraph
(d) of this section;
(4) Flights conducted by the operator of an airplane for his personal
transportation, or the transportation of his guests when no charge,
assessment, or fee is made for the transportation;
(5) Carriage of officials, employees, guests, and property of a
company on an airplane operated by that company, or the parent or a
subsidiary of the company or a subsidiary of the parent, when the
carriage is within the scope of, and incidental to, the business of the
company (other than transportation by air) and no charge, assessment or
fee is made for the carriage in excess of the cost of owning, operating,
and maintaining the airplane, except that no charge of any kind may be
made for the carriage of a guest of a company, when the carriage is not
within the scope of, and incidental to, the business of that company;
(6) The carriage of company officials, employees, and guests of the
company on an airplane operated under a time sharing, interchange, or
joint ownership agreement as defined in paragraph (c) of this section;
(7) The carriage of property (other than mail) on an airplane
operated by a person in the furtherance of a business or employment
(other than transportation by air) when the carriage is within the scope
of, and incidental to, that business or employment and no charge,
assessment, or fee is made for the carriage other than those specified
in paragraph (d) of this section;
(8) The carriage on an airplane of an athletic team, sports group,
choral group, or similar group having a common purpose or objective when
there is no charge, assessment, or fee of any kind made by any person
for that carriage; and
(9) The carriage of persons on an airplane operated by a person in
the furtherance of a business other than transportation by air for the
purpose of selling them land, goods, or property, including franchises
or distributorships, when the carriage is within the scope of, and
incidental to, that business and no charge, assessment, or fee is made
for that carriage.
(c) As used in this section --
(1) A time sharing agreement means an arrangement whereby a person
leases his airplane with flight crew to another person, and no charge is
made for the flights conducted under that arrangement other than those
specified in paragraph (d) of this section;
(2) An interchange agreement means an arrangement whereby a person
leases his airplane to another person in exchange for equal time, when
needed, on the other person's airplane, and no charge, assessment, or
fee is made, except that a charge may be made not to exceed the
difference between the cost of owning, operating, and maintaining the
two airplanes;
(3) A joint ownership agreement means an arrangement whereby one of
the registered joint owners of an airplane employs and furnishes the
flight crew for that airplane and each of the registered joint owners
pays a share of the charge specified in the agreement.
(d) The following may be charged, as expenses of a specific flight,
for transportation as authorized by paragraphs (b) (3) and (7) and
(c)(1) of this section:
(1) Fuel, oil, lubricants, and other additives.
(2) Travel expenses of the crew, including food, lodging, and ground
transportation.
(3) Hangar and tie-down costs away from the aircraft's base of
operation.
(4) Insurance obtained for the specific flight.
(5) Landing fees, airport taxes, and similar assessments.
(6) Customs, foreign permit, and similar fees directly related to the
flight.
(7) In flight food and beverages.
(8) Passenger ground transportation.
(9) Flight planning and weather contract services.
(10) An additional charge equal to 100 percent of the expenses listed
in paragraph (d)(1) of this section.
14 CFR 91.503 Flying equipment and operating information.
(a) The pilot in command of an airplane shall ensure that the
following flying equipment and aeronautical charts and data, in current
and appropriate form, are accessible for each flight at the pilot
station of the airplane:
(1) A flashlight having at least two size ''D'' cells, or the
equivalent, that is in good working order.
(2) A cockpit checklist containing the procedures required by
paragraph (b) of this section.
(3) Pertinent aeronautical charts.
(4) For IFR, VFR over-the-top, or night operations, each pertinent
navigational en route, terminal area, and approach and letdown chart.
(5) In the case of multiengine airplanes, one-engine inoperative
climb performance data.
(b) Each cockpit checklist must contain the following procedures and
shall be used by the flight crewmembers when operating the airplane:
(1) Before starting engines.
(2) Before takeoff.
(3) Cruise.
(4) Before landing.
(5) After landing.
(6) Stopping engines.
(7) Emergencies.
(c) Each emergency cockpit checklist procedure required by paragraph
(b)(7) of this section must contain the following procedures, as
appropriate:
(1) Emergency operation of fuel, hydraulic, electrical, and
mechanical systems.
(2) Emergency operation of instruments and controls.
(3) Engine inoperative procedures.
(4) Any other procedures necessary for safety.
(d) The equipment, charts, and data prescribed in this section shall
be used by the pilot in command and other members of the flight crew,
when pertinent.
14 CFR 91.505 Familiarity with operating limitations and emergency
equipment.
(a) Each pilot in command of an airplane shall, before beginning a
flight, become familiar with the Airplane Flight Manual for that
airplane, if one is required, and with any placards, listings,
instrument markings, or any combination thereof, containing each
operating limitation prescribed for that airplane by the Administrator,
including those specified in 91.9(b).
(b) Each required member of the crew shall, before beginning a
flight, become familiar with the emergency equipment installed on the
airplane to which that crewmember is assigned and with the procedures to
be followed for the use of that equipment in an emergency situation.
14 CFR 91.507 Equipment requirements: Over-the-top or night VFR
operations.
No person may operate an airplane over-the-top or at night under VFR
unless that airplane is equipped with the instruments and equipment
required for IFR operations under 91.205(d) and one electric landing
light for night operations. Each required instrument and item of
equipment must be in operable condition.
14 CFR 91.509 Survival equipment for overwater operations.
(a) No person may take off an airplane for a flight over water more
than 50 nautical miles from the nearest shore unless that airplane is
equipped with a life preserver or an approved flotation means for each
occupant of the airplane.
(b) No person may take off an airplane for a flight over water more
than 30 minutes flying time or 100 nautical miles from the nearest shore
unless it has on board the following survival equipment:
(1) A life preserver, equipped with an approved survivor locator
light, for each occupant of the airplane.
(2) Enough liferafts (each equipped with an approved survival locator
light) of a rated capacity and buoyancy to accommodate the occupants of
the airplane.
(3) At least one pyrotechnic signaling device for each liferaft.
(4) One self-buoyant, water-resistant, portable emergency radio
signaling device that is capable of transmission on the appropriate
emergency frequency or frequencies and not dependent upon the airplane
power supply.
(5) A lifeline stored in accordance with 25.1411(g) of this chapter.
(c) The required liferafts, life preservers, and signaling devices
must be installed in conspicuously marked locations and easily
accessible in the event of a ditching without appreciable time for
preparatory procedures.
(d) A survival kit, appropriately equipped for the route to be flown,
must be attached to each required liferaft.
(e) As used in this section, the term shore means that area of the
land adjacent to the water which is above the high water mark and
excludes land areas which are intermittently under water.
14 CFR 91.511 Radio equipment for overwater operations.
(a) Except as provided in paragraphs (c) and (d) of this section, no
person may take off an airplane for a flight over water more than 30
minutes flying time or 100 nautical miles from the nearest shore unless
it has at least the following operable equipment:
(1) Radio communication equipment appropriate to the facilities to be
used and able to transmit to, and receive from, any place on the route,
at least one surface facility:
(i) Two transmitters.
(ii) Two microphones.
(iii) Two headsets or one headset and one speaker.
(iv) Two independent receivers.
(2) Appropriate electronic navigational equipment consisting of at
least two independent electronic navigation units capable of providing
the pilot with the information necessary to navigate the airplane within
the airspace assigned by air traffic control. However, a receiver that
can receive both communications and required navigational signals may be
used in place of a separate communications receiver and a separate
navigational signal receiver or unit.
(b) For the purposes of paragraphs (a)(1)(iv) and (a)(2) of this
section, a receiver or electronic navigation unit is independent if the
function of any part of it does not depend on the functioning of any
part of another receiver or electronic navigation unit.
(c) Notwithstanding the provisions of paragraph (a) of this section,
a person may operate an airplane on which no passengers are carried from
a place where repairs or replacement cannot be made to a place where
they can be made, if not more than one of each of the dual items of
radio communication and navigational equipment specified in paragraphs
(a)(1) (i) through (iv) and (a)(2) of this section malfunctions or
becomes inoperative.
(d) Notwithstanding the provisions of paragraph (a) of this section,
when both VHF and HF communications equipment are required for the route
and the airplane has two VHF transmitters and two VHF receivers for
communications, only one HF transmitter and one HF receiver is required
for communications.
(e) As used in this section, the term shore means that area of the
land adjacent to the water which is above the high-water mark and
excludes land areas which are intermittently under water.
14 CFR 91.513 Emergency equipment.
(a) No person may operate an airplane unless it is equipped with the
emergency equipment listed in this section.
(b) Each item of equipment --
(1) Must be inspected in accordance with 91.409 to ensure its
continued serviceability and immediate readiness for its intended
purposes;
(2) Must be readily accessible to the crew;
(3) Must clearly indicate its method of operation; and
(4) When carried in a compartment or container, must have that
compartment or container marked as to contents and date of last
inspection.
(c) Hand fire extinguishers must be provided for use in crew,
passenger, and cargo compartments in accordance with the following:
(1) The type and quantity of extinguishing agent must be suitable for
the kinds of fires likely to occur in the compartment where the
extinguisher is intended to be used.
(2) At least one hand fire extinguisher must be provided and located
on or near the flight deck in a place that is readily accessible to the
flight crew.
(3) At least one hand fire extinguisher must be conveniently located
in the passenger compartment of each airplane accommodating more than
six but less than 31 passengers, and at least two hand fire
extinguishers must be conveniently located in the passenger compartment
of each airplane accommodating more than 30 passengers.
(4) Hand fire extinguishers must be installed and secured in such a
manner that they will not interfere with the safe operation of the
airplane or adversely affect the safety of the crew and passengers.
They must be readily accessible and, unless the locations of the fire
extinguishers are obvious, their stowage provisions must be properly
identified.
(d) First aid kits for treatment of injuries likely to occur in
flight or in minor accidents must be provided.
(e) Each airplane accommodating more than 19 passengers must be
equipped with a crash axe.
(f) Each passenger-carrying airplane must have a portable
battery-powered megaphone or megaphones readily accessible to the
crewmembers assigned to direct emergency evacuation, installed as
follows:
(1) One megaphone on each airplane with a seating capacity of more
than 60 but less than 100 passengers, at the most rearward location in
the passenger cabin where it would be readily accessible to a normal
flight attendant seat. However, the Administrator may grant a deviation
from the requirements of this subparagraph if the Administrator finds
that a different location would be more useful for evacuation of persons
during an emergency.
(2) On each airplane with a seating capacity of 100 or more
passengers, one megaphone installed at the forward end and one installed
at the most rearward location where it would be readily accessible to a
normal flight attendant seat.
14 CFR 91.515 Flight altitude rules.
(a) Notwithstanding 91.119, and except as provided in paragraph (b)
of this section, no person may operate an airplane under VFR at less
than --
(1) One thousand feet above the surface, or 1,000 feet from any
mountain, hill, or other obstruction to flight, for day operations; and
(2) The altitudes prescribed in 91.177, for night operations.
(b) This section does not apply --
(1) During takeoff or landing;
(2) When a different altitude is authorized by a waiver to this
section under subpart J of this part; or
(3) When a flight is conducted under the special VFR weather minimums
of 91.157 with an appropriate clearance from ATC.
14 CFR 91.517 Smoking and safety belt signs.
(a) Except as provided in paragraph (b) of this section, no person
may operate an airplane carrying passengers unless it is equipped with
signs that are visible to passengers and cabin attendants to notify them
when smoking is prohibited and when safety belts should be fastened.
The signs must be so constructed that the crew can turn them on and off.
They must be turned on for each takeoff and each landing and when
otherwise considered to be necessary by the pilot in command.
(b) The pilot in command of an airplane that is not equipped as
provided in paragraph (a) of this section shall ensure that the
passengers are orally notified each time that it is necessary to fasten
their safety belts and when smoking is prohibited.
14 CFR 91.519 Passenger briefing.
(a) Before each takeoff the pilot in command of an airplane carrying
passengers shall ensure that all passengers have been orally briefed on
--
(1) Smoking;
(2) Use of safety belts;
(3) Location and means for opening the passenger entry door and
emergency exits;
(4) Location of survival equipment;
(5) Ditching procedures and the use of flotation equipment required
under 91.509 for a flight over water; and
(6) The normal and emergency use of oxygen equipment installed on the
airplane.
(b) The oral briefing required by paragraph (a) of this section shall
be given by the pilot in command or a member of the crew, but need not
be given when the pilot in command determines that the passengers are
familiar with the contents of the briefing. It may be supplemented by
printed cards for the use of each passenger containing --
(1) A diagram of, and methods of operating, the emergency exits; and
(2) Other instructions necessary for use of emergency equipment.
(c) Each card used under paragraph (b) must be carried in convenient
locations on the airplane for the use of each passenger and must contain
information that is pertinent only to the type and model airplane on
which it is used.
14 CFR 91.521 Shoulder harness.
(a) No person may operate a transport category airplane that was type
certificated after January 1, 1958, unless it is equipped at each seat
at a flight deck station with a combined safety belt and shoulder
harness that meets the applicable requirements specified in 25.785 of
this chapter, except that --
(1) Shoulder harnesses and combined safety belt and shoulder
harnesses that were approved and installed before March 6, 1980, may
continue to be used; and
(2) Safety belt and shoulder harness restraint systems may be
designed to the inertia load factors established under the certification
basis of the airplane.
(b) No person may operate a transport category airplane unless it is
equipped at each required flight attendant seat in the passenger
compartment with a combined safety belt and shoulder harness that meets
the applicable requirements specified in 25.785 of this chapter, except
that --
(1) Shoulder harnesses and combined safety belt and shoulder
harnesses that were approved and installed before March 6, 1980, may
continue to be used; and
(2) Safety belt and shoulder harness restraint systems may be
designed to the inertia load factors established under the certification
basis of the airplane.
14 CFR 91.523 Carry-on baggage.
No pilot in command of an airplane having a seating capacity of more
than 19 passengers may permit a passenger to stow baggage aboard that
airplane except --
(a) In a suitable baggage or cargo storage compartment, or as
provided in 91.525; or
(b) Under a passenger seat in such a way that it will not slide
forward under crash impacts severe enough to induce the ultimate inertia
forces specified in 25.561(b)(3) of this chapter, or the requirements
of the regulations under which the airplane was type certificated.
Restraining devices must also limit sideward motion of under-seat
baggage and be designed to withstand crash impacts severe enough to
induce sideward forces specified in 25.561(b)(3) of this chapter.
14 CFR 91.525 Carriage of cargo.
(a) No pilot in command may permit cargo to be carried in any
airplane unless --
(1) It is carried in an approved cargo rack, bin, or compartment
installed in the airplane;
(2) It is secured by means approved by the Administrator; or
(3) It is carried in accordance with each of the following:
(i) It is properly secured by a safety belt or other tiedown having
enough strength to eliminate the possibility of shifting under all
normally anticipated flight and ground conditions.
(ii) It is packaged or covered to avoid possible injury to
passengers.
(iii) It does not impose any load on seats or on the floor structure
that exceeds the load limitation for those components.
(iv) It is not located in a position that restricts the access to or
use of any required emergency or regular exit, or the use of the aisle
between the crew and the passenger compartment.
(v) It is not carried directly above seated passengers.
(b) When cargo is carried in cargo compartments that are designed to
require the physical entry of a crewmember to extinguish any fire that
may occur during flight, the cargo must be loaded so as to allow a
crewmember to effectively reach all parts of the compartment with the
contents of a hand fire extinguisher.
14 CFR 91.527 Operating in icing conditions.
(a) No pilot may take off an airplane that has --
(1) Frost, snow, or ice adhering to any propeller, windshield, or
powerplant installation or to an airspeed, altimeter, rate of climb, or
flight attitude instrument system;
(2) Snow or ice adhering to the wings or stabilizing or control
surfaces; or
(3) Any frost adhering to the wings or stabilizing or control
surfaces, unless that frost has been polished to make it smooth.
(b) Except for an airplane that has ice protection provisions that
meet the requirements in section 34 of Special Federal Aviation
Regulation No. 23, or those for transport category airplane type
certification, no pilot may fly --
(1) Under IFR into known or forecast moderate icing conditions; or
(2) Under VFR into known light or moderate icing conditions unless
the aircraft has functioning de-icing or anti-icing equipment protecting
each propeller, windshield, wing, stabilizing or control surface, and
each airspeed, altimeter, rate of climb, or flight attitude instrument
system.
(c) Except for an airplane that has ice protection provisions that
meet the requirements in section 34 of Special Federal Aviation
Regulation No. 23, or those for transport category airplane type
certification, no pilot may fly an airplane into known or forecast
severe icing conditions.
(d) If current weather reports and briefing information relied upon
by the pilot in command indicate that the forecast icing conditions that
would otherwise prohibit the flight will not be encountered during the
flight because of changed weather conditions since the forecast, the
restrictions in paragraphs (b) and (c) of this section based on forecast
conditions do not apply.
14 CFR 91.529 Flight engineer requirements.
(a) No person may operate the following airplanes without a flight
crewmember holding a current flight engineer certificate:
(1) An airplane for which a type certificate was issued before
January 2, 1964, having a maximum certificated takeoff weight of more
than 80,000 pounds.
(2) An airplane type certificated after January 1, 1964, for which a
flight engineer is required by the type certification requirements.
(b) No person may serve as a required flight engineer on an airplane
unless, within the preceding 6 calendar months, that person has had at
least 50 hours of flight time as a flight engineer on that type airplane
or has been checked by the Administrator on that type airplane and is
found to be familiar and competent with all essential current
information and operating procedures.
14 CFR 91.531 Second in command requirements.
(a) Except as provided in paragraph (b) of this section, no person
may operate the following airplanes without a pilot who is designated as
second in command of that airplane:
(1) A large airplane, except that a person may operate an airplane
certificated under SFAR 41 without a pilot who is designated as second
in command if that airplane is certificated for operation with one
pilot.
(2) A turbojet-powered multiengine airplane for which two pilots are
required under the type certification requirements for that airplane.
(3) A commuter category airplane, except that a person may operate a
commuter category airplane notwithstanding paragraph (a)(1) of this
section, that has a passenger seating configuration, excluding pilot
seats, of nine or less without a pilot who is designated as second in
command if that airplane is type certificated for operations with one
pilot.
(b) The Administrator may issue a letter of authorization for the
operation of an airplane without compliance with the requirements of
paragraph (a) of this section if that airplane is designed for and type
certificated with only one pilot station. The authorization contains
any conditions that the Administrator finds necessary for safe
operation.
(c) No person may designate a pilot to serve as second in command,
nor may any pilot serve as second in command, of an airplane required
under this section to have two pilots unless that pilot meets the
qualifications for second in command prescribed in 61.55 of this
chapter.
14 CFR 91.533 Flight attendant requirements.
(a) No person may operate an airplane unless at least the following
number of flight attendants are on board the airplane:
(1) For airplanes having more than 19 but less than 51 passengers on
board, one flight attendant.
(2) For airplanes having more than 50 but less than 101 passengers on
board, two flight attendants.
(3) For airplanes having more than 100 passengers on board, two
flight attendants plus one additional flight attendant for each unit (or
part of a unit) of 50 passengers above 100.
(b) No person may serve as a flight attendant on an airplane when
required by paragraph (a) of this section unless that person has
demonstrated to the pilot in command familiarity with the necessary
functions to be performed in an emergency or a situation requiring
emergency evacuation and is capable of using the emergency equipment
installed on that airplane.
91.535 -- 91.599 (Reserved)
14 CFR 91.533 Subpart G -- Additional Equipment and Operating
Requirements for Large and Transport Category Aircraft
Source: Docket No. 18334, 54 FR 34318, Aug. 18, 1989, unless
otherwise noted.
14 CFR 91.601 Applicability.
This subpart applies to operation of large and transport category
U.S.-registered civil aircraft.
14 CFR 91.603 Aural speed warning device.
No person may operate a transport category airplane in air commerce
unless that airplane is equipped with an aural speed warning device that
complies with 25.1303(c)(1).
14 CFR 91.605 Transport category civil airplane weight limitations.
(a) No person may take off any transport category airplane (other
than a turbine-engine-powered airplane certificated after September 30,
1958) unless --
(1) The takeoff weight does not exceed the authorized maximum takeoff
weight for the elevation of the airport of takeoff;
(2) The elevation of the airport of takeoff is within the altitude
range for which maximum takeoff weights have been determined;
(3) Normal consumption of fuel and oil in flight to the airport of
intended landing will leave a weight on arrival not in excess of the
authorized maximum landing weight for the elevation of that airport;
and
(4) The elevations of the airport of intended landing and of all
specified alternate airports are within the altitude range for which the
maximum landing weights have been determined.
(b) No person may operate a turbine-engine-powered transport category
airplane certificated after September 30, 1958, contrary to the Airplane
Flight Manual, or take off that airplane unless --
(1) The takeoff weight does not exceed the takeoff weight specified
in the Airplane Flight Manual for the elevation of the airport and for
the ambient temperature existing at the time of takeoff;
(2) Normal consumption of fuel and oil in flight to the airport of
intended landing and to the alternate airports will leave a weight on
arrival not in excess of the landing weight specified in the Airplane
Flight Manual for the elevation of each of the airports involved and for
the ambient temperatures expected at the time of landing;
(3) The takeoff weight does not exceed the weight shown in the
Airplane Flight Manual to correspond with the minimum distances required
for takeoff considering the elevation of the airport, the runway to be
used, the effective runway gradient, and the ambient temperature and
wind component existing at the time of takeoff; and
(4) Where the takeoff distance includes a clearway, the clearway
distance is not greater than one-half of --
(i) The takeoff run, in the case of airplanes certificated after
September 30, 1958, and before August 30, 1959; or
(ii) The runway length, in the case of airplanes certificated after
August 29, 1959.
(c) No person may take off a turbine-engine-powered transport
category airplane certificated after August 29, 1959, unless, in
addition to the requirements of paragraph (b) of this section --
(1) The accelerate-stop distance is no greater than the length of the
runway plus the length of the stopway (if present); and
(2) The takeoff distance is no greater than the length of the runway
plus the length of the clearway (if present); and
(3) The takeoff run is no greater than the length of the runway.
14 CFR 91.607 Emergency exits for airplanes carrying passengers for
hire.
(a) Notwithstanding any other provision of this chapter, no person
may operate a large airplane (type certificated under the Civil Air
Regulations effective before April 9, 1957) in passenger-carrying
operations for hire, with more than the number of occupants --
(1) Allowed under Civil Air Regulations 4b.362 (a), (b), and (c) as
in effect on December 20, 1951; or
(2) Approved under Special Civil Air Regulations SR-387, SR-389,
SR-389A, or SR-389B, or under this section as in effect.
However, an airplane type listed in the following table may be
operated with up to the listed number of occupants (including
crewmembers) and the corresponding number of exits (including emergency
exits and doors) approved for the emergency exit of passengers or with
an occupant-exit configuration approved under paragraph (b) or (c) of
this section.
(b) Occupants in addition to those authorized under paragraph (a) of
this section may be carried as follows:
(1) For each additional floor-level exit at least 24 inches wide by
48 inches high, with an unobstructed 20-inch-wide access aisleway
between the exit and the main passenger aisle, 12 additional occupants.
(2) For each additional window exit located over a wing that meets
the requirements of the airworthiness standards under which the airplane
was type certificated or that is large enough to inscribe an ellipse 19
26 inches, eight additional occupants.
(3) For each additional window exit that is not located over a wing
but that otherwise complies with paragraph (b)(2) of this section, five
additional occupants.
(4) For each airplane having a ratio (as computed from the table in
paragraph (a) of this section) of maximum number of occupants to number
of exits greater than 14:1, and for each airplane that does not have at
least one full-size, door-type exit in the side of the fuselage in the
rear part of the cabin, the first additional exit must be a floor-level
exit that complies with paragraph (b)(1) of this section and must be
located in the rear part of the cabin on the opposite side of the
fuselage from the main entrance door. However, no person may operate an
airplane under this section carrying more than 115 occupants unless
there is such an exit on each side of the fuselage in the rear part of
the cabin.
(c) No person may eliminate any approved exit except in accordance
with the following:
(1) The previously authorized maximum number of occupants must be
reduced by the same number of additional occupants authorized for that
exit under this section.
(2) Exits must be eliminated in accordance with the following
priority schedule: First, non-over-wing window exits; second,
over-wing window exits; third, floor-level exits located in the forward
part of the cabin; and fourth, floor-level exits located in the rear of
the cabin.
(3) At least one exit must be retained on each side of the fuselage
regardless of the number of occupants.
(4) No person may remove any exit that would result in a ratio of
maximum number of occupants to approved exits greater than 14:1.
(d) This section does not relieve any person operating under part 121
of this chapter from complying with 121.291.
14 CFR 91.609 Flight recorders and cockpit voice recorders.
(a) No holder of an air carrier operating certificate or an operating
certificate may conduct any operation under this part with an aircraft
listed in the holder's operations specifications or current list of
aircraft used in air transportation unless that aircraft complies with
any applicable flight recorder and cockpit voice recorder requirements
of the part under which its certificate is issued except that the
operator may --
(1) Ferry an aircraft with an inoperative flight recorder or cockpit
voice recorder from a place where repair or replacement cannot be made
to a place where they can be made;
(2) Continue a flight as originally planned, if the flight recorder
or cockpit voice recorder becomes inoperative after the aircraft has
taken off;
(3) Conduct an airworthiness flight test during which the flight
recorder or cockpit voice recorder is turned off to test it or to test
any communications or electrical equipment installed in the aircraft;
or
(4) Ferry a newly acquired aircraft from the place where possession
of it is taken to a place where the flight recorder or cockpit voice
recorder is to be installed.
(b) Notwithstanding paragraphs (c) and (e) of this section, an
operator other than the holder of an air carrier or a commercial
operator certificate may --
(1) Ferry an aircraft with an inoperative flight recorder or cockpit
voice recorder from a place where repair or replacement cannot be made
to a place where they can be made;
(2) Continue a flight as originally planned if the flight recorder or
cockpit voice recorder becomes inoperative after the aircraft has taken
off;
(3) Conduct an airworthiness flight test during which the flight
recorder or cockpit voice recorder is turned off to test it or to test
any communications or electrical equipment installed in the aircraft;
(4) Ferry a newly acquired aircraft from a place where possession of
it was taken to a place where the flight recorder or cockpit voice
recorder is to be installed; or
(5) Operate an aircraft:
(i) For not more than 15 days while the flight recorder or cockpit
voice recorder is inoperative provided that the aircraft maintenance
records contain an entry that indicates the date of failure, and a
placard is located in view of the pilot to show that the flight recorder
or cockpit voice recorder is inoperative.
(ii) For not more than an additional 15 days, provided that the
requirements in paragraph (b)(5)(i) of this section are met and that a
certificated pilot or mechanic certifies in the aircraft maintenance
records that additional time is required to complete repairs or obtain a
replacement unit.
(c) No person may operate a U.S. civil registered, multiengine,
turbine-powered airplane or rotorcraft having a passenger seating
configuration, excluding any pilot seats of 10 or more that has been
manufactured after October 11, 1991, unless it is equipped with one or
more approved flight recorders that utilize a digital method of
recording and storing data and a method of readily retrieving that data
from the storage medium, that are capable of recording the data
specified in appendix E to this part, for an airplane, or appendix F to
this part, for a rotorcraft, of this part within the range, accuracy,
and recording interval specified, and that are capable of retaining no
less than 8 hours of aircraft operation.
(d) Whenever a flight recorder, required by this section, is
installed, it must be operated continuously from the instant the
airplane begins the takeoff roll or the rotorcraft begins lift-off until
the airplane has completed the landing roll or the rotorcraft has landed
at its destination.
(e) Unless otherwise authorized by the Administrator, after October
11, 1991, no person may operate a U.S. civil registered multiengine,
turbine-powered airplane or rotorcraft having a passenger seating
configuration of six passengers or more and for which two pilots are
required by type certification or operating rule unless it is equipped
with an approved cockpit voice recorder that:
(1) Is installed in compliance with 23.1457(a) (1) and (2), (b),
(c), (d), (e), (f), and (g); 25.1457(a) (1) and (2), (b), (c), (d),
(e), (f), and (g); 27.1457(a) (1) and (2), (b), (c), (d), (e), (f),
and (g); or 29.1457(a) (1) and (2), (b), (c), (d), (e), (f), and (g)
of this chapter, as applicable; and
(2) Is operated continuously from the use of the checklist before the
flight to completion of the final checklist at the end of the flight.
(f) In complying with this section, an approved cockpit voice
recorder having an erasure feature may be used, so that at any time
during the operation of the recorder, information recorded more than 15
minutes earlier may be erased or otherwise obliterated.
(g) In the event of an accident or occurrence requiring immediate
notification to the National Transportation Safety Board under part 830
of its regulations that results in the termination of the flight, any
operator who has installed approved flight recorders and approved
cockpit voice recorders shall keep the recorded information for at least
60 days or, if requested by the Administrator or the Board, for a longer
period. Information obtained from the record is used to assist in
determining the cause of accidents or occurrences in connection with the
investigation under part 830. The Administrator does not use the
cockpit voice recorder record in any civil penalty or certificate
action.
(Doc. No. 18334, 54 FR 34318, Aug. 18, 1989, as amended by Amdt.
91-226, 56 FR 51621, Oct. 11, 1991)
Effective Date Note: By Amdt. 91-226, 56 FR 51621, Oct. 11, 1991,
91.609 was amended by redesignating paragraphs (b) through (f) as
paragraphs (c) through (g) respectively, and by adding a new paragraph
(b), effective from October 11, 1991 until April 13, 1992.
14 CFR 91.611 Authorization for ferry flight with one engine
inoperative.
(a) General. The holder of an air carrier operating certificate or
an operating certificate issued under part 125 may conduct a ferry
flight of a four-engine airplane or a turbine-engine-powered airplane
equipped with three engines, with one engine inoperative, to a base for
the purpose of repairing that engine subject to the following:
(1) The airplane model has been test flown and found satisfactory for
safe flight in accordance with paragraph (b) or (c) of this section, as
appropriate. However, each operator who before November 19, 1966, has
shown that a model of airplane with an engine inoperative is
satisfactory for safe flight by a test flight conducted in accordance
with performance data contained in the applicable Airplane Flight Manual
under paragraph (a)(2) of this section need not repeat the test flight
for that model.
(2) The approved Airplane Flight Manual contains the following
performance data and the flight is conducted in accordance with that
data:
(i) Maximum weight.
(ii) Center of gravity limits.
(iii) Configuration of the inoperative propeller (if applicable).
(iv) Runway length for takeoff (including temperature
accountability).
(v) Altitude range.
(vi) Certificate limitations.
(vii) Ranges of operational limits.
(viii) Performance information.
(ix) Operating procedures.
(3) The operator has FAA approved procedures for the safe operation
of the airplane, including specific requirements for --
(i) Limiting the operating weight on any ferry flight to the minimum
necessary for the flight plus the necessary reserve fuel load;
(ii) A limitation that takeoffs must be made from dry runways unless,
based on a showing of actual operating takeoff techniques on wet runways
with one engine inoperative, takeoffs with full controllability from wet
runways have been approved for the specific model aircraft and included
in the Airplane Flight Manual:
(iii) Operations from airports where the runways may require a
takeoff or approach over populated areas; and
(iv) Inspection procedures for determining the operating condition of
the operative engines.
(4) No person may take off an airplane under this section if --
(i) The initial climb is over thickly populated areas; or
(ii) Weather conditions at the takeoff or destination airport are
less than those required for VFR flight.
(5) Persons other than required flight crewmembers shall not be
carried during the flight.
(6) No person may use a flight crewmember for flight under this
section unless that crewmember is thoroughly familiar with the operating
procedures for one-engine inoperative ferry flight contained in the
certificate holder's manual and the limitations and performance
information in the Airplane Flight Manual.
(b) Flight tests: reciprocating-engine-powered airplanes. The
airplane performance of a reciprocating-engine-powered airplane with one
engine inoperative must be determined by flight test as follows:
(1) A speed not less than 1.3 VS1 must be chosen at which the
airplane may be controlled satisfactorily in a climb with the critical
engine inoperative (with its propeller removed or in a configuration
desired by the operator and with all other engines operating at the
maximum power determined in paragraph (b)(3) of this section.
(2) The distance required to accelerate to the speed listed in
paragraph (b)(1) of this section and to climb to 50 feet must be
determined with --
(i) The landing gear extended;
(ii) The critical engine inoperative and its propeller removed or in
a configuration desired by the operator; and
(iii) The other engines operating at not more than maximum power
established under paragraph (b)(3) of this section.
(3) The takeoff, flight and landing procedures, such as the
approximate trim settings, method of power application, maximum power,
and speed must be established.
(4) The performance must be determined at a maximum weight not
greater than the weight that allows a rate of climb of at least 400 feet
per minute in the en route configuration set forth in 25.67(d) of this
chapter in effect on January 31, 1977, at an altitude of 5,000 feet.
(5) The performance must be determined using temperature
accountability for the takeoff field length, computed in accordance with
25.61 of this chapter in effect on January 31, 1977.
(c) Flight tests: Turbine-engine-powered airplanes. The airplane
performance of a turbine-engine-powered airplane with one engine
inoperative must be determined by flight tests, including at least three
takeoff tests, in accordance with the following:
(1) Takeoff speeds VR and V2, not less than the corresponding speeds
under which the airplane was type certificated under 25.107 of this
chapter, must be chosen at which the airplane may be controlled
satisfactorily with the critical engine inoperative (with its propeller
removed or in a configuration desired by the operator, if applicable)
and with all other engines operating at not more than the power selected
for type certification as set forth in 25.101 of this chapter.
(2) The minimum takeoff field length must be the horizontal distance
required to accelerate and climb to the 35-foot height at V2 speed
(including any additional speed increment obtained in the tests)
multiplied by 115 percent and determined with --
(i) The landing gear extended;
(ii) The critical engine inoperative and its propeller removed or in
a configuration desired by the operator (if applicable); and
(iii) The other engine operating at not more than the power selected
for type certification as set forth in 25.101 of this chapter.
(3) The takeoff, flight, and landing procedures such as the
approximate trim setting, method of power application, maximum power,
and speed must be established. The airplane must be satisfactorily
controllable during the entire takeoff run when operated according to
these procedures.
(4) The performance must be determined at a maximum weight not
greater than the weight determined under 25.121(c) of this chapter but
with --
(i) The actual steady gradient of the final takeoff climb requirement
not less than 1.2 percent at the end of the takeoff path with two
critical engines inoperative; and
(ii) The climb speed not less than the two-engine inoperative trim
speed for the actual steady gradient of the final takeoff climb
prescribed by paragraph (c)(4)(i) of this section.
(5) The airplane must be satisfactorily controllable in a climb with
two critical engines inoperative. Climb performance may be shown by
calculations based on, and equal in accuracy to, the results of testing.
(6) The performance must be determined using temperature
accountability for takeoff distance and final takeoff climb computed in
accordance with 25.101 of this chapter.
For the purpose of paragraphs (c)(4) and (5) of this section, two
critical engines means two adjacent engines on one side of an airplane
with four engines, and the center engine and one outboard engine on an
airplane with three engines.
14 CFR 91.613 Materials for compartment interiors.
No person may operate an airplane that conforms to an amended or
supplemental type certificate issued in accordance with SFAR No. 41 for
a maximum certificated takeoff weight in excess of 12,500 pounds unless
within 1 year after issuance of the initial airworthiness certificate
under that SFAR the airplane meets the compartment interior requirements
set forth in 25.853 (a), (b), (b-1), (b-2), and (b-3) of this chapter
in effect on September 26, 1978.
91.615 -- 91.699 (Reserved)
14 CFR 91.613 Subpart H -- Foreign Aircraft Operations and Operations
of U.S.-Registered Civil Aircraft Outside of the United States
Source: Docket No. 18334, 54 FR 34320, Aug. 18, 1989, unless
otherwise noted.
14 CFR 91.701 Applicability.
This subpart applies to the operations of civil aircraft of U.S.
registry outside of the United States and the operations of foreign
civil aircraft within the United States.
14 CFR 91.703 Operations of civil aircraft of U.S. registry outside of
the United States.
(a) Each person operating a civil aircraft of U.S. registry outside
of the United States shall --
(1) When over the high seas, comply with annex 2 (Rules of the Air)
to the Convention on International Civil Aviation and with 91.117(c),
91.130, and 91.131;
(2) When within a foreign country, comply with the regulations
relating to the flight and maneuver of aircraft there in force;
(3) Except for 91.307(b), 91.309, 91.323, and 91.711, comply with
this part so far as it is not inconsistent with applicable regulations
of the foreign country where the aircraft is operated or annex 2 of the
Convention on International Civil Aviation; and
(4) When over the North Atlantic within airspace designated as
Minimum Navigation Performance Specifications airspace, comply with
91.705.
(b) Annex 2 to the Convention on International Civil Aviation, Eighth
Edition -- July 1986, with amendments through Amendment 28 effective
November 1987, to which reference is made in this part, is incorporated
into this part and made a part hereof as provided in 5 U.S.C. 552 and
pursuant to 1 CFR part 51 annex 2 (including a complete historic file of
changes thereto) is available for public inspection at the Rules Docket,
AGC-10, Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 20591. In addition, Annex 2 may be purchased from the
International Civil Aviation Organization (Attention: Distribution
Officer), P.O. Box 400, Succursale, Place de L'Aviation Internationale,
1000 Sherbrooke Street West, Montreal, Quebec, Canada H3A 2R2.
(Doc. No. 18834, 54 FR 34320, Aug. 18, 1989, as amended by Amdt.
91-227, 56 FR 65661, Dec. 17, 1991)
Effective Date Note: By Amdt. 91-227, 56 FR 65661, Dec. 17, 1991,
91.703 was amended by revising paragraph (a)(1), effective September 16,
1993. For the convenience of the user, the revised text follows.
91.703 Operations of civil aircraft of U.S. registry outside of the
United States.
(a) * * *
(1) When over the high seas, comply with annex 2 (Rules of the Air)
to the Convention on International Civil Aviation and with 91.117(c),
91.127, 91.129, and 91.131;
14 CFR 91.705 Operations within the North Atlantic Minimum Navigation
Performance Specifications Airspace.
No person may operate a civil aircraft of U.S. registry in North
Atlantic (NAT) airspace designated as Minimum Navigation Performance
Specifications (MNPS) airspace unless --
(a) The aircraft has approved navigation performance capability which
complies with the requirements of Appendix C of this part; and
(b) The operator is authorized by the Administrator to perform such
operations.
(c) The Administrator authorizes deviations from the requirements of
this section in accordance with section 3 of appendix C to this part.
14 CFR 91.707 Flights between Mexico or Canada and the United States.
Unless otherwise authorized by ATC, no person may operate a civil
aircraft between Mexico or Canada and the United States without filing
an IFR or VFR flight plan, as appropriate.
14 CFR 91.709 Operations to Cuba.
No person may operate a civil aircraft from the United States to Cuba
unless --
(a) Departure is from an international airport of entry designated in
6.13 of the Air Commerce Regulations of the Bureau of Customs (19 CFR
6.13); and
(b) In the case of departure from any of the 48 contiguous States or
the District of Columbia, the pilot in command of the aircraft has filed
--
(1) A DVFR or IFR flight plan as prescribed in 99.11 or 99.13 of
this chapter; and
(2) A written statement, within 1 hour before departure, with the
Office of Immigration and Naturalization Service at the airport of
departure, containing --
(i) All information in the flight plan;
(ii) The name of each occupant of the aircraft;
(iii) The number of occupants of the aircraft; and
(iv) A description of the cargo, if any.
This section does not apply to the operation of aircraft by a
scheduled air carrier over routes authorized in operations
specifications issued by the Administrator.
(Approved by the Office of Management and Budget under control number
2120-0005)
14 CFR 91.711 Special rules for foreign civil aircraft.
(a) General. In addition to the other applicable regulations of this
part, each person operating a foreign civil aircraft within the United
States shall comply with this section.
(b) VFR. No person may conduct VFR operations which require two-way
radio communications under this part unless at least one crewmember of
that aircraft is able to conduct two-way radio communications in the
English language and is on duty during that operation.
(c) IFR. No person may operate a foreign civil aircraft under IFR
unless --
(1) That aircraft is equipped with --
(i) Radio equipment allowing two-way radio communications with ATC
when it is operated in control zone or control area; and
(ii) Radio navigational equipment appropriate to the navigational
facilities to be used;
(2) Each person piloting the aircraft --
(i) Holds a current United States instrument rating or is authorized
by his foreign airman certificate to pilot under IFR; and
(ii) Is thoroughly familiar with the United States en route, holding,
and letdown procedures; and
(3) At least one crewmember of that aircraft is able to conduct
two-way radiotelephone communications in the English language and that
crewmember is on duty while the aircraft is approaching, operating
within, or leaving the United States.
(d) Over water. Each person operating a foreign civil aircraft over
water off the shores of the United States shall give flight notification
or file a flight plan in accordance with the Supplementary Procedures
for the ICAO region concerned.
(e) Flight at and above FL 240. If VOR navigational equipment is
required under paragraph (c)(1)(ii) of this section, no person may
operate a foreign civil aircraft within the 50 States and the District
of Columbia at or above FL 240, unless the aircraft is equipped with
distance measuring equipment (DME) capable of receiving and indicating
distance information from the VORTAC facilities to be used. When DME
required by this paragraph fails at and above FL 240, the pilot in
command of the aircraft shall notify ATC immediately and may then
continue operations at and above FL 240 to the next airport of intended
landing at which repairs or replacement of the equipment can be made.
However, paragraph (e) of this section does not apply to foreign civil
aircraft that are not equipped with DME when operated for the following
purposes and if ATC is notified prior to each takeoff:
(1) Ferry flights to and from a place in the United States where
repairs or alterations are to be made.
(2) Ferry flights to a new country of registry.
(3) Flight of a new aircraft of U.S. manufacture for the purpose of
--
(i) Flight testing the aircraft;
(ii) Training foreign flight crews in the operation of the aircraft;
or
(iii) Ferrying the aircraft for export delivery outside the United
States.
(4) Ferry, demonstration, and test flight of an aircraft brought to
the United States for the purpose of demonstration or testing the whole
or any part thereof.
(Doc. No. 18834, 54 FR 34320, Aug. 18, 1989, as amended by Amdt.
91-227, 56 FR 65661, Dec. 17, 1991)
Effective Date Note: By Amdt. 91-227, 56 FR 65661, Dec. 17, 1991,
in 91.711, paragraph (c)(1)(i) was revised, effective September 16,
1993. For the convenience of the user, the revised text follows.
91.711 Special rules for foreign civil aircraft.
(c) * * *
(1) * * *
(i) Radio equipment allowing two-way radio communication with ATC
when it is operated in controlled airspace; and
14 CFR 91.713 Operation of civil aircraft of Cuban registry.
No person may operate a civil aircraft of Cuban registry except in
controlled airspace and in accordance with air traffic clearance or air
traffic control instructions that may require use of specific airways or
routes and landings at specific airports.
14 CFR 91.715 Special flight authorizations for foreign civil aircraft.
(a) Foreign civil aircraft may be operated without airworthiness
certificates required under 91.203 if a special flight authorization
for that operation is issued under this section. Application for a
special flight authorization must be made to the Flight Standards
Division Manager or Aircraft Certification Directorate Manager of the
FAA region in which the applicant is located or to the region within
which the U.S. point of entry is located. However, in the case of an
aircraft to be operated in the U.S. for the purpose of demonstration at
an airshow, the application may be made to the Flight Standards Division
Manager or Aircraft Certification Directorate Manager of the FAA region
in which the airshow is located.
(b) The Administrator may issue a special flight authorization for a
foreign civil aircraft subject to any conditions and limitations that
the Administrator considers necessary for safe operation in the U.S.
airspace.
(c) No person may operate a foreign civil aircraft under a special
flight authorization unless that operation also complies with part 375
of the Special Regulations of the Department of Transportation (14 CFR
part 375).
(Approved by the Office of Management and Budget under control number
2120-0005)
(Doc. No. 18334, 54 FR 34320, Aug. 18, 1989, as amended by Amdt.
91-212, 54 FR 39293, Sept. 25, 1989)
91.717 -- 91.799 (Reserved)
14 CFR 91.715 Subpart I -- Operating Noise Limits
Source: Docket No. 18334, 54 FR 34321, Aug. 18, 1989, unless
otherwise noted.
14 CFR 91.801 Applicability: Relation to part 36.
(a) This subpart prescribes operating noise limits and related
requirements that apply, as follows, to the operation of civil aircraft
in the United States.
(1) Sections 91.803, 91.805, 91.807, 91.809, and 91.811 apply to
civil subsonic turbojet airplanes with maximum weights of more than
75,000 pounds and --
(i) If U.S. registered, that have standard airworthiness
certificates; or
(ii) If foreign registered, that would be required by this chapter to
have a U.S. standard airworthiness certificate in order to conduct the
operations intended for the airplane were it registered in the United
States. Those sections apply to operations to or from airports in the
United States under this part and parts 121, 125, 129, and 135 of this
chapter.
(2) Section 91.813 applies to U.S. operators of civil subsonic
turbojet airplanes covered by this subpart. This section applies to
operators operating to or from airports in the United States under this
part and parts 121, 125, and 135, but not to those operating under part
129 of this chapter.
(3) Sections 91.803, 91.819, and 91.821 apply to U.S.-registered
civil supersonic airplanes having standard airworthiness certificates
and to foreign-registered civil supersonic airplanes that, if registered
in the United States, would be required by this chapter to have U.S.
standard airworthiness certificates in order to conduct the operations
intended for the airplane. Those sections apply to operations under
this part and under parts 121, 125, 129, and 135 of this chapter.
(b) Unless otherwise specified, as used in this subpart ''part 36''
refers to 14 CFR part 36, including the noise levels under appendix C of
that part, notwithstanding the provisions of that part excepting certain
airplanes from the specified noise requirements. For purposes of this
subpart, the various stages of noise levels, the terms used to describe
airplanes with respect to those levels, and the terms ''subsonic
airplane'' and ''supersonic airplane'' have the meanings specified under
part 36 of this chapter. For purposes of this subpart, for subsonic
airplanes operated in foreign air commerce in the United States, the
Administrator may accept compliance with the noise requirements under
annex 16 of the International Civil Aviation Organization when those
requirements have been shown to be substantially compatible with, and
achieve results equivalent to those achievable under, part 36 for that
airplane. Determinations made under these provisions are subject to the
limitations of 36.5 of this chapter as if those noise levels were part
36 noise levels.
(c) Sections 91.851 through 91.875 of this subpart prescribe
operating noise limits and related requirements that apply to any civil
subsonic turbojet airplane with a maximum certificated weight of more
than 75,000 pounds operating to or from an airport in the 48 contiguous
United States and the District of Columbia under this part, part 121,
125, 129, or 135 of this chapter on and after September 25, 1991.
(Doc. No. 18334, 54 FR 34321, Aug. 18, 1989; Amdt. 91-211, 54 FR
41211, Oct. 5, 1989, as amended by Amdt. 91-225, 56 FR 48658, Sept. 25,
1991)
14 CFR 91.803 Part 125 operators: Designation of applicable
regulations.
For airplanes covered by this subpart and operated under part 125 of
this chapter, the following regulations apply as specified:
(a) For each airplane operation to which requirements prescribed
under this subpart applied before November 29, 1980, those requirements
of this subpart continue to apply.
(b) For each subsonic airplane operation to which requirements
prescribed under this subpart did not apply before November 29, 1980,
because the airplane was not operated in the United States under this
part or part 121, 129, or 135 of this chapter, the requirements
prescribed under 91.805, 91.809, 91.811, and 91.813 of this subpart
apply.
(c) For each supersonic airplane operation to which requirements
prescribed under this subpart did not apply before November 29, 1980,
because the airplane was not operated in the United States under this
part or part 121, 129, or 135 of this chapter, the requirements of
91.819 and 91.821 of this subpart apply.
(d) For each airplane required to operate under part 125 for which a
deviation under that part is approved to operate, in whole or in part,
under this part or part 121, 129, or 135 of this chapter,
notwithstanding the approval, the requirements prescribed under
paragraphs (a), (b), and (c) of this section continue to apply.
14 CFR 91.805 Final compliance: Subsonic airplanes.
Except as provided in 91.809 and 91.811, on and after January 1,
1985, no person may operate to or from an airport in the United States
any subsonic airplane covered by this subpart unless that airplane has
been shown to comply with Stage 2 or Stage 3 noise levels under part 36
of this chapter.
14 CFR 91.807 Phased compliance under parts 121, 125, and 135:
Subsonic airplanes.
(a) General. Each person operating airplanes under part 121, 125, or
135 of this chapter, as prescribed under 91.803 of this subpart,
regardless of the state of registry of the airplane, shall comply with
this section with respect to subsonic airplanes covered by this subpart.
(b) Compliance schedules. Except for airplanes shown to be operated
in foreign air commerce under paragraph (c) of this section or covered
by an exemption (including those issued under 91.811), airplanes
operated by U.S. operators in air commerce in the United States must be
shown to comply with Stage 2 or Stage 3 noise levels under part 36 of
this chapter, in accordance with the following schedule, or they may not
be operated to or from airports in the United States:
(1) By January 1, 1981 --
(i) At least one quarter of the airplanes that have four engines with
no bypass ratio or with a bypass ratio less than two; and
(ii) At least half of the airplanes powered by engines with any other
bypass ratio or by another number of engines.
(2) By January 1, 1983 --
(i) At least one-half of the airplanes that have four engines with no
bypass ratio or with a bypass ratio less than two; and
(ii) All airplanes powered by engines with any other bypass ratio or
by another number of engines.
(c) Apportionment of airplanes. For purposes of paragraph (b) of
this section, a person operating airplanes engaged in domestic and
foreign air commerce in the United States may elect not to comply with
the phased schedule with respect to that portion of the airplanes
operated by that person shown, under an approved method of
apportionment, to be engaged in foreign air commerce in the United
States.
14 CFR 91.809 Replacement airplanes.
A Stage 1 airplane may be operated after the otherwise applicable
compliance dates prescribed under 91.805 and 91.807 if, under an
approved plan, a replacement airplane has been ordered by the operator
under a binding contract as follows:
(a) For replacement of an airplane powered by two engines, until
January 1, 1986, but not after the date specified in the plan, if the
contract is entered into by January 1, 1983, and specifies delivery
before January 1, 1986, of a replacement airplane which has been shown
to comply with Stage 3 noise levels under part 36 of this chapter.
(b) For replacement of an airplane powered by three engines, until
January 1, 1985, but not after the date specified in the plan, if the
contract is entered into by January 1, 1983, and specifies delivery
before January 1, 1985, of a replacement airplane which has been shown
to comply with Stage 3 noise levels under part 36 of this chapter.
(c) For replacement of any other airplane, until January 1, 1985, but
not after the date specified in the plan, if the contract specifies
delivery before January 1, 1985, of a replacement airplane which --
(1) Has been shown to comply with Stage 2 or Stage 3 noise levels
under part 36 of this chapter prior to issuance of an original standard
airworthiness certificate; or
(2) Has been shown to comply with Stage 3 noise levels under part 36
of this chapter prior to issuance of a standard airworthiness
certificate other than original issue.
(d) Each operator of a Stage 1 airplane for which approval of a
replacement plan is requested under this section shall submit to the
Director, Office of Environment and Energy, an application constituting
the proposed replacement plan (or revised plan) that contains the
information specified under this paragraph and which is certified (under
penalty of 18 U.S.C. 1001) as true and correct. Each application for
approval must provide information corresponding to that specified in the
contract, upon which the FAA may rely in considering its approval, as
follows:
(1) Name and address of the applicant. .
(2) Aircraft type and model and registration number for each airplane
to be replaced under the plan.
(3) Aircraft type and model of each replacement airplane.
(4) Scheduled dates of delivery and introduction into service of each
replacement airplane.
(5) Names and addresses of the parties to the contract and any other
persons who may effectively cancel the contract or otherwise control the
performance of any party.
(6) Information specifying the anticipated disposition of the
airplanes to be replaced.
(7) A statement that the contract represents a legally enforceable,
mutual agreement for delivery of an eligible replacement airplane.
(8) Any other information or documentation requested by the Director,
Office of Environment and Energy, reasonably necessary to determine
whether the plan should be approved.
14 CFR 91.811 Service to small communities exemption: Two-engine,
subsonic airplanes.
(a) A Stage l airplane powered by two engines may be operated after
the compliance dates prescribed under 91.805, 91.807, and 91.809 when,
with respect to that airplane, the Administrator issues an exemption to
the operator from the noise level requirements under this subpart. Each
exemption issued under this section terminates on the earliest of the
following dates:
(1) For an exempted airplane sold, or otherwise disposed of, to
another person on or after January 1, 1983, on the date of delivery to
that person.
(2) For an exempted airplane with a seating configuration of 100
passenger seats or less, on January 1, 1988.
(3) For an exempted airplane with a seating configuration of more
than 100 passenger seats, on January 1, 1985.
(b) For the purpose of this section, the seating configuration of an
airplane is governed by that shown to exist on December 1, 1979, or an
earlier date established for that airplane by the Administrator.
14 CFR 91.813 Compliance plans and status: U.S. operations of subsonic
airplanes.
(a) Each U.S. operator of a civil subsonic airplane covered by this
subpart (regardless of the state of registry) shall submit to the
Director, Office of Environment and Energy, in accordance with this
section, the operator's current compliance status and plan for achieving
and maintaining compliance with the applicable noise level requirements
of this subpart. If appropriate, an operator may substitute for the
required plan a notice, certified as true (under penalty of 18 U.S.C.
1001) by that operator, that no change in the plan or status of any
airplane affected by the plan has occurred since the date of the plan
most recently submitted under this section.
(b) Each compliance plan, including each revised plan, must contain
the information specified under paragraph (c) of this section for each
airplane covered by this section that is operated by the operator.
Unless otherwise approved by the Administrator, compliance plans must
provide the required plan and status information as it exists on the
date 30 days before the date specified for submission of the plan.
Plans must be certified by the operator as true and complete (under
penalty of 18 U.S.C. 1001) and be submitted for each airplane covered by
this section on or before 90 days after initially commencing operation
of airplanes covered by this section, whichever is later, and thereafter
--
(1) Thirty days after any change in the operator's fleet or
compliance planning decisions that has a separate or cumulative effect
on 10 percent or more of the airplanes in either class of airplanes
covered by 91.807(b); and
(2) Thirty days after each compliance date applicable to that
airplane under this subpart, and annually thereafter through 1985, or
until any later date for that airplane prescribed under this subpart, on
the anniversary of that submission date, to show continuous compliance
with this subpart.
(c) Each compliance plan submitted under this section must identify
the operator and include information regarding the compliance plan and
status for each airplane covered by the plan as follows:
(1) Name and address of the airplane operator.
(2) Name and telephone number of the person designated by the
operator to be responsible for the preparation of the compliance plan
and its submission.
(3) The total number of airplanes covered by this section and in each
of the following classes and subclasses:
(i) For airplanes engaged in domestic air commerce --
(A) Airplanes powered by four turbojet engines with no bypass ratio
or with a bypass ratio less than two;
(B) Airplanes powered by engines with any other bypass ratio or by
another number of engines; and
(C) Airplanes covered by an exemption issued under 91.811 of this
subpart.
(ii) For airplanes engaged in foreign air commerce under an approved
apportionment plan --
(A) Airplanes powered by four turbojet engines with no bypass ratio
or with a bypass ratio less than two;
(B) Airplanes powered by engines with any other bypass ratio or by
another number of engines; and
(C) Airplanes covered by an exemption issued under 91.811 of this
subpart.
(4) For each airplane covered by this section --
(i) Aircraft type and model;
(ii) Aircraft registration number;
(iii) Aircraft manufacturer serial number;
(iv) Aircraft powerplant make and model;
(v) Aircraft year of manufacture;
(vi) Whether part 36 noise level compliance has been shown,
''Yes/No'';
(vii) The appropriate code prescribed under paragraph (c)(5) of this
section which indicates the acoustical technology installed, or to be
installed, on the airplane;
(viii) For airplanes on which acoustical technology has been or will
be applied, following the appropriate code entry, the actual or
scheduled month and year of installation on the airplane;
(ix) For DC-8 and B-707 airplanes operated in domestic U.S. air
commerce which have been or will be retired from service in the United
States without replacement between January 24, 1977, and January 1,
1985, the appropriate code prescribed under paragraph (c)(5) of this
section followed by the actual or scheduled month and year of retirement
of the airplane from service;
(x) For DC-8 and B-707 airplanes operated in foreign air commerce in
the United States which have been or will be retired from service in the
United States without replacement between April 14, 1980, and January 1,
1985, the appropriate code prescribed under paragraph (c)(5) of this
section followed by the actual or scheduled month and year of retirement
of the airplane from service;
(xi) For airplanes covered by an approved replacement plan under
91.807(c) of this subpart, the appropriate code prescribed under
paragraph (c)(5) of this section followed by the scheduled month and
year for replacement of the airplane;
(xii) For airplanes designated as ''engaged in foreign commerce'' in
accordance with an approved method of apportionment under 91.807(c) of
this subpart, the appropriate code prescribed under paragraph (c)(5) of
this section;
(xiii) For airplanes covered by an exemption issued to the operator
granting relief from noise level requirements of this subpart, the
appropriate code prescribed under paragraph (c)(5) of this section
followed by the actual or scheduled month and year of expiration of the
exemption and the appropriate code and applicable dates which indicate
the compliance strategy planned or implemented for the airplane;
(xiv) For all airplanes covered by this section, the number of spare
shipsets of acoustical components needed for continuous compliance and
the number available on demand to the operator in support of those
airplanes; and
(xv) For airplanes for which none of the other codes prescribed under
paragraph (c)(5) of this section describes either the technology applied
or to be applied to the airplane in accordance with the certification
requirements under parts 21 and 36 of this chapter, or the compliance
strategy or methodology following the code ''OTH,'' enter the date of
any certificate action and attach an addendum to the plan explaining the
nature and the extent of the certificated technology, strategy, or
methodology employed, with reference to the type certificate
documentation.
REP -- For airplanes covered by an approved replacement plan under
91.807(c) of this subpart.
EFC -- For airplanes designated as ''engaged in foreign commerce'' in
accordance with an approved method of apportionment under 91.811 of
this subpart.
RET -- For DC-8 and B-707 airplanes operated in domestic U.S. air
commerce and retired from service in the United States without
replacement between January 24, 1977, and January 1, 1985. RFC -- For
DC-8 and B-707 airplanes operated by U.S. operators in foreign air
commerce in the United States and retired from service in the United
States without replacement between April 14, 1980, and January 1, 1985.
EXD -- For airplanes exempted from showing compliance with the noise
level requirements of this subpart.
OTH -- For airplanes for which no other prescribed code describes
either the certificated technology applied or to be applied to the
airplane, or the compliance strategy or methodology. (An addendum must
explain the nature and extent of technology, strategy, or methodology
and reference the type certificate documentation.)
14 CFR 91.815 Agricultural and fire fighting airplanes: Noise
operating limitations.
(a) This section applies to propeller-driven, small airplanes having
standard airworthiness certificates that are designed for ''agricultural
aircraft operations'' (as defined in 137.3 of this chapter, as
effective on January 1, 1966) or for dispensing fire fighting materials.
(b) If the Airplane Flight Manual, or other approved manual material
information, markings, or placards for the airplane indicate that the
airplane has not been shown to comply with the noise limits under part
36 of this chapter, no person may operate that airplane, except --
(1) To the extent necessary to accomplish the work activity directly
associated with the purpose for which it is designed;
(2) To provide flight crewmember training in the special purpose
operation for which the airplane is designed; and
(3) To conduct ''nondispensing aerial work operations'' in accordance
with the requirements under 137.29(c) of this chapter.
14 CFR 91.817 Civil aircraft sonic boom.
(a) No person may operate a civil aircraft in the United States at a
true flight Mach number greater than 1 except in compliance with
conditions and limitations in an authorization to exceed Mach 1 issued
to the operator under appendix B of this part.
(b) In addition, no person may operate a civil aircraft for which the
maximum operating limit speed MM0 exceeds a Mach number of 1, to or from
an airport in the United States, unless --
(1) Information available to the flight crew includes flight
limitations that ensure that flights entering or leaving the United
States will not cause a sonic boom to reach the surface within the
United States; and
(2) The operator complies with the flight limitations prescribed in
paragraph (b)(1) of this section or complies with conditions and
limitations in an authorization to exceed Mach 1 issued under appendix B
of this part.
(Approved by the Office of Management and Budget under control number
2120-0005)
14 CFR 91.819 Civil supersonic airplanes that do not comply with part
36.
(a) Applicability. This section applies to civil supersonic
airplanes that have not been shown to comply with the Stage 2 noise
limits of part 36 in effect on October 13, 1977, using applicable
trade-off provisions, and that are operated in the United States, after
July 31, 1978.
(b) Airport use. Except in an emergency, the following apply to each
person who operates a civil supersonic airplane to or from an airport in
the United States:
(1) Regardless of whether a type design change approval is applied
for under part 21 of this chapter, no person may land or take off an
airplane covered by this section for which the type design is changed,
after July 31, 1978, in a manner constituting an ''acoustical change''
under 21.93 unless the acoustical change requirements of part 36 are
complied with.
(2) No flight may be scheduled, or otherwise planned, for takeoff or
landing after 10 p.m. and before 7 a.m. local time.
14 CFR 91.821 Civil supersonic airplanes: Noise limits.
Except for Concorde airplanes having flight time before January 1,
1980, no person may operate in the United States, a civil supersonic
airplane that does not comply with Stage 2 noise limits of part 36 in
effect on October 13, 1977, using applicable trade-off provisions.
91.823 -- 91.849 (Reserved)
14 CFR 91.851 Definitions.
For the purposes of 91.851 through 91.875 of this subpart:
Contiguous United States means the area encompassed by the 48
contiguous United States and the District of Columbia.
Fleet means those civil subsonic turbojet airplanes with a maximum
certificated weight of more than 75,000 pounds that are listed on an
operator's operations specifications as eligible for operation in the
contiguous United States.
Import means a change in ownership of an airplane from a non-U.S.
person to a U.S. person when the airplane is brought into the United
States for operation.
Operations specifications means an enumeration of airplanes by type,
model, series, and serial number operated by the operator or foreign air
carrier on a given day, regardless of how or whether such airplanes are
formally listed or designated by the operator.
Owner means any person that has indicia of ownership sufficient to
register the airplane in the United States pursuant to part 47 of this
chapter.
New entrant means an air carrier or foreign air carrier that, on or
before November 5, 1990, did not conduct operations under part 121, 125,
129, or 135 of this chapter using an airplane covered by this subpart to
or from any airport in the contiguous United States, but that initiates
such operation after that date.
Stage 2 noise levels mean the requirements for Stage 2 noise levels
as defined in part 36 of this chapter in effect on November 5, 1990.
Stage 3 noise levels mean the requirements for Stage 3 noise levels
as defined in part 36 of this chapter in effect on November 5, 1990.
Stage 2 airplane means a civil subsonic turbojet airplane with a
maximum certificated weight of 75,000 pounds or more that complies with
Stage 2 noise levels as defined in part 36 of this chapter.
Stage 3 airplane means a civil subsonic turbojet airplane with a
maximum certificated weight of 75,000 pounds or more that complies with
Stage 3 noise levels as defined in part 36 of this chapter.
(Doc. No. 26433, 56 FR 48658, Sept. 25, 1991)
14 CFR 91.853 Final compliance: Civil subsonic airplanes.
Except as provided in 91.873, after December 31, 1999, no person
shall operate to or from any airport in the contiguous United States any
airplane subject to 91.801(c) of this subpart, unless that airplane has
been shown to comply with Stage 3 noise levels.
(Doc. No. 26433, 56 FR 48658, Sept. 25, 1991)
14 CFR 91.855 Entry and nonaddition rule.
No person may operate any airplane subject to 91.801(c) of this
subpart to or from an airport in the contiguous United States unless one
or more of the following apply:
(a) The airplane complies with Stage 3 noise levels.
(b) The airplane complies with Stage 2 noise levels and was owned by
a U.S. person on and since November 5, 1990. Stage 2 airplanes that
meet these criteria and are leased to foreign airlines are also subject
to the return provisions of paragraph (e) of this section.
(c) The airplane complies with Stage 2 noise levels, is owned by a
non-U.S. person, and is the subject of a binding lease to a U.S. person
effective before and on September 25, 1991. Any such airplane may be
operated for the term of the lease in effect on that date, and any
extensions thereof provided for in that lease.
(d) The airplane complies with Stage 2 noise levels and is operated
by a foreign air carrier.
(e) The airplane complies with Stage 2 noise levels and is operated
by a foreign operator other than for the purpose of foreign air
commerce.
(f) The airplane complies with Stage 2 noise levels and --
(1) On November 5, 1990, was owned by:
(i) A corporation, trust, or partnership organized under the laws of
the United States or any State (including individual States,
territories, possessions, and the District of Columbia);
(ii) An individual who is a citizen of the United States; or
(iii) An entity owned or controlled by a corporation, trust,
partnership, or individual described in paragraph (f)(1) (i) or (ii) of
this section; and
(2) Enters into the United States not later than 6 months after the
expiration of a lease agreement (including any extensions thereof)
between an owner described in paragraph (f)(1) of this section and a
foreign airline.
(g) The airplane complies with Stage 2 noise levels and was purchased
by the importer under a written contract executed before November 5,
1990.
(h) Any Stage 2 airplane described in this section is eligible for
operation in the contiguous United States only as provided under 91.865
or 91.867.
(Doc. No. 26433, 56 FR 48658, Sept. 25, 1991; 56 FR 51167, Oct. 10,
1991)
14 CFR 91.857 Airplanes imported to points outside the contiguous
United States.
An operator of a Stage 2 airplane that was imported into a
noncontiguous State, territory, or possession of the United States on or
after November 5, 1990, shall:
(a) Include in its operations specifications a statement that such
airplane may not be used to provide air transportation to or from any
airport in the contiguous United States.
(b) Obtain a special flight authorization to operate that airplane
into the contiguous United States for the purpose of maintenance. The
special flight authorization must include a statement indicating that
this regulation is the basis for the authorization.
(Doc. No. 26433, 56 FR 48658, Sept. 25, 1991)
14 CFR 91.859 Modification to meet Stage 3 noise levels.
For an airplane subject to 91.801(c) of this subpart and otherwise
prohibited from operation to or from an airport in the contiguous United
States by 91.855, any person may apply for a special flight
authorization for that airplane to operate in the contiguous United
States for the purpose of obtaining modifications to meet Stage 3 noise
levels.
(Doc. No. 26433, 56 FR 48658, Sept. 25, 1991)
14 CFR 91.861 Base level.
(a) U.S. Operators. The base level of a U.S. operator is equal to the
number of owned or leased Stage 2 airplanes subject to 91.801(c) of
this subpart that were listed on that operator's operations
specifications for operations to or from airports in the contiguous
United States on any one day selected by the operator during the period
January 1, 1990, through July 1, 1991, plus or minus adjustments made
pursuant to paragraphs (a) (1) and (2).
(1) The base level of a U.S. operator shall be increased by a number
equal to the total of the following --
(i) The number of Stage 2 airplanes returned to service in the United
States pursuant to 91.855(f);
(ii) The number of Stage 2 airplanes purchased pursuant to
91.855(g); and
(iii) Any U.S. operator base level acquired with a Stage 2 airplane
transferred from another person under 91.863.
(2) The base level of a U.S. operator shall be decreased by the
amount of U.S. operator base level transferred with the corresponding
number of Stage 2 airplanes to another person under 91.863.
(b) Foreign air carriers. The base level of a foreign air carrier is
equal to the number of owned or leased Stage 2 airplanes that were
listed on that carrier's U.S. operations specifications on any one day
during the period January 1, 1990, through July 1, 1991, plus or minus
any adjustments to the base levels made pursuant to paragraphs (b) (1)
and (2).
(1) The base level of a foreign air carrier shall be increased by the
amount of foreign air carrier base level acquired with a Stage 2
airplane from another person under 91.863.
(2) The base level of a foreign air carrier shall be decreased by the
amount of foreign air carrier base level transferred with a Stage 2
airplane to another person under 91.863.
(c) New entrants do not have a base level.
(Doc. No. 26433, 56 FR 48659, Sept. 25, 1991; 56 FR 51167, Oct. 10,
1991)
14 CFR 91.863 Transfers of Stage 2 airplanes with base level.
(a) Stage 2 airplanes may be transferred with or without the
corresponding amount of base level. Base level may not be transferred
without the corresponding number of Stage 2 airplanes.
(b) No portion of a U.S. operator's base level established under
91.861(a) may be used for operations by a foreign air carrier. No
portion of a foreign air carrier's base level established under
91.861(b) may be used for operations by a U.S. operator.
(c) Whenever a transfer of Stage 2 airplanes with base level occurs,
the transferring and acquiring parties shall, within 10 days, jointly
submit written notification of the transfer to the FAA, Office of
Environment and Energy. Such notification shall state:
(1) The names of the transferring and acquiring parties;
(2) The name, address, and telephone number of the individual
responsible for submitting the notification on behalf of the
transferring and acquiring parties;
(3) The total number of Stage 2 airplanes transferred, listed by
airplane type, model, series, and serial number;
(4) The corresponding amount of base level transferred and whether it
is U.S. operator or foreign air carrier base level; and
(5) The effective date of the transaction.
(d) If, taken as a whole, a transaction or series of transactions
made pursuant to this section does not produce an increase or decrease
in the number of Stage 2 airplanes for either the acquiring or
transferring operator, such transaction or series of transactions may
not be used to establish compliance with the requirements of 91.865.
(Doc. No. 26433, 56 FR 48659, Sept. 25, 1991)
14 CFR 91.865 Phased compliance for operators with base level.
Except as provided in paragraph (a) of this section, each operator
that operates an airplane under part 91, 121, 125, 129, or 135 of this
chapter, regardless of the national registry of the airplane, shall
comply with paragraph (b) or (d) of this section at each interim
compliance date with regard to its subsonic airplane fleet covered by
91.801(c) of this subpart.
(a) This section does not apply to new entrants covered by 91.867 or
to foreign operators not engaged in foreign air commerce.
(b) Each operator that chooses to comply with this paragraph pursuant
to any interim compliance requirement shall reduce the number of Stage 2
airplanes it operates that are eligible for operation in the contiguous
United States to a maximum of:
(1) After December 31, 1994, 75 percent of the base level held by the
operator;
(2) After December 31, 1996, 50 percent of the base level held by the
operator;
(3) After December 31, 1998, 25 percent of the base level held by the
operator.
(c) Except as provided under 91.871, the number of Stage 2 airplanes
that must be reduced at each compliance date contained in paragraph (b)
of this section shall be determined by reference to the amount of base
level held by the operator on that compliance date, as calculated under
91.861.
(d) Each operator that chooses to comply with this paragraph pursuant
to any interim compliance requirement shall operate a fleet that
consists of:
(1) After December 31, 1994, not less than 55 percent Stage 3
airplanes;
(2) After December 31, 1996, not less than 65 percent Stage 3
airplanes;
(3) After December 31, 1998, not less than 75 percent Stage 3
airplanes.
(e) Calculations resulting in fractions may be rounded to permit the
continued operation of the next whole number of Stage 2 airplanes.
(Doc. No. 26433, 56 FR 48659, Sept. 25, 1991)
14 CFR 91.867 Phased compliance for new entrants.
(a) New entrant U.S. air carriers.
(1) A new entrant initiating operations under part 121, 125, or 135
of this chapter on or before December 31, 1994, may initiate service
without regard to the percentage of its fleet composed of Stage 3
airplanes.
(2) After December 31, 1994, at least 25 percent of the fleet of a
new entrant must comply with Stage 3 noise levels.
(3) After December 31, 1996, at least 50 percent of the fleet of a
new entrant must comply with Stage 3 noise levels.
(4) After December 31, 1998, at least 75 percent of the fleet of a
new entrant must comply with Stage 3 noise levels.
(b) New entrant foreign air carriers.
(1) A new entrant foreign air carrier initiating part 129 operations
on or before December 31, 1994, may initiate service without regard to
the percentage of its fleet composed of Stage 3 airplanes.
(2) After December 31, 1994, at least 25 percent of the fleet on U.S.
operations specifications of a new entrant foreign air carrier must
comply with Stage 3 noise levels.
(3) After December 31, 1996, at least 50 percent of the fleet on U.S.
operations specifications of a new entrant foreign air carrier must
comply with Stage 3 noise levels.
(4) After December 31, 1998, at least 75 percent of the fleet on U.S.
operations specifications of a new entrant foreign air carrier must
comply with Stage 3 noise levels.
(c) Calculations resulting in fractions may be rounded to permit the
continued operation of the next whole number of Stage 2 airplanes.
(Doc. No. 26433, 56 FR 48659, Sept. 25, 1991)
14 CFR 91.869 Carry-forward compliance.
(a) Any operator that exceeds the requirements of paragraph (b) of
91.865 of this part on or before December 31, 1994, or on or before
December 31, 1996, may claim a credit that may be applied at a
subsequent interim compliance date.
(b) Any operator that eliminates or modifies more Stage 2 airplanes
pursuant to 91.865(b) than required as of December 31, 1994, or
December 31, 1996, may count the number of additional Stage 2 airplanes
reduced as a credit toward --
(1) The number of Stage 2 airplanes it would otherwise be required to
reduce following a subsequent interim compliance date specified in
91.865(b); or
(2) The number of Stage 3 airplanes it would otherwise be required to
operate in its fleet following a subsequent interim compliance date to
meet the percentage requirements specified in 91.865(d).
(Doc. No. 26433, 56 FR 48659, Sept. 25, 1991; 56 FR 65783, Dec. 18,
1991)
14 CFR 91.871 Waivers from interim compliance requirements.
(a) Any U.S. operator or foreign air carrier subject to the
requirements of 91.865 or 91.867 of this subpart may request a waiver
from any individual compliance requirement.
(b) Applications must be filed with the Secretary of Transportation
at least 120 days prior to the compliance date from which the waiver is
requested.
(c) Applicants must show that a grant of waiver would be in the
public interest, and must include in its application its plans and
activities for modifying its fleet, including evidence of good faith
efforts to comply with the requirements of 91.865 or 91.867. The
application should contain all information the applicant considers
relevant, including, as appropriate, the following:
(1) The applicant's balance sheet and cash flow positions;
(2) The composition of the applicant's current fleet; and
(3) The applicant's delivery position with respect to new airplanes
or noise-abatement equipment.
(d) Waivers will be granted only upon a showing by the applicant that
compliance with the requirements of 91.865 or 91.867 at a particular
interim compliance date is financially onerous, physically impossible,
or technologically infeasible, or that it would have an adverse effect
on competition or on service to small communities.
(e) The conditions of any waiver granted under this section shall be
determined by the circumstances presented in the application, but in no
case may the term extend beyond the next interim compliance date.
(f) A summary of any request for a waiver under this section will be
published in the Federal Register, and public comment will be invited.
Unless the Secretary finds that circumstances require otherwise, the
public comment period will be at least 14 days.
(Doc. No. 26433, 56 FR 48660, Sept. 25, 1991)
14 CFR 91.873 Waivers from final compliance.
(a) A U.S. air carrier may apply for a waiver from the prohibition
contained in 91.853 for its remaining Stage 2 airplanes, provided that,
by July 1, 1999, at least 85 percent of the airplanes used by the
carrier to provide service to or from an airport in the contiguous
United States will comply with the Stage 3 noise levels.
(b) An application for the waiver described in paragraph (a) of this
section must be filed with the Secretary of Transportation no later than
January 1, 1999. Such application must include a plan with firm orders
for replacing or modifying all airplanes to comply with Stage 3 noise
levels at the earliest practicable time.
(c) To be eligible to apply for the waiver under this section, a new
entrant U.S. air carrier must initiate service no later than January 1,
1999, and must comply fully with all provisions of this section.
(d) The Secretary may grant a waiver under this section if the
Secretary finds that granting such waiver is in the public interest. In
making such a finding, the Secretary shall include consideration of the
effect of granting such waiver on competition in the air carrier
industry and the effect on small community air service, and any other
information submitted by the applicant that the Secretary considers
relevant.
(e) The term of any waiver granted under this section shall be
determined by the circumstances presented in the application, but in no
case will the waiver permit the operation of any Stage 2 airplane
covered by this subchapter in the contiguous United States after
December 31, 2003.
(f) A summary of any request for a waiver under this section will be
published in the Federal Register, and public comment will be invited.
Unless the secretary finds that circumstances require otherwise, the
public comment period will be at least 14 days.
(Doc. No. 26433, 56 FR 48660, Sept. 25, 1991; 56 FR 51167 Oct. 10,
1991)
14 CFR 91.875 Annual progress reports.
(a) Each operator subject to 91.865 or 91.867 of this chapter shall
submit an annual report to the FAA, Office of Environment and Energy, on
the progress it has made toward complying with the requirements of that
section. Such reports shall be submitted no later than 45 days after
the end of a calendar year. All progress reports must provide the
information through the end of the calendar year, be certified by the
operator as true and complete (under penalty of 18 U.S.C. 1001), and
include the following information:
(1) The name and address of the operator;
(2) The name, title, and telephone number of the person designated by
the operator to be responsible for ensuring the accuracy of the
information in the report;
(3) The operator's progress during the reporting period toward
compliance with the requirements of 91.853, 91.865 or 91.867. For
airplanes on U.S. operations specifications, each operator shall
identify the airplanes by type, model, series, and serial number.
(i) Each Stage 2 airplane added or removed from operation or U.S.
operations specifications (grouped separately by those airplanes
acquired with and without base level);
(ii) Each Stage 2 airplane modified to Stage 3 noise levels
(identifying the manufacturer and model of noise abatement retrofit
equipment;
(iii) Each Stage 3 airplane on U.S. operations specifications as of
the last day of the reporting period; and
(iv) For each Stage 2 airplane transferred or acquired, the name and
address of the recipient or transferor; and, if base level was
transferred, the person to or from whom base level was transferred or
acquired pursuant to Section 91.863 along with the effective date of
each base level transaction, and the type of base level transferred or
acquired.
(b) Each operator subject to 91.865 or 91.867 of this chapter shall
submit an initial progress report covering the period from January 1,
1990, through December 31, 1991, and provide:
(1) For each operator subject to 91.865:
(i) The date used to establish its base level pursuant to 91.861(a);
and
(ii) A list of those Stage 2 airplanes (by type, model, series and
serial number) in its base level, including adjustments made pursuant to
91.861 after the date its base level was established.
(2) For each U.S. operator:
(i) A plan to meet the compliance schedules in 91.865 or 91.867 and
the final compliance date of 91.853, including the schedule for
delivery of replacement Stage 3 airplanes or the installation of noise
abatement retrofit equipment; and
(ii) A separate list (by type, model, series, and serial number) of
those airplanes included in the operator's base level, pursuant to
91.861(a)(1) (i) and (ii), under the categories ''returned'' or
''purchased,'' along with the date each was added to its operations
specifications.
(c) Each operator subject to 91.865 or 91.867 of this chapter shall
submit subsequent annual progress reports covering the calendar year
preceding the report and including any changes in the information
provided in paragraphs (a) and (b) of this section; including the use
of any carry-forward credits pursuant to 91.869.
(d) An operator may request, in any report, that specific planning
data be considered proprietary.
(e) If an operator's actions during any reporting period cause it to
achieve compliance with 91.853, the report should include a statement
to that effect. Further progress reports are not required unless there
is any change in the information reported pursuant to paragraph (a) of
this section.
(f) For each U.S. operator subject to 91.865, progress reports
submitted for calendar years 1994, 1996, and 1998, shall also state how
the operator achieved compliance with the requirements of that section,
i.e. --
(1) By reducing the number of Stage 2 airplanes in its fleet to no
more than the maximum permitted percentage of its base level under
91.865(b), or
(2) By operating a fleet that consists of at least the minimum
required percentage of Stage 3 airplanes under 91.865(d).
(Doc. No. 26433, 56 FR 48660, Sept. 25, 1991; 56 FR 51168, Oct. 10,
1991)
91.877-91.899 (Reserved)
14 CFR 91.875 Subpart J -- Waivers
91.901 (Reserved)
14 CFR 91.903 Policy and procedures.
(a) The Administrator may issue a certificate of waiver authorizing
the operation of aircraft in deviation from any rule listed in this
subpart if the Administrator finds that the proposed operation can be
safely conducted under the terms of that certificate of waiver.
(b) An application for a certificate of waiver under this part is
made on a form and in a manner prescribed by the Administrator and may
be submitted to any FAA office.
(c) A certificate of waiver is effective as specified in that
certificate of waiver.
(Doc. No. 18334, 54 FR 34325, Aug. 18, 1989)
14 CFR 91.905 List of rules subject to waivers.
Sec.
91.107 Use of safety belts.
91.111 Operating near other aircraft.
91.113 Right-of-way rules: Except water operations.
91.115 Right-of-way rules: Water operations.
91.117 Aircraft speed.
91.119 Minimum safe altitudes: General.
91.121 Altimeter settings.
91.123 Compliance with ATC clearances and instructions.
91.125 ATC light signals.
91.127 Operating on or in the vicinity of an airport: General rules.
91.129 Operating at airports with operating control towers.
91.131 Terminal control areas.
91.133 Restricted and prohibited areas.
91.135 Positive control areas and route segments.
91.137 Temporary flight restrictions.
91.141 Flight restrictions in the proximity of the Presidential and
other parties.
91.143 Flight limitation in the proximity of space flight operations.
91.153 VFR flight plan: Information required.
91.155 Basic VFR weather minimums
91.157 Special VFR weather minimums.
91.159 VFR cruising altitude or flight level.
91.169 IFR flight plan: Information required.
91.173 ATC clearance and flight plan required.
91.175 Takeoff and landing under IFR.
91.177 Minimum altitudes for IFR operations.
91.179 IFR cruising altitude or flight level.
91.181 Course to be flown.
91.183 IFR radio communications.
91.185 IFR operations: Two-way radio communications failure.
91.187 Operation under IFR in controlled airspace: Malfunction
reports.
91.209 Aircraft lights.
91.303 Aerobatic flights.
91.305 Flight test areas.
91.311 Towing: Other than under 91.309.
91.313(e) Restricted category civil aircraft: Operating limitations.
91.515 Flight altitude rules.
91.705 Operations within the North Atlantic Minimum Navigation
Performance Specifications Airspace.
91.707 Flights between Mexico or Canada and the United States.
91.713 Operation of civil aircraft of Cuban registry.
(Doc. No. 18334, 54 FR 34325, Aug. 18, 1989, as amended by Amdt.
91-227, 56 FR 65661, Dec. 17, 1991)
Effective Date Note: By Amdt. 91-227, 56 FR 65661, Dec. 17, 1991,
91.905 was amended by adding 91.126, and revising 91.127, 91.129,
91.130, 91.131, and 91.135, effective September 16, 1993. For the
convenience of the user, the revised and new text follows.
91.905 List of rules subject to waivers.
91.126 Operating on or in the vicinity of an airport in Class G
airspace.
91.127 Operating on or in the vicinity of an airport in Class E
airspace.
91.129 Operations in Class D airspace.
91.130 Operations in Class C airspace.
91.131 Operations in Class B airspace.
91.135 Operations in Class A airspace.
91.907 -- 91.999 (Reserved)
14 CFR 91.905 Appendices to Part 91
14 CFR 91.905 Pt. 91, App. A
14 CFR 91.905 Appendix A to Part 91 -- Category II Operations: Manual,
Instruments, Equipment, and Maintenance
(a) Application for approval. An applicant for approval of a
Category II manual or an amendment to an approved Category II manual
must submit the proposed manual or amendment to the Flight Standards
District Office having jurisdiction of the area in which the applicant
is located. If the application requests an evaluation program, it must
include the following:
(1) The location of the aircraft and the place where the
demonstrations are to be conducted; and
(2) The date the demonstrations are to commence (at least 10 days
after filing the application).
(b) Contents. Each Category II manual must contain:
(1) The registration number, make, and model of the aircraft to which
it applies;
(2) A maintenance program as specified in section 4 of this appendix;
and
(3) The procedures and instructions related to recognition of
decision height, use of runway visual range information, approach
monitoring, the decision region (the region between the middle marker
and the decision height), the maximum permissible deviations of the
basic ILS indicator within the decision region, a missed approach, use
of airborne low approach equipment, minimum altitude for the use of the
autopilot, instrument and equipment failure warning systems, instrument
failure, and other procedures, instructions, and limitations that may be
found necessary by the Administrator.
The instruments and equipment listed in this section must be
installed in each aircraft operated in a Category II operation. This
section does not require duplication of instruments and equipment
required by 91.205 or any other provisions of this chapter.
(a) Group I. (1) Two localizer and glide slope receiving systems.
Each system must provide a basic ILS display and each side of the
instrument panel must have a basic ILS display. However, a single
localizer antenna and a single glide slope antenna may be used.
(2) A communications system that does not affect the operation of at
least one of the ILS systems.
(3) A marker beacon receiver that provides distinctive aural and
visual indications of the outer and the middle markers.
(4) Two gyroscopic pitch and bank indicating systems.
(5) Two gyroscopic direction indicating systems.
(6) Two airspeed indicators.
(7) Two sensitive altimeters adjustable for barometric pressure, each
having a placarded correction for altimeter scale error and for the
wheel height of the aircraft. After June 26, 1979, two sensitive
altimeters adjustable for barometric pressure, having markings at
20-foot intervals and each having a placarded correction for altimeter
scale error and for the wheel height of the aircraft.
(8) Two vertical speed indicators.
(9) A flight control guidance system that consists of either an
automatic approach coupler or a flight director system. A flight
director system must display computed information as steering command in
relation to an ILS localizer and, on the same instrument, either
computed information as pitch command in relation to an ILS glide slope
or basic ILS glide slope information. An automatic approach coupler
must provide at least automatic steering in relation to an ILS
localizer. The flight control guidance system may be operated from one
of the receiving systems required by subparagraph (1) of this paragraph.
(10) For Category II operations with decision heights below 150 feet
either a marker beacon receiver providing aural and visual indications
of the inner marker or a radio altimeter.
(b) Group II. (1) Warning systems for immediate detection by the
pilot of system faults in items (1), (4), (5), and (9) of Group I and,
if installed for use in Category III operations, the radio altimeter and
autothrottle system.
(2) Dual controls.
(3) An externally vented static pressure system with an alternate
static pressure source.
(4) A windshield wiper or equivalent means of providing adequate
cockpit visibility for a safe visual transition by either pilot to
touchdown and rollout.
(5) A heat source for each airspeed system pitot tube installed or an
equivalent means of preventing malfunctioning due to icing of the pitot
system.
(a) General. The instruments and equipment required by section 2 of
this appendix must be approved as provided in this section before being
used in Category II operations. Before presenting an aircraft for
approval of the instruments and equipment, it must be shown that since
the beginning of the 12th calendar month before the date of submission
--
(1) The ILS localizer and glide slope equipment were bench checked
according to the manufacturer's instructions and found to meet those
standards specified in RTCA Paper 23-63/DO-117 dated March 14, 1963,
''Standard Adjustment Criteria for Airborne Localizer and Glide Slope
Receivers,'' which may be obtained from the RTCA Secretariat, 1425 K
St., NW., Washington, DC 20005.
(2) The altimeters and the static pressure systems were tested and
inspected in accordance with appendix E to part 43 of this chapter; and
(3) All other instruments and items of equipment specified in section
2(a) of this appendix that are listed in the proposed maintenance
program were bench checked and found to meet the manufacturer's
specifications.
(b) Flight control guidance system. All components of the flight
control guidance system must be approved as installed by the evaluation
program specified in paragraph (e) of this section if they have not been
approved for Category III operations under applicable type or
supplemental type certification procedures. In addition, subsequent
changes to make, model, or design of the components must be approved
under this paragraph. Related systems or devices, such as the
autothrottle and computed missed approach guidance system, must be
approved in the same manner if they are to be used for Category II
operations.
(c) Radio altimeter. A radio altimeter must meet the performance
criteria of this paragraph for original approval and after each
subsequent alteration.
(1) It must display to the flight crew clearly and positively the
wheel height of the main landing gear above the terrain.
(2) It must display wheel height above the terrain to an accuracy of
plus or minus 5 feet or 5 percent, whichever is greater, under the
following conditions:
(i) Pitch angles of zero to plus or minus 5 degrees about the mean
approach attitude.
(ii) Roll angles of zero to 20 degrees in either direction.
(iii) Forward velocities from minimum approach speed up to 200 knots.
(iv) Sink rates from zero to 15 feet per second at altitudes from 100
to 200 feet.
(3) Over level ground, it must track the actual altitude of the
aircraft without significant lag or oscillation.
(4) With the aircraft at an altitude of 200 feet or less, any abrupt
change in terrain representing no more than 10 percent of the aircraft's
altitude must not cause the altimeter to unlock, and indicator response
to such changes must not exceed 0.1 seconds and, in addition, if the
system unlocks for greater changes, it must reacquire the signal in less
than 1 second.
(5) Systems that contain a push-to-test feature must test the entire
system (with or without an antenna) at a simulated altitude of less than
500 feet.
(6) The system must provide to the flight crew a positive failure
warning display any time there is a loss of power or an absence of
ground return signals within the designed range of operating altitudes.
(d) Other instruments and equipment. All other instruments and items
of equipment required by 2 of this appendix must be capable of
performing as necessary for Category II operations. Approval is also
required after each subsequent alteration to these instruments and items
of equipment.
(e) Evaluation program -- (1) Application. Approval by evaluation is
requested as a part of the application for approval of the Category II
manual.
(2) Demonstrations. Unless otherwise authorized by the
Administrator, the evaluation program for each aircraft requires the
demonstrations specified in this paragraph. At least 50 ILS approaches
must be flown with at least five approaches on each of three different
ILS facilities and no more than one half of the total approaches on any
one ILS facility. All approaches shall be flown under simulated
instrument conditions to a 100-foot decision height and 90 percent of
the total approaches made must be successful. A successful approach is
one in which --
(i) At the 100-foot decision height, the indicated airspeed and
heading are satisfactory for a normal flare and landing (speed must be
plus or minus 5 knots of programmed airspeed, but may not be less than
computed threshold speed if autothrottles are used);
(ii) The aircraft at the 100-foot decision height, is positioned so
that the cockpit is within, and tracking so as to remain within, the
lateral confines of the runway extended;
(iii) Deviation from glide slope after leaving the outer marker does
not exceed 50 percent of full-scale deflection as displayed on the ILS
indicator;
(iv) No unusual roughness or excessive attitude changes occur after
leaving the middle marker; and
(v) In the case of an aircraft equipped with an approach coupler, the
aircraft is sufficiently in trim when the approach coupler is
disconnected at the decision height to allow for the continuation of a
normal approach and landing.
(3) Records. During the evaluation program the following information
must be maintained by the applicant for the aircraft with respect to
each approach and made available to the Adninistrator upon request:
(i) Each deficiency in airborne instruments and equipment that
prevented the initiation of an approach.
(ii) The reasons for discontinuing an approach, including the
altitude above the runway at which it was discontinued.
(iii) Speed control at the 100-foot decision height if auto throttles
are used.
(iv) Trim condition of the aircraft upon disconnecting the auto
coupler with respect to continuation to flare and landing.
(v) Position of the aircraft at the middle marker and at the decision
height indicated both on a diagram of the basic ILS display and a
diagram of the runway extended to the middle marker. Estimated
touchdown point must be indicated on the runway diagram.
(vi) Compatibility of flight director with the auto coupler, if
applicable.
(vii) Quality of overall system performance.
(4) Evaluation. A final evaluation of the flight control guidance
system is made upon successful completion of the demonstrations. If no
hazardous tendencies have been displayed or are otherwise known to
exist, the system is approved as installed.
(a) Each maintenance program must contain the following:
(1) A list of each instrument and item of equipment specified in 2
of this appendix that is installed in the aircraft and approved for
Category II operations, including the make and model of those specified
in 2(a).
(2) A schedule that provides for the performance of inspections under
subparagraph (5) of this paragraph within 3 calendar months after the
date of the previous inspection. The inspection must be performed by a
person authorized by part 43 of this chapter, except that each alternate
inspection may be replaced by a functional flight check. This
functional flight check must be performed by a pilot holding a Category
II pilot authorization for the type aircraft checked.
(3) A schedule that provides for the performance of bench checks for
each listed instrument and item of equipment that is specified in
section 2(a) within 12 calendar months after the date of the previous
bench check.
(4) A schedule that provides for the performance of a test and
inspection of each static pressure system in accordance with appendix E
to part 43 of this chapter within 12 calendar months after the date of
the previous test and inspection.
(5) The procedures for the performance of the periodic inspections
and functional flight checks to determine the ability of each listed
instrument and item of equipment specified in section 2(a) of this
appendix to perform as approved for Category II operations including a
procedure for recording functional flight checks.
(6) A procedure for assuring that the pilot is informed of all
defects in listed instruments and items of equipment.
(7) A procedure for assuring that the condition of each listed
instrument and item of equipment upon which maintenance is performed is
at least equal to its Category II approval condition before it is
returned to service for Category II operations.
(8) A procedure for an entry in the maintenance records required by
43.9 of this chapter that shows the date, airport, and reasons for each
discontinued Category II operation because of a malfunction of a listed
instrument or item of equipment.
(b) Bench check. A bench check required by this section must comply
with this paragraph.
(1) It must be performed by a certificated repair station holding one
of the following ratings as appropriate to the equipment checked:
(i) An instrument rating.
(ii) A radio rating.
(iii) A rating issued under subpart D of part 145 of this chapter.
(2) It must consist of removal of an instrument or item of equipment
and performance of the following:
(i) A visual inspection for cleanliness, impending failure, and the
need for lubrication, repair, or replacement of parts;
(ii) Correction of items found by that visual inspection; and
(iii) Calibration to at least the manufacturer's specifications
unless otherwise specified in the approved Category II manual for the
aircraft in which the instrument or item of equipment is installed.
(c) Extensions. After the completion of one maintenance cycle of 12
calendar months, a request to extend the period for checks, tests, and
inspections is approved if it is shown that the performance of
particular equipment justifies the requested extension.
(Doc. No. 18334, 54 FR 34325, Aug. 18, 1989)
14 CFR 91.905 Pt. 91, App. B
14 CFR 91.905 Appendix B to Part 91 -- Authorizations to Exceed Mach 1
(section 91.817)
(a) An applicant for an authorization to exceed Mach 1 must apply in
a form and manner prescribed by the Administrator and must comply with
this appendix.
(b) In addition, each application for an authorization to exceed Mach
1 covered by section 2(a) of this appendix must contain all information
requested by the Administrator necessary to assist him in determining
whether the designation of a particular test area or issuance of a
particular authorization is a ''major Federal action significantly
affecting the quality of the human environment'' within the meaning of
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
and to assist him in complying with that act and with related Executive
Orders, guidelines, and orders prior to such action.
(c) In addition, each application for an authorization to exceed Mach
1 covered by section 2(a) of this appendix must contain --
(1) Information showing that operation at a speed greater than Mach 1
is necessary to accomplish one or more of the purposes specified in
section 2(a) of this appendix, including a showing that the purpose of
the test cannot be safely or properly accomplished by overocean testing;
(2) A description of the test area proposed by the applicant,
including an environmental analysis of that area meeting the
requirements of paragraph (b) of this section; and
(3) Conditions and limitations that will ensure that no measurable
sonic boom overpressure will reach the surface outside of the designated
test area.
(d) An application is denied if the Administrator finds that such
action is necessary to protect or enhance the environment.
(a) For a flight in a designated test area, an authorization to
exceed Mach 1 may be issued when the Administrator has taken the
environmental protective actions specified in section 1(b) of this
appendix and the applicant shows one or more of the following:
(1) The flight is necessary to show compliance with airworthiness
requirements.
(2) The flight is necessary to determine the sonic boom
characteristics of the airplane or to establish means of reducing or
eliminating the effects of sonic boom.
(3) The flight is necessary to demonstrate the conditions and
limitations under which speeds greater than a true flight Mach number of
1 will not cause a measurable sonic boom overpressure to reach the
surface.
(b) For a flight outside of a designated test area, an authorization
to exceed Mach 1 may be issued if the applicant shows conservatively
under paragraph (a)(3) of this section that --
(1) The flight will not cause a measurable sonic boom overpressure to
reach the surface when the aircraft is operated under conditions and
limitations demonstrated under paragraph (a)(3) of this section; and
(2) Those conditions and limitations represent all foreseeable
operating conditions.
(a) An authorization to exceed Mach 1 is effective until it expires
or is surrendered, or until it is suspended or terminated by the
Administrator. Such an authorization may be amended or suspended by the
Administrator at any time if the Administrator finds that such action is
necessary to protect the environment. Within 30 days of notification of
amendnent, the holder of the authorization must request reconsideration
or the amendnent becomes final. Within 30 days of notification of
suspension, the holder of the authorization must request reconsideration
or the authorization is automatically terminated. If reconsideration is
requested within the 30-day period, the amendment or suspension
continues until the holder shows why the authorization should not be
amended or terminated. Upon such showing, the Administrator may
terminate or amend the authorization if the Administrator finds that
such action is necessary to protect the environment, or he may reinstate
the authorization without amendment if he finds that termination or
amendnent is not necessary to protect the environment.
(b) Findings and actions by the Administrator under this section do
not affect any certificate issued under title VI of the Federal Aviation
Act of 1958.
(Doc. No. 18334, 54 FR 34327, Aug. 18, 1989)
14 CFR 91.905 Pt. 91, App. C
14 CFR 91.905 Appendix C to Part 91 -- Operations in the North Atlantic
(NAT) Minimum Navigation Performance Specifications (MNPS) Airspace
NAT MNPS airspace is that volume of airspace between FL 275 and FL
400 extending between latitude 27 degrees north and the North Pole,
bounded in the east by the eastern boundaries of control areas Santa
Maria Oceanic, Shanwick Oceanic, and Reykjavik Oceanic and in the west
by the western boundary of Reykjavik Oceanic Control Area, the western
boundary of Gander Oceanic Control Area, and the western boundary of New
York Oceanic Control Area, excluding the areas west of 60 degrees west
and south of 38 degrees 30 minutes north.
The navigation performance capability required for aircraft to be
operated in the airspace defined in section 1 of this appendix is as
follows:
(a) The standard deviation of lateral track errors shall be less than
6.3 NM (11.7 Km). Standard deviation is a statistical measure of data
about a mean value. The mean is zero nautical miles. The overall form
of data is such that the plus and minus 1 standard deviation about the
mean encompasses approximately 68 percent of the data and plus or minus
2 deviations encompasses approximately 95 percent.
(b) The proportion of the total flight time spent by aircraft 30 NM
(55.6 Km) or more off the cleared track shall be less than 5.3 10^4
(less than 1 hour in 1,887 flight hours).
(c) The proportion of the total flight time spent by aircraft between
50 NM and 70 NM (92.6 Km and 129.6 Km) off the cleared track shall be
less than 13 10^5 (less than 1 hour in 7,693 flight hours.)
Air traffic control (ATC) may authorize an aircraft operator to
deviate from the requirements of 91.705 for a specific flight if, at
the time of flight plan filing for that flight, ATC determines that the
aircraft may be provided appropriate separation and that the flight will
not interfere with, or impose a burden upon, the operations of other
aircraft which meet the requirements of 91.705.
(Doc. No. 18334, 54 FR 34327, Aug. 18, 1989)
14 CFR 91.905 Pt. 91, App. D
14 CFR 91.905 Appendix D to Part 91 -- Airports/Locations Where the
Transponder Requirenents of Section 91.215(b)(5)(ii) Apply
The requirements of 91.215(b)(5)(ii) apply to operations in the
vicinity of each of the following airports. Logan International
Airport, Billings, MT.
(Doc. No. 18334, 54 FR 34327, Aug. 18, 1989, as amended by Amdt.
91-217, 55 FR 29988, July 23, 1990)
Effective Date Note: By Amdt. 91-227, 56 FR 65661, Dec. 17, 1991,
appendix D to part 91 was revised, effective September 16, 1993. For
the convenience of the user, the revised text follows.
Operating Restrictions
Section 1. Locations at which the requirements of 91.215(b)(2)
apply.
The requirements of 91.215(b)(2) apply below 10,000 feet above the
surface within a 30-nautical-mile radius of each location in the
following list:
Atlanta, GA (The William B. Hartsfield Atlanta International Airport)
Baltimore, MD (Baltimore Washington International Airport)
Boston, MA (General Edward Lawrence Logan International Airport)
Chantilly, VA (Washington Dulles International Airport)
Charlotte, NC (Charlotte/Douglas International Airport)
Chicago, IL Chicago-O'Hare International Airport)
Cleveland, OH (Cleveland-Hopkins International Airport)
Dallas, TX (Dallas/Fort Worth Regional Airport)
Denver, CO (Stapleton International Airport)
Detroit, MI (Metropolitan Wayne County Airport)
Honolulu, HI (Honolulu International Airport)
Houston, TX (Houston Intercontinental Airport)
Kansas City, KS (Mid-Continent International Airport)
Las Vegas, NV (McCarran International Airport)
Los Angeles, CA (Los Angeles International Airport)
Memphis, TN (Memphis International Airport)
Miami, FL (Miami International Airport)
Minneapolis, MN (Minneapolis-St. Paul International Airport)
Newark, NJ (Newark International Airport)
New Orleans, LA (New Orleans International Airport-Moisant Field)
New York, NY (John F. Kennedy International Airport)
New York, NY (LaGuardia Airport)
Orlando, FL (Orlando International Airport)
Philadelphia, PA (Philadelphia International Airport)
Phoenix, AZ (Phoenix Sky Harbor International Airport)
Pittsburgh, PA (Greater Pittsburgh International Airport)
St. Louis, MO (Lambert-St. Louis International Airport)
Salt Lake City, UT (Salt Lake City International Airport)
San Diego, CA (San Diego International Airport)
San Francisco, CA (San Francisco International Airport)
Seattle, WA (Seattle-Tacoma International Airport)
Tampa, FL (Tampa International Airport)
Washington, DC (Washington National Airport)
Section 2. Airports at which the requirements of 91.215(b)(5)(ii)
apply.
The requirements of 91.215(b)(5)(ii) apply to operations in the
vicinity of each of the following airports:
Billings, MT (Logan International Airport)
Section 3. Locations at which Special VFR operations are prohibited.
The Special VFR weather minimums of 91.157 do not apply to the
following airports:
Atlanta, GA (The William B. Hartsfield Atlanta International Airport)
Baltimore, MD (Baltimore/Washington International Airport)
Boston, MA (General Edward Lawrence Logan International Airport)
Buffalo, NY (Greater Buffalo International Airport)
Chicago, IL (Chicago-O'Hare International Airport)
Cleveland, OH (Cleveland-Hopkins International Airport)
Columbus, OH (Port Columbus International Airport)
Covington, KY (Greater Cincinnati International Airport)
Dallas, TX (Dallas/Fort Worth Regional Airport)
Dallas, TX (Love Field)
Denver, CO (Stapleton International Airport)
Detroit, MI (Metropolitan Wayne County Airport)
Honolulu, HI (Honolulu International Airport)
Houston, TX (Houston Intercontinental Airport)
Indianapolis, IN (Indianapolis International Airport)
Los Angeles, CA (Los Angeles International Airport)
Louisville, KY (Standiford Field)
Memphis, TN (Memphis International Airport)
Miami, FL (Miami International Airport)
Minneapolis, MN (Minneapolis-St. Paul International Airport)
Newark, NJ (Newark International Airport)
New York, NY (John F. Kennedy International Airport)
New York, NY (LaGuardia Airport)
New Orleans, LA (New Orleans International Airport-Moisant Field)
Philadelphia, PA (Philadelphia International Airport)
Pittsburgh, PA (Greater Pittsburgh International Airport)
Portland, OR (Portland International Airport)
San Francisco, CA (San Francisco International Airport)
Seattle, WA (Seattle-Tacoma International Airport)
St. Louis, MO (Lambert-St. Louis International Airport)
Tampa, FL (Tampa International Airport)
Washington, DC (Washington National Airport)
Section 4. Locations at which solo student pilot activity is not
permitted.
Pursuant to 91.131(b)(2), solo student pilot operations are not
permitted at any of the following airports.
Atlanta, GA (The William B. Hartsfield Atlanta International Airport)
Boston, MA (General Edward Lawrence Logan International Airport)
Chicago, IL (Chicago-O'Hare International Airport)
Dallas, TX (Dallas/Fort Worth Regional Airport)
Los Angeles, CA (Los Angeles International Airport)
Miami, FL (Miami International Airport)
Newark, NJ (Newark International Airport)
New York, NY (John F. Kennedy International Airport)
New York, NY (LaGuardia Airport)
San Francisco, CA (San Francisco International Airport)
Washington, DC (Washington National Airport)
Andrews Air Force Base, MD
(Doc. No. 24458, Amdt. 91-227, 56 FR 65661, Dec. 17, 1991)
14 CFR 91.905 Pt. 91, App. E
(Doc. No. 18334, 54 FR 34327, Aug. 18, 1989)
14 CFR 91.905 Pt. 91, App. F
(Doc. No. 18334, 54 FR 34328, Aug. 18, 1989; Amdt. 91-211, 54 FR
41211, Oct. 5, 1989; 54 FR 53036, Dec. 26, 1989)
14 CFR 91.905 Pt. 93
14 CFR 91.905 PART 93 -- SPECIAL AIR TRAFFIC RULES AND AIRPORT TRAFFIC
PATTERNS
14 CFR 91.905 Subpart A -- General
Sec.
93.1 Applicability.
14 CFR 91.905 Subparts B-C -- (Reserved)
14 CFR 91.905 Subpart D -- Anchorage, Alaska, Terminal Area
93.51 Applicability.
93.53 Description of area.
93.55 Subdivision of area.
93.57 General rules: All segments.
93.59 General rules: International segment.
93.61 General rules: Lake Hood segment.
93.63 General rules: Merrill segment.
93.65 General rules: Elmendorf segment.
93.67 General rules: Bryant segment.
93.69 Special Requirements, Lake Campbell and Sixmile Lake Airports.
14 CFR 91.905 Subpart E -- (Reserved)
14 CFR 91.905 Subpart F -- Valparaiso, Florida, Terminal Area
93.81 Applicability and description of area.
93.83 Aircraft operations.
14 CFR 91.905 Subparts G-H -- (Reserved)
14 CFR 91.905 Subpart I -- Locations at Which Special VFR Weather
Minimums Do Not Apply
93.111 Applicability.
93.113 Control zones within which special VFR weather minimums are
not authorized.
14 CFR 91.905 Subpart J -- Lorain County Regional Airport Traffic Rule
93.117 Applicability.
93.119 Aircraft operations.
14 CFR 91.905 Subpart K -- High Density Traffic Airports
93.121 Applicability.
93.123 High density traffic airports.
93.125 Arrival or departure reservation.
93.129 Additional operations.
93.130 Suspension of allocations.
93.133 Exceptions.
14 CFR 91.905 Subpart L -- (Reserved)
14 CFR 91.905 Subpart M -- Ketchikan International Airport Traffic Rule
93.151 Applicability.
93.153 Communications.
93.155 Aircraft operations.
14 CFR 91.905 Subpart N -- Sabre U.S. Army Heliport (Tenn.) Airport
Traffic Area
93.161 Applicability.
93.163 Description of area.
14 CFR 91.905 Subpart O -- Jacksonville, Fla., Navy Airport Traffic
Area
93.171 Applicability.
93.173 Description of area.
93.175 Aircraft operations.
14 CFR 91.905 Subpart P -- Flushing (New York) Airport Traffic Rule
93.181 Applicability; designated airspace.
93.183 Pilot qualifications and aircraft equipment requirements.
93.185 Prohibited operations.
93.187 Communications and ATC authorization.
93.189 Aircraft operations.
93.191 ATC authorized deviations.
14 CFR 91.905 Subpart Q -- Abbotsford, BC, and Sault Ste. Marie, ON:
Special Airport Traffic Areas and Air Traffic Rules
93.195 Applicability; scope.
93.197 Special airport traffic areas.
93.199 Communications.
14 CFR 91.905 Subpart R -- MCAS El Toro, CA, Special Air Traffic Rules
93.200 Applicability.
93.202 MCAS El Toro, CA, special air traffic rules area.
93.204 Communications.
93.206 Ultr1alight operations.
93.208 Parachute jumping.
14 CFR 91.905 Subpart S -- Allocation of Commuter and Air Carrier IFR
Operations at High Density Traffic Airports
93.211 Applicability.
93.213 Definitions and General Provisions.
93.215 Initial Allocation of Slots.
93.217 Allocation of Slots for International Operations and
Applicable Limitations.
93.219 Allocation of Slots for Essential Air Service Operations and
Applicable Limitations.
93.221 Transfer of Slots.
93.223 Slot Withdrawal.
93.225 Lottery of Available Slots.
93.226 Allocation of slots in low-demand periods.
93.227 Slot Use and Loss.
93.229 Penalties.
14 CFR 91.905 Subpart T -- Washington National Airport Traffic Rules
93.251 Applicability.
93.253 Nonstop operations.
Appendix A to Part 93 -- Anchorage Airport Traffic Area: Traffic
Patterns
Appendix B to Part 93 -- Limits on the Number of Air Carrier Aircraft
that May Be Used in Commuter Slots at O'Hare International Airport
Authority: 49 U.S.C. app. 1302, 1303, 1348, 1354(a), 1421(a), 1424,
2451 et seq. 49 U.S.C. 106(g).
14 CFR 91.905 SFAR No. 60, Note
14 CFR 91.905 SFAR No. 60
Editorial Note: For the text of SFAR No. 60, see part 91 of this
chapter.
14 CFR 91.905 Subpart A -- General
14 CFR 93.1 Applicability.
(a) This part prescribes special airport traffic patterns and airport
traffic areas. It also prescribes special air traffic rules for
operating aircraft in those traffic patterns and traffic areas and in
the vicinity of airports described in this part.
(b) Unless otherwise authorized by ATC (with the exception of
93.113), each person operating an aircraft shall do so in accordance
with the special air traffic rules in this part in addition to other
applicable rules in part 91 of this chapter.
(Doc. No. 1580, 28 FR 6715, June 29, 1963, as amended by Amdt.
93-10, 33 FR 4096, Mar. 2, 1968; Amdt. 93-15, 34 FR 2603, Feb. 26,
1969; Amdt. 93-33, 41 FR 14879, Apr. 8, 1976; Amdt. 93-63, 56 FR
65662, Dec. 17, 1991)
Effective Date Note: By Amdt. 93-63, 56 FR 65662, Dec. 17, 1991,
93.1 was amended by revising paragraph (b), effective September 16,
1993. For the convenience of the user, the revised text follows.
93.1 Applicability.
(b) Unless otherwise authorized by ATC, each person operating an
aircraft shall do so in accordance with the special air traffic rules in
this part in addition to other applicable rules in part 91 of this
chapter.
14 CFR 93.1 Subparts B -- C (Reserved)
14 CFR 93.1 Subpart D -- Anchorage, Alaska, Terminal Area
Source: Docket No. 1580, 28 FR 6715, June 29, 1963, unless
otherwise noted.
14 CFR 93.51 Applicability.
This subpart prescribes the Anchorage, Alaska, Airport traffic area
and special traffic patterns for that airport and other airports in the
vicinity of Anchorage. It prescribes special air traffic rules for that
area and those patterns. In addition, it prescribes rules governing the
operation of aircraft in the vicinity of the airports described herein.
14 CFR 93.53 Description of area.
The Anchorage Airport traffic area is designated as that airspace
extending upward from the surface to, but not including, 3,000 feet MSL.
It is bounded by a line beginning at Point MacKenzie extending westerly
along the bank of Knik Arm to a point intersecting an arc of
five-statute-mile radius circle centered on the geographical center of
Anchorage International Airport; thence counterclockwise along that arc
to its intersection with the new Seward Highway; thence northerly along
the new Seward Highway to its intersection with Tudor Road; thence
easterly along Tudor Road to its intersection with Muldoon Road; thence
northerly along Muldoon Road to a point one-half statute mile south of
Glenn Highway; thence northeasterly along a line one-half statute mile
east of and parallel to Glenn Highway to its intersection with a line
one-half statute mile east of and parallel to Bryant Airport runway
16/34; thence northeastward along this line to its intersection with a
point which is lat. 61 17 15 N., long. 149 37 10 W.; thence west
to lat. 61 17 15 N., long. 149 42 25 W.; thence northwest to lat.
61 19 12 N., long. 149 46 36 W.; thence via an arc of a
five-statute-mile radius circle centered on the geographical center of
Elmendorf Air Force Base; thence counterclockwise along this arc to its
intersection with the west bank of Knik Arm; thence southerly along the
west bank of Knik Arm to the point of beginning. However, it does not
include the following:
(a) That airspace at and below 600 feet MSL, north of a line
beginning at the intersection of Farrell Road and the northeast boundary
of the airport traffic area extending westerly along Farrell Road to the
east end of Sixmile Lake; thence along a line bearing on the middle of
Lake Lorraine to the boundary of the airport traffic area.
(b) That airspace at and below 600 feet MSL, south of a line
beginning at the intersection of the new Seward Highway and Dimond
Boulevard extending westerly along Dimond Boulevard to Sand Lake Road
thence due west to the boundary of the airport traffic area.
(c) (Reserved)
(d) That airspace described as the ''Bryant segment'' in 93.55(e),
when the Bryant control tower is not in operation.
(Doc. No. 12425, Amdt. 93-29, 39 FR 32551, Sept. 9, 1974, as amended
by Amdt. 93-51, 51 FR 18312, May 19, 1986)
14 CFR 93.55 Subdivision of area.
The Anchorage Airport traffic area is subdivided as follows:
(a) International segment. That area lying within a line beginning
at the International Airport control tower extending northwesterly on a
direct line toward the substation to the airport traffic area boundary;
thence counterclockwise along the airport traffic area boundary to its
intersection with International Airport Road; thence westerly along
International Airport Road to the point of beginning.
(b) Merrill segment. That area lying within a line beginning at
Point MacKenzie extending directly to the mouth of Fish Creek; thence
along Fish Creek to Northern Lights Boulevard; thence direct to the
intersection of Tudor Road and the new Seward Highway; thence east and
north along the airport traffic area boundary to a point directly east
of the intersection of Glenn Highway and Boniface Parkway; thence due
west on a direct line through that intersection to Ship Creek; thence
along Ship Creek to its mouth; thence on a direct line toward the
center of Lake Lorraine to the airport traffic area boundary; thence
counterclockwise along the airport traffic area boundary to the point of
beginning.
(c) Lake Hood segment. That area lying between the International
segment and the Merrill segment.
(d) Elmendorf segment. That area lying within a line beginning at
the intersection of the airport traffic area boundary with Loop Road,
extending southerly along Loop Road to Davis Highway; thence due south
to the north boundary of the Merrill segment; thence westward along the
north boundary of the Merrill segment to the airport traffic area
boundary; thence clockwise along the airport traffic area boundary to
the point of beginning.
(e) Bryant segment. That area lying east of the Elmendorf segment.
(Doc. No. 1580, 28 FR 6715, June 29, 1963, as amended by Amdt.
93-29, 39 FR 32552, Sept. 9, 1974; Amdt. 93-51, 51 FR 18312, May 19,
1986)
14 CFR 93.57 General rules: All segments.
(a) Each person piloting an aircraft to, from or on an airport within
the airport traffic area shall operate it according to the rules set
forth in this section and 93.59, 93.61, 93.63, 93.65, or 93.67, as
applicable, unless otherwise authorized or required by ATC.
(b) Each person piloting an airplane shall conform to the flow of
traffic shown on the appropriate diagram in appendix A.
(c) Each person piloting a helicopter shall operate it in a manner
avoiding the flow of airplanes.
(d) Except as provided in 93.65 (d) and (e), each person piloting an
aircraft in the airport traffic area shall operate it only within the
designated segment containing the airport of landing or takeoff.
(e) Except as provided in 93.63(d), each person piloting an aircraft
shall maintain two-way radio communications with the control tower
serving the segment containing the airport of landing or takeoff.
(Doc. No. 1580, 28 FR 6715, June 29, 1963, as amended by Amdt. 93-8,
30 FR 8568, July 7, 1965; Amdt. 93-29, 39 FR 32552, Sept. 9, 1974)
14 CFR 93.59 General rules: International segment.
(a) No person may pilot an aircraft at an altitude between 1,200 feet
MSL and 2,000 feet MSL in that part of the segment lying north of the
midchannel of Knik Arm.
(b) Each person piloting an airplane at a speed of more than 105
knots within the segment (except that part described in paragraph (a) of
this section) shall operate it at an altitude of at least 1,600 feet MSL
until maneuvering for a safe landing requires further descent.
(c) Each person piloting an airplane at a speed of 105 knots or less
within the segment (except that part described in paragraph (a) of this
section) shall operate it at an altitude of at least 900 feet MSL until
maneuvering for a safe landing requires further descent.
14 CFR 93.61 General rules: Lake Hood segment.
(a) No person may pilot an aircraft at an altitude between 1,200 feet
MSL and 2,000 feet MSL in that part of the segment lying north of the
midchannel of Knik Arm.
(b) Each person piloting an airplane within the segment (except that
part described in paragraph (a) of this section) shall operate it at an
altitude of at least 600 feet MSL until maneuvering for a safe landing
requires further descent.
(Doc. No. 1580, 28 FR 6715, June 29, 1963, as amended by Amdt.
93-51, 51 FR 18312, May 19, 1986
14 CFR 93.63 General rules: Merrill segment.
(a) No person may pilot an aircraft at an altitude between 600 feet
MSL and 2,000 feet MSL in that part of the segment lying north of the
midchannel of Knik Arm.
(b) Each person piloting an airplane at a speed of more than 105
knots within the segment (except that part described in paragraph (a) of
this section) shall operate it at an altitude of at least 1,200 feet MSL
until maneuvering for a safe landing requires further descent.
(c) Each person piloting an airplane at a speed of 105 knots or less
within the segment (except that part described in paragraph (a) of this
section) shall operate it at an altitude of at least 900 feet MSL until
maneuvering for a safe landing requires further descent.
(d) Whenever the Merrill control tower is not operating, each person
piloting an aircraft within the segment shall maintain two-way radio
communication with the Anchorage Flight Service Station.
(Doc. No. 1580, Amdt. 1-1, 28 FR 6715, June 29, 1963, as amended by
Amdt. 93-6, 29 FR 15949, Dec. 1, 1964; Amdt. 93-29, 39 FR 32552, Sept.
9, 1974)
14 CFR 93.65 General rules: Elmendorf segment.
(a) Each person piloting a turbine-powered airplane within the
segment shall operate it at an altitude of at least 1,700 feet MSL until
maneuvering for a safe landing requires further descent.
(b) Each person piloting an airplane (other than turbine powered) at
a speed of more than 105 knots within the segment shall operate it at an
altitude of at least 1,200 feet MSL until maneuvering for a safe landing
requires further descent.
(c) Each person piloting an airplane (other than turbine powered) at
a speed of 105 knots or less within the segment shall operate it at an
altitude of at least 700 feet MSL until maneuvering for a safe landing
requires further descent.
(d) A person landing or taking off an aircraft from Elmendorf Airport
may operate it at an altitude between 1,500 feet MSL and 1,700 feet MSL
within those parts of the International and Lake Hood segments lying
north of the midchannel of Knik Arm.
(e) A person landing or taking off an aircraft from Elmendorf Airport
may operate it at an altitude between 900 feet MSL and 1,700 feet MSL
within that part of the Merrill segment lying north of the midchannel of
Knik Arm.
14 CFR 93.67 General rules: Bryant segment.
(a) Each person piloting an airplane within the segment shall operate
it at an altitude of at least 1,000 feet MSL until maneuvering for a
safe landing requires further descent.
(b) Whenever Bryant control tower is not operating, each person
piloting an aircraft to or from the Bryant Airport shall conform to the
flow of traffic shown on the appropriate diagram in appendix A of this
part, and, while in the traffic pattern, shall operate at an altitude of
at least 1,000 feet m.s.l. until maneuvering for a safe landing requires
further descent.
(Doc. No. 1580, 28 FR 6715, June 29, 1963, as amended by Amdt. 93-8,
30 FR 8568, July 7, 1965)
14 CFR 93.69 Special Requirements, Lake Campbell and Sixmile Lake
Airports.
Each person piloting an aircraft to or from Lake Campbell or Sixmile
Lake Airport shall conform to the flow of traffic for the Lake
operations that are shown on the appropriate diagram in appendix A.
(Doc. No. 1580, 28 FR 6715, June 29, 1963, as amended by Amdt. 93-8,
30 FR 8568, July 7, 1965)
14 CFR 93.69 Subpart E -- (Reserved)
14 CFR 93.69 Subpart F -- Valparaiso, Florida, Terminal Area
14 CFR 93.81 Applicability and description of area.
(a) This subpart prescribes the Valparaiso, Florida Terminal Area,
and the special air traffic rules for operating aircraft within that
Area.
(b) The Valparaiso, Florida Terminal Area is designated as follows:
(1) North-South Corridor. The North-South Corridor includes the
airspace extending upward from the surface to unlimited, bounded by a
line beginning at:
Lat. 30 42'50'' N., Long. 86 38'02'' W.; to Lat. 30 43'10'' N.,
Long. 86 27'37'' W.; to Lat. 30 37'00'' N., Long. 86 27'37'' W.; to
Lat. 30 37'00'' N., Long. 86 25'30'' W.; to Lat. 30 33'00'' N., Long.
86 25'30'' W.; to Lat. 30 33'00'' N., Long. 86 25'00'' W.; to Lat. 30
25'00'' N., Long. 86 25'00'' W.; to Lat. 30 25'00'' N., Long. 86
22'26'' W.; to Lat. 30 19'45'' N., Long. 86 23'45'' W.; thence 3 NM
from and parallel to the shoreline to Lat. 30 20'50'' N., Long. 86
38'50'' W.; to Lat. 30 29'01'' N., Long. 86 38'02'' W.; thence to point
of beginning; excluding that airspace below 8,500 feet MSL south of an
east/west line from Lat. 30 29'01'' N., Long. 86 38'02'' W.; to Lat.
30 32'00'' N., Long. 86 31'00'' W.; to Lat. 30 32'00'' N., Long. 86
25'00'' W.
(2) East-West Corridor. The East-West Corridor includes the airspace
extending upward from the surface to 8,500 feet MSL, bounded by a line
beginning at:
Lat. 30 23'00'' N., Long. 86 51'30'' W.; thence along the shoreline
to Lat. 30 23'45'' N., Long. 86 38'15'' W.; to Lat. 30 29'01'' N.,
Long. 86 38'02'' W.; to Lat. 30 32'00'' N., Long. 86 31'00'' W.; to
Lat. 30 32'00'' N., Long. 86 25'00'' W.; to Lat. 30 25'00'' N., Long.
86 25'00'' W.; to Lat. 30 25'00'' N., Long. 86 22'26'' W.; to Lat. 30
19'15'' N., Long. 85 56'00'' W.; to Lat. 30 11'00'' N., Long. 85
56'00'' W.; thence 3 NM from and parallel to the shoreline to Lat. 30
19'30'' N., Long. 86 51'30'' W.; thence to point of beginning.
(Doc. No. 14604, Amdt. 93-31, 40 FR 37031, Aug. 25, 1975)
14 CFR 93.83 Aircraft operations.
(a) North-South Corridor. Unless otherwise authorized by ATC
(including the Eglin Radar Control Facility), no person may operate an
aircraft in flight within the North-South Corridor designated in
93.81(b)(1) unless --
(1) Before operating within the corridor, that person obtains a
clearance from the Eglin Radar Control Facility or an appropriate FAA
ATC facility; and
(2) That person maintains two-way radio communication with the Eglin
Radar Control Facility or an appropriate FAA ATC facility while within
the corridor.
(b) East-West Corridor. Unless otherwise authorized by ATC
(including the Eglin Radar Control Facility), no person may operate an
aircraft in flight within the East-West Corridor designated in
93.81(b)(2) unless --
(1) Before operating within the corridor, that person establishes
two-way radio communications with Eglin Radar Control Facility or an
appropriate FAA ATC facility and receives an ATC advisory concerning
operations being conducted therein; and
(2) That person maintains two-way radio communications with the Eglin
Radar Control Facility or an appropriate FAA ATC facility while within
the corridor.
(Doc. No. 14604, Amdt. 93-31, 40 FR 37032, Aug. 25, 1975)
14 CFR 93.83 Subparts G -- H (Reserved)
Effective Date Note: By Amdt. 93-63, 56 FR 65662, Dec. 17, 1991,
subpart I( 93.111-93.113) was removed, effective September 16, 1993.
14 CFR 93.83 Subpart I -- Locations at Which Special VFR Weather Minimums Do Not Apply
14 CFR 93.111 Applicability.
This subpart specifies the control zones in which special VFR weather
minimums prescribed in 91.157 of this chapter do not apply, except for
in-flight emergencies.
(Doc. No. 8463, 33 FR 4097, Mar. 2, 1968, as amended by Amdt. 93-56,
54 FR 34331, Aug. 18, 1989)
14 CFR 93.113 Control zones within which special VFR weather minimums
are not authorized.
No person may operate a fixed-wing aircraft under the special VFR
weather minimums prescribed in 91.157 of this chapter within the
following control zones:
1. Altanta, GA (The William B. Hartsfield Atlanta International
Airport).
2. Baltimore, MD (Baltimore/Washington International Airport).
3. Boston, MA (General Edward Lawrence Logan International Airport).
4. Buffalo, NY (Greater Buffalo International Airport).
5. Chicago, IL (Chicago-O'Hare International Airport.)
6. Cleveland, OH (Cleveland-Hopkins International Airport).
7. Columbus, OH (Port Columbus International Airport).
8. Covington, KY (Greater Cincinnati International Airport).
9. Dallas, TX (Dallas-Forth Worth Regional Airport, and Love Field).
10. Denver, CO (Stapleton International Airport).
11. Detroit, MI (Metropolitan Wayne County Airport).
12. Honolulu, HI (Honolulu International Airport).
13. Houston, TX (Houston Intercontinental Airport).
14. Indianapolis, IN (Indianapolis International Airport).
15. (Reserved)1002
16. Los Angeles, CA (Los Angeles International Airport).
17. Louisville, KY (Standiford Field).
18. Memphis, TN (Memphis International Airport).
19. Miami, FL (Miami International Airport).
20. Minneapolis, MN (Minneapolis-St. Paul International Airport).
21. Newark, NJ (Newark International Airport).
22. New York, NY (John F. Kennedy International Airport).
23. New York, NY (LaGuardia Airport).
24. New Orleans, LA (New Orleans International Airport-Moisant
Field).
25. (Reserved)
26. Philadelphia, PA (Philadelphia International Airport).
27. Pittsburgh, PA (Greater Pittsburgh International Airport).
28. Portland, OR (Portland International Airport).
29. San Francisco, CA (San Francisco International Airport).
30. Seattle, WA (Seattle-Tacoma International Airport).
31. St. Louis, MO (Lambert-St. Louis International Airport).
32. Tampa, FL (Tampa International Airport).
33. Washington, DC (Washington National Airport).
(Doc. No. 8463, 33 FR 4097, Mar. 2, 1968, as amended by Amdt. 93-16,
34 FR 6476, Apr. 15, 1969; Amdt. 93-28, 38 FR 33972, Dec. 10, 1973;
Amdt. 93-30, 40 FR 26261, June 23, 1975; Amdt. 93-34, 41 FR 14880, Apr.
8, 1976; Amdt. 93-47, 50 FR 42671, Oct. 22, 1985; Amdt. 93-56, 54 FR
34331, Aug. 18, 1989)
0021No. 15, Kansas City, MO control zone was removed and reserved
effective January 3, 1974.
14 CFR 93.113 Subpart J -- Lorain County Regional Airport Traffic Rule
14 CFR 93.117 Applicability.
This subpart prescribes a special air traffic rule for the Lorain
County Regional Airport, Lorain County, OH.
(Doc. No. 8669, 33 FR 11749, Aug. 20, 1968)
14 CFR 93.119 Aircraft operations.
Each person piloting an airplane landing at the Lorain County
Regional Airport shall enter the traffic pattern north of the airport
and shall execute a right traffic pattern for a landing to the southwest
or a left traffic pattern for a landing to the northeast. Each person
taking off from the airport shall execute a departure turn to the north
as soon as practicable after takeoff.
(Doc. No. 8669, 33 FR 11749, Aug. 20, 1968)
14 CFR 93.119 Subpart K -- High Density Traffic Airports
14 CFR 93.121 Applicability.
This subpart designates high density traffic airports and prescribes
air traffic rules for operating aircraft, other than helicopters, to or
from those airports.
(Amdt. 93-21, 35 FR 16592, Oct. 24, 1970, as amended by Amdt. 93-27,
38 FR 29464, Oct. 25, 1973)
14 CFR 93.123 High density traffic airports.
(a) Each of the following airports is designated as a high density
traffic airport and, except as provided in 93.129 and paragraph (b) of
this section, or unless otherwise authorized by ATC, is limited to the
hourly number of allocated IFR operations (takeoffs and landings) that
may be reserved for the specified classes of users for that airport:
14 CFR 93.123 IFR Operations per Hour
(b) The following exceptions apply to the allocations of reservations
prescribed in paragraph (a) Of this section.
(1) The allocations of resevations among the several classes of users
do not apply from 12 midnight to 6 a.m. local time, but the totala
hourly limitation remains applicable.
(2) (Reserved)
(3) The allocation of 37 IFR reservations per hour for air carriers
except commuters at Washington National Airport does not include charter
flights, or other nonscheduled flights of scheduled or supplemental air
carriers. These flights may be conducted without regard to the
limitation of 37 IFR reservations per hour.
(4) The allocation of IFR reservations for air carriers except
commuters at LaGuardia, Newark, O'Hare, and Washington National Airports
does not include extra sections of scheduled flights. The allocation of
IFR reservations for scheduled commuters at Washington National Airport
does not include extra sections of scheduled flights. These flights may
be conducted without regard to the limitation upon the hourly IFR
reservations at those airports.
(5) Any reservation allocated to, but not taken by, air carrier
operations (except commuters) is available for a scheduled commuter
operation.
(6) Any reservation allocated to, but not taken by, air carrier
operations (except commuters) or scheduled commuter operations is
available for other operations.
(c) For purposes of this subpart --
(1) The number of operations allocated to ''air carriers except
commuters,'' as used in paragraph (a) of this section refers to the
number of operations conducted by air carriers with turboprop and
reciprocating engine aircraft having a certificated maximum passenger
seating capacity of 75 or more or with turbojet powered aircraft having
a certificated maximum passenger seating capacity of 56 or more, or, if
used for cargo service in air transportation, with any aircraft having a
maximum payload capacity of 18,000 pounds or more.
(2) The number of operations allocated to ''scheduled commuters,'' as
used in paragraph (a) of this section, refers to the number of
operations conducted by air carriers with turboprop and reciprocating
engine aircraft having a certificated maximum passenger seating capacity
of less than 75 or by turbojet aircraft having a certificated maximum
passenger seating capacity of less than 56, or, if used for cargo
service in air transportation, with any aircraft having a maximum
payload capacity of less than 18,000 pounds.
(3) Notwithstanding the provisions of paragraph (c)(2) of this
section, a limited number of operations allocated for ''scheduled
commuters'' under paragraph (a) of this section may be conducted with
aircraft described in 93.221(e) of this part pursuant to the
requirements of 93.221(e).
(Doc. No. 9113, 34 FR 2603, Feb. 26, 1969, as amended by Amdt.
93-37, 45 FR 62408, Sept. 18, 1980; Amdt. 93-44, 46 FR 58048, Nov. 27,
1981; Amdt. 93-46, 49 FR 8244, Mar. 6, 1984; Amdt. 93-57, 54 FR 34906,
Aug. 22, 1989; 54 FR 37303, Sept. 8, 1989; Amdt. 93-59, 54 FR 39843,
Sept. 28, 1989; Amdt. 93-62, 56 FR 41207, Aug. 19, 1991)
14 CFR 93.125 Arrival or departure reservation.
Except between 12 Midnight and 6 a.m. local time, no person may
operate an aircraft to or from an airport designated as a high density
traffic airport unless he has received, for that operation, an arrival
or departure reservation from ATC.
(Doc. No. 9974, Amdt. 93-25, 37 FR 22794, Oct. 25, 1972)
14 CFR 93.129 Additional operations.
(a) IFR. The operator of an aircraft may take off or land the
aircraft under IFR at a designated high density traffic airport without
regard to the maximum number of operations allocated for that airport if
the operation is not a scheduled operation to or from a high density
airport and he obtains a departure or arrival reservation, as
appropriate, from ATC. The reservation is granted by ATC whenever the
aircraft may be accommodated without significant additional delay to the
operations allocated for the airport for which the reservations is
requested.
(b) VFR. The operator of an aircraft may take off and land the
aircraft under VFR at a designated high density traffic airport without
regard to the maximum number of operations allocated for that airport if
the operation is not a scheduled operation to or from a high density
airport and he obtains a departure or arrival reservation, as
appropriate, from ATC. The reservation is granted by ATC whenever the
aircraft may be accommodated without significant additional delay to the
operations allocated for the airport for which the reservation is
requested and the ceiling reported at the airport is at least 1,000 feet
and the ground visibility reported at the airport is at least 3 miles.
(c) For the purpose of this section a ''scheduled operation to or
from the high density airport'' is any operation regularly conducted by
an air carrier or commuter between a high density airport and another
point regularly served by that operator unless the service is conducted
pursuant to irregular charter or hiring of aircraft or is a nonpassenger
flight.
(d) An aircraft operator must obtain an IFR reservation in accordance
with procedures established by the Administrator. For IFR flights to or
from a high density airport, reservations for takeoff and arrival shall
be obtained prior to takeoff.
(Doc. No. 9113, 34 FR 2603, Feb. 26, 1969, as amended by Amdt.
93-25, 37 FR 22794, Oct. 25, 1972; Amdt. 93-44, 46 FR 58049, Nov. 27,
1981; Amdt. 93-46, 49 FR 8244, Mar. 6, 1984)
14 CFR 93.130 Suspension of allocations.
The Administrator may suspend the effectiveness of any allocation
prescribed in 93.123 and the reservation requirements prescribed in
93.125 if he finds such action to be consistent with the efficient use
of the airspace. Such suspension may be terminated whenever the
Administrator determines that such action is necessary for the efficient
use of the airspace.
(Amdt. 93-21, 35 FR 16592, Oct. 24, 1970, as amended by Amdt. 93-21,
35 FR 16636, Oct. 27, 1970; Amdt. 93-27, 38 FR 29464, Oct. 25, 1973)
14 CFR 93.133 Exceptions.
Except as provided in 93.130, the provisions of 93.123 and 93.125
do not apply to --
(a) The Newark Airport, Newark, NJ;
(b) The Kennedy International Airport, New York, NY, except during
the hours from 3:00 p.m. through 7:59 p.m., local time; and
(c) O'Hare International Airport from 9:15 p.m. to 6:44 a.m., local
time.
(Doc. No. 24471, Amdt. 93-46, 49 FR 8244, Mar. 6, 1984)
14 CFR 93.133 Subpart L -- (Reserved)
14 CFR 93.133 Subpart M -- Ketchikan International Airport Traffic Rule
Source: Docket No. 14687, Amdt. 93-33, 41 FR 14879, Apr. 8, 1976,
unless otherwise noted.
14 CFR 93.151 Applicability.
This subpart prescribes special air traffic rules and communication
requirements for persons operating aircraft under VFR --
(a) To, from, or in the vicinity of the Ketchikan International
Airport or Ketchikan Harbor.
(b) Within the airspace below 3,000 feet MSL within the perimeter
defined for the Ketchikan Control Zone, regardless of whether that
control zone is in effect.
(Doc. No. 26653, 56 FR 48094, Sept. 23, 1991, as amended by Amdt.
93-63, 56 FR 65662, Dec. 17, 1991)
Effective Date Note: By Amdt. 93-63, 56 FR 65662, Dec. 17, 1991,
93.151 was amended by revising the introductory text, effective
September 16, 1993. For the convenience of the user, the revised text
follows.
93.151 Applicability.
This subpart prescribes special air traffic rules and communications
requirements for persons operating aircraft, under VFR, below 2,500 feet
MSL within the lateral boundaries of the surface area of the Class E
airspace area designated for Ketchikan International Airport, Alaska,
excluding that airspace below 600 feet MSL and --
14 CFR 93.153 Communications.
(a) When the Ketchikan Flight Service Station is in operation, no
person may operate an aircraft within the airspace specified in 93.151,
or taxi onto the runway at Ketchikan International Airport, unless that
person has established two-way radio communications with the Ketchikan
Flight Service Station for the purpose of receiving traffic advisories
and continues to monitor the advisory frequency at all times while
operating within the specified airspace.
(b) When the Ketchikan Flight Service Station is not in operation, no
person may operate an aircraft within the airspace specified in 93.151,
or taxi onto the runway at Ketchikan International Airport, unless that
person continuously monitors and communicates, as appropriate, on the
designated common traffic advisory frequency as follows:
(1) For inbound flights. Announces position and intentions when no
less than 10 miles from Ketchikan International Airport, and monitors
the designated frequency until clear of the movement area on the airport
or Ketchikan Harbor.
(2) For departing flights. Announces position and intentions prior
to taxiing onto the active runway on the airport or onto the movement
area of Ketchikan Harbor and monitors the designated frequency until
outside the airspace described in 93.151 and announces position and
intentions upon departing that airspace.
(c) Notwithstanding the provisions of paragraphs (a) and (b) of this
section, if two-way radio communications failure occurs in flight, a
person may operate an aircraft within the airspace specified in 93.151,
and land, if weather conditions are at or above basic VFR weather
minimums.
(Doc. No. 26653, 56 FR 48094, Sept. 23, 1991)
14 CFR 93.155 Aircraft operations.
(a) When an advisory is received from the Ketchikan Flight Service
Station stating that an aircraft is on final approach to the Ketchikan
International Airport, no person may taxi onto the runway of that
airport until the approaching aircraft has landed and has cleared the
runway.
(b) Unless otherwise authorized by ATC, each person operating a large
airplane or a turbine engine powered airplane shall --
(1) When approaching to land at the Ketchikan International Airport,
maintain an altitude of at least 900 feet MSL until within three miles
of the airport; and
(2) After takeoff from the Ketchikan International Airport, maintain
runway heading until reaching an altitude of 900 feet MSL.
Effective Date Note: By Amdt. 93-63, 56 FR 65662, Dec. 17, 1991,
subpart N( 93.161-93.163) was removed, effective September 16, 1993.
14 CFR 93.155 Subpart N -- Sabre U.S. Army Heliport (Tenn.) Airport Traffic Area
14 CFR 93.161 Applicability.
This subpart prescribes the Sabre U.S. Army Heliport airport traffic
area located in the vicinity of Clarksville, Tenn. It is effective
during the hours that the Sabre Control Tower is operating.
(Amdt. 93-36, 43 FR 7, Jan. 3, 1978)
14 CFR 93.163 Description of area.
The Sabre U.S. Army Heliport airport traffic area is designated as
that airspace extending from the surface up to but not including an
altitude of 2,000 feet above the surface of the heliport and within a
2-statute-mile radius of the heliport's geographical center.
(Amdt. 93-36, 43 FR 7, Jan. 3, 1978)
Effective Date Note: By Amdt. 93-63, 56 FR 65662, Dec. 17, 1991,
subpart O( 93.171-93.175) was removed, effective September 16, 1993.
For the convenience of the user, the revised text follows.
14 CFR 93.163 Subpart O -- Jacksonville, Florida, Navy Airport Traffic
Area
Source: Docket No. 15384, Amdt. No. 93-95, 42 FR 47824, Sept. 22,
1977, unless otherwise noted.
14 CFR 93.171 Applicability.
This subpart prescribes the Jacksonville, Fla., Navy airport traffic
area, and special air traffic rules applicable to the operation of
aircraft within that area.
14 CFR 93.173 Description of area.
The Jacksonville, Fla., Navy airport traffic area is designated as
that airspace extending upward from the surface to, but not including,
3,000 feet MSL, bounded by a line beginning at Lat. 30 25'22'' N.,
Long. 81 52'30'' W., thence clockwise along the arc of a 5 statute mile
radius circle centered on OLF Whitehouse (Lat. 30 21'01'' N., Long. 81
52'39'' W.) to Lat. 30 16'45'' N., Long. 81 51'39'' W.; to Lat. 30
15'30'' N., Long. 81 50'00'' W.; to Lat. 30 16'00'' N., Long. 81
45'00'' W.; thence clockwise along the arc of a 5 statute mile radius
circle centered on NAS Jacksonville (Lat. 30 14'00'' N., Long. 81
40'32'' W.) to Lat. 30 14'00'' N., Long. 81 35'20'' W.; to Lat. 30
06'45'' N., Long. 81 35'20'' W.; thence clockwise along the connecting
arcs of 10 statute mile radius circles centered on NAS Jacksonville, and
NAS Cecil (Lat. 30 13'15'' N., Long. 81 52'50'' W.) to Lat. 30 09'45''
N., Long. 82 02'00'' W.; to Lat. 30 25'30'' N., Long. 82 02'00'' W.;
thence to the point of beginning.
14 CFR 93.175 Aircraft operations.
No person may operate an aircraft, in flight, within the airport
traffic area described in 93.173 unless --
(a) Before entering that area, that person establishes two-way radio
communications with, and receives authorization from the FAA
Jacksonville Terminal Radar Approach Control (TRACON) facility; and
(b) While operating in flight within that area, that person maintains
two-way radio communications with the FAA Jacksonville TRACON facility,
or with the military airport traffic control tower designated by the
TRACON.
14 CFR 93.175 Subpart P -- Flushing (New York) Airport Traffic Rule
Source: Docket No. 21215, Amdt. 93-40, 45 FR 85606, Dec. 29,
1980, unless otherwise noted.
14 CFR 93.181 Applicability; designated airspace.
This subpart prescribes special air traffic rules for persons
operating under VFR to or from Flushing Airport and in that airspace
from the surface up to, but not including, the floor of the New York
TCA, within an area beginning at the north stanchion of the Throgs Neck
Bridge; thence westerly to the Kennedy VORTAC 341 T radial 10-mile DME
fix; thence southerly to the Kennedy VORTAC 340 T radial 9-mile DME
fix; thence direct to the southern edge of Leavitts Park; thence
direct to the south edge of Bowne Park; thence easterly to the
intersection of the Clearview Expressway and the LaGuardia VOR 101 T
radial; thence northerly along the Clearview Expressway to the point of
origin.
14 CFR 93.183 Pilot qualifications and aircraft equipment requirements.
Except as authorized under 93.191, no person may operate an aircraft
within the airspace designated under 93.181 unless --
(a) The pilot holds at least a private pilot certificate; and
(b) The aircraft is equipped with --
(1) An operating two-way radio capable of communicating with ATC on
the appropriate frequency;
(2) An operating VOR receiver; and
(3) The transponder equipment specified in 91.215.
(Doc. No. 21215, Amdt. 93-40, 45 FR 85606, Dec. 29, 1980, as amended
by Amdt. 93-56, 54 FR 34331, Aug. 18, 1989)
14 CFR 93.185 Prohibited operations.
Except as provided under 93.191, no person may --
(a) Conduct any flight training;
(b) Conduct touch and go landings, low approaches, or closed traffic
pattern operations at Flushing Airport; or
(c) When Runway 31 approaches or Runway 13 departures are being
conducted at LaGuardia Airport, land on Runway 36 or depart Runway 18 at
Flushing Airport.
14 CFR 93.187 Communications and ATC authorization.
No person may operate an aircraft within the airspace designated in
93.181 unless --
(a) Two-way radio communication is established and maintained on the
appropriate LaGuardia Tower frequency;
(b) For departures -- Before taking off, ATC authorization has been
received from LaGuardia Clearance Delivery by two-way radio
communications, or from LaGuardia Tower by other means; and
(c) For arrivals -- Before entering the designated area, ATC
authorization has been received from LaGuardia Tower on the appropriate
frequency.
14 CFR 93.189 Aircraft operations.
Unless otherwise authorized by ATC, aircraft operators shall adhere
to the following traffic flow --
(a) For arrivals: (1) For Runway 18 -- From over Fort Totten fly
direct toward the Western Electric Building; cross Clearview Expressway
below 1,200 feet mean sea level (MSL); turn downwind abeam the
Whitestone Bridge at or below 800 feet MSL; turn left base leg south of
the south tower of the bridge; and proceed over the Powell's Cove
shoreline so as to avoid TCA airspace.
(2) For Runway 36 -- From over Fort Totten, fly direct toward the
Western Electric Building; cross Clearview Expressway below 1,200 feet
MSL; turn downwind abeam the Whitestone Bridge at or below 800 feet
MSL; and execute right base leg turn to final approach, so as to avoid
TCA airspace by not overshooting the Runway 36 extended centerline.
(b) For Departures: (1) For Runway 18 -- Execute a 90 degree left
turn so as to avoid TCA airspace; proceed direct to Little Neck Bay
south of Fort Totten; and cross Clearview Expressway below 1,200 feet
MSL.
(2) For Runway 36 -- Execute a 90 degree right turn over the Powell's
Cove shoreline; proceed direct to Little Neck Bay north of Fort Totten;
and cross Clearview Expressway below 1,200 feet MSL, avoiding TCA
airspace.
14 CFR 93.191 ATC authorized deviations.
Notwithstanding the deviation authority under 93.1(b), of this part,
deviations from this subpart may not be authorized except from
93.183(b) and 93.185(c), for individual flights when traffic conditions
permit.
insert illus 300
Effective Date Note: At 56 FR 65662, Dec. 17, 1991, subpart Q(
93.195-93.199) was removed, effective September 16, 1993.
14 CFR 93.191 Subpart Q -- Abbotsford, BC, and Sault Ste. Marie, ON: Special Airport Traffic Areas and Air Traffic Rules
14 CFR 93.195 Applicability.
(a) Scope. This subpart describes special airport traffic areas and
air traffic rules for persons operating in the airspace designated under
this subpart for Abbotsford, British Columbia, and Sault Ste. Marie,
Ontario, Canada.
(b) Effective periods. The respective airspace designations and
rules of this subpart are effective only during the periods that the
control towers at the affected airports are operational.
(Doc. No. 24600, Amdt. 93-50, 51 FR 18310, May 19, 1986)
14 CFR 93.197 Special airport traffic areas.
Special airport traffic areas under this subpart are designated as
follows:
(a) For Abbotsford, BC, -- that airspace in the United States at or
below 3,000 feet MSL within the area bounded by a line beginning 48
58'00'' N; 122 21'43'' W, thence east to and counterclockwise along the
arc of a circle of 4 nautical miles radius centered on the Abbotsford
airport at 49 01'32'' N; 122 21'43'' W, thence to 49 02'00'' N; 122
27'40'' W, to 49 02'00'' N; 122 33'45'' W, to 48 58'00'' N; 122
33'45'' W; and thence to the point of beginning.
(b) For Sault Ste. Marie, ON -- that airspace in the United States
at or below 3,000 feet MSL within the following areas:
(1) Within a 5-statute-mile radius of the Sault Ste. Marie, Ontario
Airport (lat. 46 29' N; long. 84 31' W, estimated):
(2) Within 1.75 statute miles north of the 108 T bearing from the
geographical center of the airport extending from the 5-statute-mile
radius zone to 5.5 statute miles southeast;
(3) Within 1.75 statute miles each side of the 118 T bearing from the
geographical center of the airport extending from the 5-statute-mile
radius zone to 11 statute miles southeast; and
(4) Within 1.75 statute miles each side of the 293 T bearing from the
geographical center to the airport extending from the 5-statute-mile
radius zone to 5.5 statute miles northeast.
(Doc. No. 19497, Amdt. 93-45, 46 FR 60421, Dec. 10, 1981; 46 FR
63222, Dec. 31, 1981; 48 FR 7726, Feb. 24, 1983; Amdt. 93-50, 51 FR
18310, May 19, 1986)
14 CFR 93.199 Communications.
For operations within the special airport traffic areas under this
subpart the following apply:
(a) General. Unless otherwise authorized or required by ATC, each
person operating an aircraft within a special airport traffic area
designated under this subpart shall comply with the applicable
provisions of this section.
(b) ATC clearance. No person may operate an aircraft within a
special airport traffic area designated under this subpart without prior
authorization from the appropriate Canadian airport traffic control
tower.
(c) Two-way radio communication. No person may operate an aircraft
within a special airport traffic area designated under this subpart
unless two-way radio communications are maintained between that aircraft
and the appropriate control tower. However, if the radio fails in
flight on an aircraft operating under VFR, within the designated area
(with weather conditions at or above VFR weather minimums), and the
operator maintains visual contact with the tower, the operator may
continue to operate that aircraft and land as soon as possible. If the
radio fails in flight on an aircraft operating either under IFR within
the designated area, or under VFR within the designated area and visual
contact with the tower cannot be maintained, the operator shall comply
with the requirements of 91.185 of this chapter.
(Doc. No. 19497, Amdt. 93-45, 46 FR 60421, Dec. 10, 1981; 46 FR
63222, Dec. 31, 1981, as amended by Amdt. 93-56, 54 FR 34331, Aug. 18,
1989)
Effective Date Note: At 56 FR 65662, Dec. 17, 1991, subpart R(
93.200-93.208) was removed, effective September 16, 1993.
14 CFR 93.199 Subpart R -- MCAS El Toro, CA, Special Air Traffic Rules
Source: Docket No. 24117, 50 FR 50267, Dec. 9, 1985, unless
otherwise noted.
14 CFR 93.200 Applicability.
This subpart prescribes special air traffic rules for persons
conducting aircraft operations in the area designated in this subpart.
14 CFR 93.202 MCAS El Toro, CA, special air traffic rules area.
(a) The MCAS El Toro, CA, special air traffic rules area is
designated as that airspace between the 164 and the 189 true bearings
of the MCAS El Toro, CA, Airport (lat. 33 40 18" N., long. 117 43 30"
W.), beginning at the 5-nautical-mile arc of the airport and extending
southward to the 15-nautical-mile arc, from the surface to 2,500 feet
MSL between the 5-and-10-nautical-mile arcs, and from 2,500 feet MSL to
and including 4,400 feet MSL between the 10-and-15-nautical-mile arcs.
(b) The effective period of the MCAS El Toro, CA, special air traffic
rules area of from 0600 to 2400 local time.
14 CFR 93.204 Communications.
Unless otherwise authorized or required by ATC, no person may operate
an aircraft in the MCAS El Toro, CA, special air traffic rules area
unless two-way radio communication is established with the FAA Coast
Terminal Radar Approach Control Facility prior to entering that area and
is thereafter maintained with the facility while within that area.
14 CFR 93.206 Ultralight operations.
No person may operate an ultralight vehicle within the MCAS El Toro,
CA, special air traffic rules area unless that person has prior
authorization from the FAA Coast Terminal Radar Approach Control
Facility.
14 CFR 93.208 Parachute jumping.
No person may make a parachute jump and no pilot in command may allow
a parachute jump to be made from the aircraft in or into the MCAS El
Toro, CA, special air traffic rules area unless that person has prior
authorization from the FAA Coast Terminal Radar Approach Control
Facility.
14 CFR 93.208 Subpart S -- Allocation of Commuter and Air Carrier IFR
Operations at High Density Traffic Airports
Source: Docket No. 24105, Amdt. 93-49, 50 FR 52195, Dec. 20,
1985, unless otherwise noted.
14 CFR 93.211 Applicability.
(a) This subpart prescribes rules applicable to the allocation and
withdrawal of IFR operational authority (takeoffs and landings) to
individual air carriers and commuter operators at the High Density
Traffic Airports identified in subpart K of this part except for Newark
Airport.
(b) This subpart also prescribes rules concerning the transfer of
allocated IFR operational authority and the use of that authority once
allocated.
14 CFR 93.213 Definitions and general provisions.
(a) For purposes of this subpart --
(1) New entrant carrier means a commuter operator or air carrier
which does not hold a slot at a particular airport and has never sold or
given up a slot at that airport after December 16, 1985.
(2) Slot means the operational authority to conduct one IFR landing
or takeoff operation each day during a specific hour or 30 minute period
at one of the High Density Traffic Airports, as specified in subpart K
of this part.
(3) Summer season means the period of time from the first Sunday in
April until the last Sunday in October.
(4) Winter season means the period of time from the last Sunday in
October until the first Sunday in April.
(b) The definitions specified in subpart K of this part also apply to
this subpart.
(c) For purposes of this subpart, if an air carrier, commuter
operator, or other person has more than a 50-percent ownership or
control of one or more other air carriers, commuter operators, or other
persons, they shall be considered to be a single air carrier, commuter
operator, or person. In addition, if a single company has more than a
50-percent ownership or control of two or more air carriers and/or
commuter operators or any combination thereof, those air carriers and/or
commuter operators shall be considered to be a single operator. A
single operator may be considered to be both an air carrier and commuter
operator for purposes of this subpart.
(Doc. No. 24105, Amdt. 93-49, 50 FR 52195, Dec. 20, 1985, as amended
by Amdt. 93-52, 51 FR 21717, June 13, 1986; Amdt. 93-57, 54 FR 34906,
Aug. 22, 1989; 54 FR 37303, Sept. 8, 1989)
14 CFR 93.215 Initial allocation of slots.
(a) Each air carrier and commuter operator holding a permanent slot
on December 16, 1985, as evidenced by the records of the air carrier and
commuter operator scheduling committees, shall be allocated those slots
subject to withdrawal under the provisions of this subpart. The Chief
Counsel of the FAA shall be the final decisionmaker for initial
allocation determinations.
(b) Any permanent slot whose use on December 16, 1985 is divided
among different operators, by day of the week, or otherwise, as
evidenced by records of the scheduling committees, shall be allocated in
conformity with those records. The Chief Counsel of the FAA shall be
the final decisionmaker for these determinations.
(c) A carrier may permanently designate a slot it holds at Kennedy
International Airport as a seasonal slot, to be held by the carrier only
during the corresponding season in future years, if it notifies the FAA
(at the address specified in 93.225(e)), in writing, the preceding
winter seasons or by October 15 of the preceding year for summer
seasons.
(d) Within 30 days after December 16, 1985, each U.S. air carrier and
commuter operator must notify the office specified in 93.221(a)(1), in
writing, of those slots used for operations described in 93.217(a)(1)
on December 16, 1985.
(e) Any slot not held by an operator on December 16, 1985 shall be
allocated in accordance with the provisions of 93.217, 93.219 or
93.225 of this subpart.
(Doc. No. 24105, Amdt. 93-49, 50 FR 52195, Dec. 20, 1985, as amended
by Amdt. 93-52, 51 FR 21717, June 13, 1986)
14 CFR 93.217 Allocation of slots for international operations and
applicable limitations.
(a) Any air carrier or commuter operator having the authority to
conduct international operations shall be provided slots for those
operations subject to the following conditions and the other provisions
of this section:
(1) The slot may be used only for a flight segment in which either
the takeoff or landing is at a foreign point or, for foreign operators,
the flight segment is a continuation of a flight that begins or ends at
a foreign point. Slots may be obtained and used under this section only
for operations at Kennedy and O'Hare airports unless otherwise required
by bilateral agreement and only for scheduled service unless the
requesting carrier qualifies for the slot on the basis of historic
seasonal operations, under 93.217(a)(5).
(2) Slots used for an operation described in paragraph (a)(1) of this
section may not be bought, sold, leased, or otherwise transferred,
except that such a slot may be traded to another slot-holder on a
one-for-one basis for a slot at the same airport in a different hour or
half-hour period if the trade is for the purpose of conducting such an
operation in a different hour or half-hour period.
(3) Slots used for operations described in paragraph (a)(1) of this
section must be returned to the FAA if the slot will not be used for
such operations for more than a 2-week period.
(4) Each air carrier or commuter operator having a slot that is used
for operations described in paragraph (a)(1) of this section but is not
used every day of the week shall notify the office specified in
93.221(a)(1) in writing of those days on which the slots will not be
used.
(5) Except as provided in paragraph (a)(10) of this section, at
Kennedy and O'Hare Airports, a slot shall be allocated, upon request,
for seasonal international operations, including charter operations, if
the Chief Counsel of the FAA determines that the slot had been
permanently allocated to and used by the requesting carrier in the same
hour and for the same time period during the corresponding season of the
preceding year. Requests for such slots must be submitted to the office
specified in 93.221(a)(1) by May 15 for operations to be conducted
during the following winter season and by October 15 for the following
summer season. For operations during the 1986 summer season, requests
under this paragraph must have been submitted to the FAA on or before
February 1, 1986. Each carrier requesting a slot under this paragraph
must submit its entire international schedule at the relevant airport
for the particular season, noting which requests are in addition to or
changes from the previous year.
(6) Except as provided in paragraph (a)(10) of this section,
additional slots shall be allocated at O'Hare Airport for international
scheduled air carrier and commuter operations (beyond those slots
allocated under 93.215 and 93.217(a)(5)) if a request is submitted to
the office specified in 93.221(a)(1) by May 15 for operations to
commence during the following winter season and by October 15 for
operations to commence during the following summer season. These slots
will be allocated at the time requested unless a slot is available
within one hour of the requested time, in which case the unallocated
slot will be used to satisfy the request.
(7) If required by bilateral agreement, additional slots shall be
allocated at LaGuardia Airport for international scheduled passenger
operations within the hour requested.
(8) To the extent vacant slots are available, additional slots during
the high-density hours shall be allocated at Kennedy Airport for new
international scheduled air carrier and commuter operations (beyond
those operations for which slots have been allocated under 93.215 and
93.217(a)(5)), if a request is submitted to the office specified in
93.221(a)(1) by May 15 for operations to commence during the following
winter season and by October 15 for operations to commence during the
following summer season. In addition, slots may be withdrawn from
domestic operations for operations at Kennedy Airport under this
paragraph if required by international obligations.
(9) In determining the hour in which a slot request under
93.217(a)(6) and 93.217(a)(8) will be granted, the following will be
taken into consideration, among other things:
(i) The availability of vacant slot times;
(ii) International obligations;
(iii) Airport terminal capacity, including facilities and personnel
of the U.S. Customs Service and the U.S. Immigration and Naturalization
Service;
(iv) The extent and regularity of intended use of a slot; and
(v) Schedule constraints of carriers requesting slots.
(10) At O'Hare Airport, a slot will not be allocated under this
section to a carrier holding or operating 100 or more permanent slots on
the previous May 15 for a winter season or October 15 for a summer
season unless
(i) Allocation of the slot does not result in a total allocation to
that carrier under this section that exceeds the number of slots
allocated to and scheduled by that carrier under this section on
February 23, 1990, and does not exceed by more than 2 the number of
slots allocated to and scheduled by that carrier during any half hour of
that day, or
(ii) Notwithstanding the number of slots allocated under paragraph
(a)(10)(i) of this section, a slot is available for allocation without
withdrawal of a permanent slot from any carrier.
(b) If a slot allocated under 93.215 was scheduled for an operation
described in paragraph (a)(1) of this section on December 16, 1985, its
use shall be subject to the requirements of paragraphs (a)(1) through
(a)(4) of this section. The requirements also apply to slots used for
international operations at LaGuardia Airport.
(c) If a slot is offered to a carrier in other than the hour
requested, the carrier shall have 14 days after the date of the offer to
accept the newly offered slot. Acceptance must be in writing and sent
to the office specified in 93.221(a)(1) and must repeat the certified
statements required by paragraph (e) of this section.
(d) The Office of the Secretary of Transportation reserves the right
not to apply the provisions of this section, concerning the allocation
of slots, to any foreign air carrier or commuter operator of a country
that provides slots to U.S. air carriers and commuter operators on a
basis more restrictive than provided by this subpart. Decisions not to
apply the provisions of this section will be made by the Office of the
Secretary of Transportation.
(e) Each request for slots under this section shall state the
airport, days of the week and time of the day of the desired slots and
the period of time the slots are to be used. Each request shall
identify whether the slot is requested under paragraph (a)(5), (6), or
(8) and identify any changes from the previous year if requested under
both paragraphs. The request must be accompanied by a certified
statement signed by an officer of the operator indicating that the
operator has or has contracted for aircraft capable of being utilized in
using the slots requested and that the operator has bona fide plans to
use the requested slots for operations described in paragraph (a).
(Doc. No. 24105, Amdt. 93-52, 51 FR 21717, June 13, 1986, as amended
by Amdt. 93-61, 55 FR 53243, Dec. 27, 1990; 56 FR 1059, Jan. 10, 1991)
14 CFR 93.219 Allocation of slots for essential air service operations
and applicable limitations.
Whenever the Office of the Secretary of Transportation determines
that slots are needed for operations to or from a High Density Traffic
Airport under the Department of Transportation's Essential Air Service
(EAS) Program, those slots shall be provided to the designated air
carrier or commuter operator subject to the following limitations:
(a) Slots obtained under this section may not be bought, sold, leased
or otherwise transferred, except that such slots may be traded for other
slots on a one-for-one basis at the same airport.
(b) Any slot obtained under this section must be returned to the FAA
if it will not be used for EAS purposes for more than a 2-week period.
A slot returned under this paragraph may be reallocated to the operator
which returned it upon request to the FAA office specified in
93.221(a)(1) if that slot has not been reallocated to an operator to
provide substitute essential air service.
(c) Slots shall be allocated for EAS purposes in a time period within
90 minutes of the time period requested.
(d) The Department will not honor requests for slots for EAS purposes
to a point if the requesting carrier has previously traded away or sold
slots it had used or obtained for use in providing essential air service
to that point.
(e) Slots obtained under Civil Aeronautics Board Order No. 84-11-40
shall be considered to have been obtained under this section.
14 CFR 93.221 Transfer of slots.
(a) Except as otherwise provided in this subpart, effective April 1,
1986, slots may be bought, sold or leased for any consideration and any
time period and they may be traded in any combination for slots at the
same airport or any other high density traffic airport. Transfers,
including leases, shall comply with the following conditions:
(1) Requests for confirmation must be submitted in writing to Slot
Transfers, Office of the Chief Counsel, Rules Docket, 800 Independence
Avenue, SW., AGC-10, Washington, DC 20591, in a format to be prescribed
by the Administrator. Requests will provide the names of the transferor
and recipient; business address and telephone number of the persons
representing the transferor and recipient; whether the slot is to be
used for an arrival or departure; the date the slot was acquired by the
transferor; the section of this subpart under which the slot was
allocated to the transferor; whether the slot has been used by the
transferor for international or essential air service operations; and
whether the slot will be used by the recipient for international or
essential air service operations. After withdrawal priorities have been
established under 93.223 of this part, the requests must include the
slot designations of the transferred slots as described in
93.223(b)(5).
(2) The slot transferred must come from the transferor's then-current
FAA-approved base.
(3) Written evidence of each transferor's consent to the transfer
must be provided to the FAA.
(4) The recipient of a transferred slot may not use the slot until
written confirmation has been received from the FAA.
(5) Slots obtained in a lottery held under 93.225 of this part may
not be sold or traded, except on a for one or more than one slot basis
at the same airport, unless they are first used by the operator
obtaining them for a 2-month period at least 65 percent of the time. If
a slot obtained in a lottery is traded before the above use requirement
is met, any slot acquired in the first or subsequent trades may not be
sold or traded except on a one-for-one basis at the same airport until
such slot is used for a 2-month period at least 65 percent of the time
by the operator which obtained the slot in the lottery. Requests for
confirmation of transfers of slots obtained in a lottery must be
accompanied by documentation of use.
(6) The Office of the Secretary of Transportation must determine that
the transfer will not be injurious to the essential air service program.
(b) A record of each slot transfer shall be kept on file by the
office specified in paragraph (a)(1) of this section and will be made
available to the public upon request.
(c) Any person may buy or sell slots and any air carrier or commuter
may use them. Notwithstanding 93.123, air carrier slots may be used
with aircraft of the kind described in 93.123 (c)(1) or (c)(2) but
commuter slots may only be used with aircraft of the kind described in
93.0123(c)(2).
(d) Air carriers and commuter operators considered to be a single
operator under the provisions of 93.213(c) of this subpart but
operating under separate names shall report transfers of slots between
them.
(e) Notwithstanding 93.123(c)(2) of this part, a commuter slot at
O'Hare International Airport may be used with an aircraft described in
93.123(c)(1) of this part on the following conditions:
(1) Air carrier aircraft that may be operated under this paragraph
are limited to aircraft with a maximum certificated passenger seating
capacity of 56 to 110 seats.
(2) No more than 25 percent of the total number of commuter slots
held by a slot holder at O'Hare International Airport may be used with
an aircraft described in paragraph (e)(1) of this section.
(3) The total number of operations by aircraft described in paragraph
(e)(1) of this section that may be conducted in commuter slots in any
half hour (beginning at 0645) or in any two consecutive half hours may
not exceed the number indicated in appendix B to this part. The slot
times at which such operations may be conducted by each holder of
commuter slots at O'Hare Airport will be determined by a lottery
conducted in accordance with the general procedures described in 93.225
of this part to the extent they apply.
(4) An air carrier or commuter operator planning to operate an
aircraft described in paragraph (e)(1) of this section in a commuter
slot shall notify ATC at least 60 days in advance of the planned start
date of such operation. The notice shall include the slot number,
proposed time of operation, aircraft type, and planned start date. ATC
will approve or disapprove the proposed operation no later than 45 days
prior to the planned start date. If an operator does not initiate
operation of a commuter slot under this section within 30 days of the
planned start date first submitted to the FAA, the ATC approval for that
operation will expire. That operator may file a new or revised notice
for the same half-hour slot time.
(5) ATC will not approve a number of operations by aircraft described
in paragraph (e)(1) of this section in commuter slots in any half hour
(beginning at 0645) or in any two consecutive half hours greater than
the number indicated in appendix B to this part. ATC may approve fewer
than the number of such operations listed in appendix B to this part for
any half hour or two consecutive half hours upon a determination that a
greater number would have an adverse effect on airport delays.
(6) An operation may not be conducted under paragraph (e)(1) of this
section unless a gate is available for that operation without planned
waiting time.
(7) For the purposes of this paragraph (e), notice to ATC shall be
submitted in writing to: Director, Air Traffic System Management,
ATM-1, Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 20591.
(8) The effectiveness of this paragraph (e) shall expire September
20, 1993 unless otherwise extended by the Administrator before the date
of the termination. Notice of the Administrator's decision will be
published in the Federal Register.
(Doc. No. 24105, Amdt. 93-49, 50 FR 52195, Dec. 20, 1985, as amended
by Amdt. 93-52, 51 FR 21717, June 13, 1986; Amdt. 93-58, 54 FR 39293,
Sept. 25, 1989; Amdt. 93-62, 56 FR 41207, Aug. 19, 1991)
14 CFR 93.223 Slot withdrawal.
(a) Slots do not represent a property right but represent an
operating privilege subject to absolute FAA control. Slots may be
withdrawn at any time to fulfill the Department's operational needs,
such as providing slots for international or essential air service
operations or eliminating slots. Before withdrawing any slots under
this section to provide them for international operations, essential air
services or other operational needs, those slots returned under 93.224
of this part and those recalled by the agency under 93.227 will be
allocated.
(b) By December 16, 1985 or within 30 days after receipt of the
scheduling committee records specified in 93.215(a) of this part,
whichever occurs later, the FAA shall conduct recall lotteries for each
High Density Traffic Airport to establish a priority for the recall of
slots at each airport. The lotteries shall be conducted as follows:
(1) A separate lottery shall be conducted for air carrier slots and
for commuter operator slots at each airport.
(2) Each slot shall be assigned a designation consisting of the
applicable airport code, a code indicating whether the slot is an air
carrier or commuter operator slot, the airline code, and the time period
of the slot (e.g., DCA/Air Car/PL/0900). The designation shall also
indicate if the slot is used by different operators on different days of
the week, is used for international operations, or was allocated for EAS
purposes.
(3) Separate pools shall be established for air carriers and
commuters at each airport. The slot designations shall be placed in
drawing pools.
(4) Blind drawings shall be made from each of the pools, one at a
time, and, as withdrawn, each slot designation will be assigned a
withdrawal priority in numerical order (i.e., the slot first drawn in
the lottery will be the first slot to be withdrawn if withdrawal should
become necessary and if the drawn slot is in a time period in which a
slot is required).
(5) The withdrawal priority number shall be added to the slot
designation (e.g., DCA/Air Car/DL/0900/1) and a complete list of the
withdrawal priority numbers will be made available to the public.
(c) Whenever slots must be withdrawn, they will be withdrawn in
accordance with the priority list established under paragraph (b) of
this section, except:
(1) Slots obtained in a lottery held pursuant to 93.225 of this part
shall be subject to withdrawal pursuant to paragraph (i) of that
section, and
(2) Slots necessary for international and essential air service
operations shall be exempt from withdrawal for use for other
international or essential air service operations.
(3) Except as provided in 93.227(a), the FAA shall not withdraw any
slot held and operated by an air carrier or commuter operator at an
airport if that air carrier or commuter operator holds eight or fewer
slots at that airport (excluding slots used for operations described in
93.217(a)(1)).
(d) The following withdrawal priority rule shall be used to permit
application of the one-for-one trade provisions for international and
essential air service slots and the slot withdrawal provisions where the
slots are needed for other than international or essential air service
operations. If an operator has more than one slot in a specific time
period in which it also has a slot being used for international or
essential air service operations, the international and essential air
service slots will be considered to be those with the lowest withdrawal
priority.
(e) The operator(s) using each slot to be withdrawn shall be notified
by the FAA of the withdrawal and shall cease operations using that slot
on the date indicated in the notice. Generally, the FAA will provide at
least 30 days after notification for the operator to cease operations
unless exigencies require a shorter time period.
(f) Notwithstanding other provisions in this section, the FAA shall
not withdraw slots from any carrier or commuter operator holding eight
or fewer slots at that airport (excluding slots used for operations
described in 93.217(a)(1)).
(Doc. No. 24105, Amdt. 93-49, 50 FR 52195, Dec. 20, 1985, as amended
by Amdt. 93-52, 51 FR 21718, June 13, 1986; Amdt. 93-57, 54 FR 34906,
Aug. 22, 1989)
14 CFR 93.224 Return of slots.
(a) Whenever a slot is required to be returned under this subpart,
the holder must notify the office specified in 93.221(a)(1) in writing
of the date after which the slot will not be used.
(b) Slots may be voluntarily returned for use by other operators by
notifying the office specified in 93.221(a)(1) in writing.
14 CFR 93.225 Lottery of available slots.
(a) Whenever the FAA determines that sufficient slots have become
available for distribution for purposes other than international or
essential air service operations, but generally not more than twice a
year, they shall be allocated in accordance with the provisions of this
section.
(b) A random lottery shall be held to determine the order of slot
selection.
(c) Slot allocation lotteries shall be held on an airport-by-airport
basis with separate lotteries for commuter operator and air carrier
slots.
(d) The FAA shall publish a notice in the Federal Register announcing
any lottery dates. The notice may include special procedures to be in
effect for the lotteries.
(e) Each U.S. air carrier or commuter operator, as appropriate,
operating at the airport shall be included in the lottery. Any U.S.
carrier which (i) is not operating at the airport and (ii) has not
failed to operate slots obtained in the previous lottery, but wishing to
initiate service at the airport, shall be included in the lottery if
that operator notifies, in writing, the Office of the Chief Counsel,
Docket Section, AGC-10, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591. The notification must be
in duplicate and must be received 15 days prior to the lottery date.
The notification must also include a statement as to whether there is
any common ownership or control of, by, or with any other carrier as
defined in 93.213(c).
(f) At the lottery, each operator must make its selection within 5
minutes after being called or it shall lose its turn. If capacity still
remains after each operator has had an opportunity to select slots, the
allocation sequence will be repeated in the same order. An operator may
select any two slots available at the airport during each sequence,
except that new entrant carriers may select four slots, if available, in
the first sequence.
(g) In order to select slots during a slot lottery session, the
operator must have appropriate economic authority under title IV of the
Federal Aviation Act of 1958, as amended, and must have made substantial
progress in obtaining FAA operating authority under parts 121 or 135 of
this chapter. For purposes of this subpart, substantial progress in
obtaining FAA operating authority under parts 121 or 135 of this chapter
shall be evidenced by the submission of at least three of the following
documents, as required by those parts, to the FAA:
(1) The compliance statements.
(2) The aircraft operating manuals.
(3) The company operating manuals.
(4) The operator's training program.
(5) The operator's maintenance programs.
(6) A schedule of certification events, such as planned dates of:
(i) Proving runs;
(ii) Aircraft deliveries;
(iii) Training completion;
(iv) Emergency evacuation demonstration; and
(v) First revenue trip.
(h) During the first selection sequence, 25 percent of the slots
available but no less than two slots shall be reserved for selection by
new entrant carriers. If new entrant carriers do not select all of the
slots set aside for new entrant carriers in a lottery, incumbent
carriers may select the remaining slots.
(i) Slots obtained under this section shall retain their withdrawal
priority as established under 93.223. If the slot is newly created, a
withdrawal priority shall be assigned. That priority number shall be
higher than any other slot assigned a withdrawal number previously.
(Doc. No. 24105, Amdt. 93-49, 50 FR 52195, Dec. 20, 1985, as amended
by Amdt. 93-52, 51 FR 21718, June 13, 1986; Amdt. 93-58, 54 FR 39293,
Sept. 25, 1989)
14 CFR 93.226 Allocation of slots in low-demand periods.
(a) If there are available slots in the following time periods and
there are no pending requests for international or EAS operations at
these times, FAA will allocate slots upon request on a first-come,
first-served basis, as set forth in this section:
(1) Any period for which a slot is available less than 5 days per
week.
(2) Any time period for which a slot is available for less than a
full season.
(3) For LaGuardia and Washington National Airports:
(i) 6:00 a.m.-6:59 a.m.
(ii) 10:00 p.m.-midnight.
(b) Slots will be allocated only to operators with the economic and
operating authority and aircraft required to use the slots.
(c) Requests for allocations under this section shall be submitted in
writing to the address listed in 93.221(a)(1) and shall identify the
request as made under this section.
(d) The FAA may deny requests made under this section after a
determination that all remaining slots in a particular category should
be distributed by lottery.
(e) Slots may be allocated on a seasonal or temporary basis under
this provision.
(Doc. No. 24105, Amdt. 93-52, 51 FR 21718, June 13, 1986)
14 CFR 93.227 Slot use and loss.
(a) Except as provided in paragraphs (b), (c), (d), and (g) of this
section, any slot not utilized 65 percent of the time over a 2-month
period shall be recalled by the FAA.
(b) Paragraph (a) of this section does not apply to slots obtained
under 93.225 of this part during -- (1) the first 180 days after they
are allocated if the operator obtaining them did not have a part 121 of
135 certificate at the time of allocation; (2) the first 90 days for
other new entrant carriers; or (3) the first 60 days after they are
allocated for all other operators.
(c) Paragraph (a) of this section does not apply to slots of an
operator forced by a strike to cease operations using those slots.
(d) Paragraph (a) of this section does not apply to slots of an
operator that files for protection under this Federal bankruptcy laws
during the first 60 days after filing.
(e) Persons having slots withdrawn pursuant to paragraph (a) of this
section must cease all use of those slots upon receipt of notice from
the FAA.
(f) Persons holding slots but not using them pursuant to the
provisions of paragraphs (b), (c) and (d) may lease those slots for use
by others. A slot obtained in a lottery may not be leased after the
expiration of the applicable time period specified in paragraph (b) of
this section unless it has been operated for a 2-month period at least
65 percent of the time by the operator which obtained it in the lottery.
(g) This section does not apply to slots used for the operations
described in 93.217(a)(1) of this part.
(h) Within 30 days after an operator files for protection under the
Federal bankruptcy laws, the FAA shall recall any slots of that
operator, if -- (1) the slots were formerly used for essential air
service and (2) the Office of the Secretary of Transportation determines
those slots are required to provide substitute essential air service to
or from the same points.
(i) Every air carrier and commuter operator or other person holding a
slot at a high density airport shall, within 14 days after the last day
of the 2-month period beginning January 1, 1986, and every 2 months
thereafter, forward, in writing, to the address identified in
93.221(a)(1), a list of all slots held by the air carrier, commuter
operator or other person along with a listing of which air carrier or
commuter operator actually operated the slot for each day of the 2-month
period. The report shall identify the flight number for which the slot
was used and the equipment used, and shall identify the flight as an
arrival or departure. The report shall identify any common ownership or
control of, by, or with any other carrier as defined in 93.213(c) of
this subpart. The report shall be signed by a senior official of the
air carrier or commuter operator. If the slot is held by an ''other
person,'' the report must be signed by an official representative.
(j) The Chief Counsel of the FAA may waive the requirements of
paragraph (a) of this section in the event of a highly unusual and
unpredictable condition which is beyond the control of the slot-holder
and which exists for a period of 9 or more days. Examples of conditions
which could justify waiver under this paragraph are weather conditions
which result in the restricted operation of an airport for an extended
period of time or the grounding of an aircraft type.
(k) The Chief Counsel of the FAA may, upon request, grant a waiver
from the requirements of paragraph (a) of this section for a slot used
for the domestic segment of an intercontinental all-cargo flight. To
qualify for a waiver, a carrier must operate the slot a substantial
percentage of the time and must return the slot to the FAA in advance
for the time periods it will not be used.
(Doc. No. 24105, Amdt. 93-49, 50 FR 52195, Dec. 20, 1985, as amended
by Amdt. 93-52, 51 FR 21718, June 13, 1986)
14 CFR 93.229 Penalties.
(a) Any air carrier or commuter operator using a slot it is not
entitled to use under the provisions of this subpart shall be subject to
a $1,000 maximum civil penalty in accordance with section 901 of the
Federal Aviation Act, as amended, for each unlawful takeoff or landing
operation it conducts. For purposes of this subpart, FAA records
concerning the identity of the persons holding slots shall be
controlling in any enforcement proceeding.
(b) Any person failing to return a slot to the FAA as required by
this subpart shall be subject to a $1,000 maximum civil penalty in
accordance with section 901 of the Federal Aviation Act, as amended, for
each day the person is in violation.
14 CFR 93.229 Subpart T -- Washington National Airport Traffic Rules
Source: Docket No. 25143, Amdt. 93-54, 51 FR 43587, Dec. 3, 1986,
unless otherwise noted.
14 CFR 93.251 Applicability.
This subpart prescribes rules applicable to the operation of aircraft
to or from Washington National Airport.
14 CFR 93.253 Nonstop operations.
No person may operate an aircraft nonstop in air transportation
between Washington National Airport and another airport that is more
than 1,250 miles away from Washington National Airport.
14 CFR 93.253 Pt. 93, App. A
Insert Illus. 201
Insert Illus. 202
Insert Illus. 203
(Doc. No. 1580, Amdt. 1-1, 28 FR 6717, June 29, 1963, as amended by
Amdt. 93-29, 39 FR 32552, Sept. 9, 1974)
Pt. 93, App. B
14 CFR 93.253 Appendix B to Part 93 -- Limits on the Number of Air
Carrier Aircraft that May Be Used in Commuter Slots at O'Hare
International Airport
The number of operations by aircraft described in 93.221(e)(1) of
this section in commuter slots at O'Hare International Airport may not
exceed the following number indicated for each half-hour slot period and
each two consecutive half hours:
(Doc. No. 26339, 56 FR 41208, Aug. 19, 1991)
14 CFR 93.253 PART 95 -- IFR ALTITUDES
14 CFR 93.253 Subpart A -- General
Sec.
95.1 Applicability.
95.3 Symbols.
14 CFR 93.253 Subpart B -- Designated Mountainous Areas
95.11 General.
95.13 Eastern United States Mountainous Area.
95.15 Western United States Mountainous Area.
95.17 Alaska Mountainous Area.
95.19 Hawaii Mountainous Area.
95.21 Puerto Rico Mountainous Area.
14 CFR 93.253 Subpart C -- En Route IFR Altitudes Over Particular
Routes and Intersections
95.31 General.
14 CFR 93.253 Subpart D -- Changeover Points
95.8001 General.
Authority: 49 U.S.C. 1348, 1354 and 1510; 49 U.S.C. 106(g)
(revised, Pub. L. 97-449, January 12, 1983); and 14 CFR 11.49(b)(2).
14 CFR 93.253 Subpart A -- General
14 CFR 95.1 Applicability.
(a) This part prescribes altitudes governing the operation of
aircraft under IFR on Federal airways, jet routes, area navigation low
or high routes, or other direct routes for which a MEA is designated in
this part. In addition, it designates mountainous areas and changeover
points.
(b) The MAA is the highest altitude on a Federal airway, jet route,
area navigation low or high route, or other direct route for which a MEA
is designated in this part at which adequate reception of navigation aid
signals is assured.
(c) The MCA applies to the operation of an aircraft proceeding to a
higher minimum en route altitude when crossing specified radio fixes.
(d) The MEA prescribed for a Federal airway or segment thereof, area
navigation low or high route, or other direct route, applies to the
entire width of the airway, segment or route between the radio fixes
defining the airway, segment or route. An MEA prescribed for an
off-airway route or route segment applies to the airspace five statute
miles on each side of a direct course between radio fixes defining that
route or route segment.
(e) The MOCA applies to the operation of an aircraft within 25
statute miles of the VOR station concerned. The MOCA assures
obstruction clearance between the fixes specified but adequate reception
of navigational signals is assured only within 25 miles of the VOR
station concerned.
(f) The MRA applies to the operation of an aircraft over an
intersection used in the navigation of that aircraft. The MRA is the
lowest altitude at which the intersection can be determined.
(g) The COP applies to operation of an aircraft along a Federal
airway, jet route, area navigation low or high route, or other direct
route for which a MEA is designated in this part. It is the most
appropriate point for transfer of the airborne navigation reference
between the facility or way point abaft the aircraft and the next
appropriate facility or way point along the Federal airway, jet route,
area navigation low or high route, or other direct route that provides:
(1) Continuous reception between facilities; and
(2) A common source of azimuth guidance for all aircraft operating
along the same segment of the Federal airway, jet route, area navigation
low or high route, or other direct route.
(Doc. No. 1580, Amdt. 1-1, 28 FR 6718, June 29, 1963, as amended by
Amdt. 95-118, 29 FR 13166, Sept. 23, 1964; Amdt. 95-198, 35 FR 14610,
Sept. 18, 1970)
14 CFR 95.3 Symbols.
For the purposes of this part --
(a) COP means changeover point.
(b) L means compass locator;
(c) LF/MF means low frequency, medium frequency;
(d) LFR means low frequency radio range;
(e) VOR-E means VOR and distance measuring equipment; and
(f) Z means a very high frequency location marker.
(Doc. No. 1580, Amdt. 1-1, 28 FR 6718, June 29, 1963, as amended by
Amdt. 95-118, 29 FR 13166, Sept. 23, 1964)
14 CFR 95.3 Subpart B -- Designated Mountainous Areas
14 CFR 95.11 General.
The areas described in this subpart are designated mountainous areas.
(Doc. No. 1580, Amdt. 1-1, 28 FR 6718, June 29, 1963)
14 CFR 95.13 Eastern United States Mountainous Area.
All of the following area excluding those portions specified in the
exceptions.
(a) Area.
Insert illustration 4-A
Beginning at latitude 47 10' N., longitude 67 55' W.; thence west and
south along the Canadian Border to latitude 45 00' N., longitude 74 15'
W.; thence to latitude 44 20' N., longitude 75 30' W.; thence to
latitude 43 05' N., longitude 75 30' W.; thence to latitude 42 57' N.,
longitude 77 30' W.; thence to latitude 42 52' N., longitude 78 42' W.;
thence to latitude 42 26' N., longitude 79 13' W.; thence to latitude 42
05' N., longitude 80 00' W.; thence to latitude 40 50' N., longitude 80
00' W.; thence to latitude 40 26' N., longitude 79 54' W.; thence to
latitude 38 25' N., longitude 81 46' W.; thence to latitude 36 00' N.,
longitude 86 00' W.; thence to latitude 33 37' N., longitude 86 45' W.;
thence to latitude 32 30' N., longitude 86 25' W.; thence to latitude 33
22' N., longitude 85 00' W.; thence to latitude 36 35' N., longitude 79
20' W.; thence to latitude 40 11' N., longitude 76 24' W.; thence to
latitude 41 24' N., longitude 74 30' W.; thence to latitude 41 43' N.,
longitude 72 40' W.; thence to latitude 42 13' N., longitude 72 44' W.;
thence to latitude 42 13' N., longitude 72 44' W.; thence to latitude 43
12' N., longitude 71 30' W.; thence to latitude 43 45' N., longitude 70
30' W.; thence to latitude 45 00' N., longitude 69 30' W.; thence to
latitude 47 10' N., longitude 67 55' W., point of beginning.
(b) Exceptions. The area bounded by the following coordinates:
Beginning at latitude 45 00' N., longitude 73 26' W.; thence to
latitude 44 32' N., longitude 73 04' W.; thence to latitude 42 51' N.,
longitude 73 41' W.; thence to latitude 41 38' N., longitude 73 46' W.;
thence to latitude 41 16' N., longitude 73 50' W.; thence to latitude 41
17' N., longitude 74 00' W.; thence to latitude 41 25' N., longitude 73
58' W.; thence to latitude 41 26' N., longitude 74 01' W.; thence to
latitude 41 37' N., longitude 73 58' W.; thence to latitude 42 41' N.,
longitude 73 55' W.; thence to latitude 43 02' N., longitude 76 15' W.;
thence to latitude 43 17' N., longitude 75 21' W.; thence to latitude 42
59' N., longitude 74 43' W.; thence to latitude 42 52' N., longitude 73
53' W.; thence to latitude 44 30' N., longitude 73 18' W.; thence to
latitude 45 00' N., longitude 73 39' W.; thence to latitude 45 00' N.,
longitude 73 26' W., point of beginning.
(21 FR 2750, Apr. 28, 1956. Redesignated by Doc. No. 1580, Amdt.
1-1, 28 FR 6718, June 29, 1963)
14 CFR 95.15 Western United States Mountainous Area.
All of the following area excluding that portion specified in the
exceptions:
(a) Area. From the Pacific coastline of the United States, eastward
along the Canadian and Mexican borders, to the following coordinates:
Beginning at latitude 49 00' N., longitude 108 00' W.; thence to
latitude 46 45' N., longitude 104 00' W.; thence to latitude 44 06' N.,
longitude 103 15' W.; thence to latitude 43 00' N., longitude 103 15'
W.; thence to latitude 41 52' N., longitude 103 39' W.; thence to
latitude 35 11' N., longitude 103 39' W.; thence to latitude 33 17' N.,
longitude 104 27' W.; thence to latitude 32 17' N., longitude 104 14'
W.; thence to latitude 29 48' N., longitude 102 00' W.
(b) Exceptions. (1) Beginning at latitude 35 25' N., longitude 119
09' W.; thence to latitude 35 29' N., longitude 118 58' W.; thence to
latitude 36 49' N., longitude 119 37' W.; thence to latitude 38 30' N.,
longitude 121 24' W.; thence to latitude 39 30' N., longitude 121 32'
W.; thence to latitude 40 08' N., longitude 122 08' W.; thence to
latitude 40 06' N., longitude 122 20' W.; thence to latitude 39 05' N.,
longitude 122 12' W.; thence to latitude 38 01' N., longitude 121 51'
W.; thence to latitude 37 37' N., longitude 121 12' W.; thence to
latitude 37 00' N., longitude 120 58' W.; thence to latitude 36 14' N.,
longitude 120 11' W., point of beginning.
(2) Beginning at latitude 49 00' N., longitude 122 21' W.; thence to
latitude 48 34' N., longitude 122 21' W.; thence to latitude 48 08' N.,
longitude 122 00' W.; thence to latitude 47 12' N., longitude 122 00'
W.; thence to latitude 46 59' N., longitude 122 13' W.; thence to
latitude 46 52' N., longitude 122 16' W.; thence to latitude 46 50' N.,
longitude 122 40' W.; thence to latitude 46 35' N., longitude 122 48'
W.; thence to latitude 46 35' N., longitude 123 17' W.; thence to
latitude 47 15' N., longitude 123 17' W.; thence to latitude 47 41' N.,
longitude 122 54' W.; thence to latitude 48 03' N., longitude 122 48'
W.; thence to latitude 48 17' N., longitude 123 15' W.; thence North and
East along the United States and Canada Boundary to latitude 49 00' N.,
longitude 122 21' W., point of beginning.
(21 FR 2750, Apr. 28, 1956. Redesignated by Doc. No. 1580, Amdt.
1-1, 28 FR 6718, June 29, 1963, amended by Amdt. 95-255, 40 FR 2579,
Jan. 14, 1975)
14 CFR 95.17 Alaska Mountainous Area.
All of the following area excluding those portions specified in the
exceptions:
(a) Area. The Territory of Alaska.
(b) Exceptions.
(1) Beginning at latitude 64 54' N., longitude 147 20' W.; thence to
latitude 64 50' N., longitude 151 22' W.; thence to latitude 64 26' N.,
longitude 151 22' W.; thence to latitude 64 25' N., longitude 147 20'
W.; thence to latitude 64 54' N., longitude 147 20' W., point of
beginning.
Insert illustration 5-A
14 CFR 95.17
(2) Beginning at latitude 61 50' N., longitude 151 12' W.; thence to
latitude 61 24' N., longitude 150 28' W.; thence to latitude 59 40' N.,
longitude 152 23' W.; thence to latitude 59 33' N., longitude 151 28'
W.; thence to latitude 60 31' N., longitude 150 43' W.; thence to
latitude 61 13' N., longitude 149 39' W.; thence to latitude 61 37' N.,
longitude 149 15' W.; thence to latitude 61 44' N., longitude 149 48'
W.; thence to latitude 62 23' N., longitude 149 54' W.; thence to
latitude 62 23' N., longitude 150 14' W.; thence to latitude 61 50' N.,
longitude 151 12' W., point of beginning.
(3) Beginning at latitude 58 56' N., longitude 156 58' W.; thence to
latitude 58 47' N., longitude 156 27' W.; thence to latitude 56 43' N.,
longitude 158 39' W.; thence to latitude 56 50' N., longitude 159 00'
W.; thence along the shore line to latitude 58 56' N., longitude 156 58'
W., point of beginning.
(4) Beginning at latitude 61 47' N., longitude 159 40' W.; thence to
latitude 61 34' N., longitude 159 15' W.; thence to latitude 60 32' N.,
longitude 161 42' W.; thence to latitude 60 45' N., longitude 162 06'
W.; thence to latitude 61 47' N., longitude 159 40' W., point of
beginning.
(5) Beginning at a point where latitude 39 30' intersects the
northwest coast of Alaska and eastward along the 69 30' parallel to the
150 Meridian; thence northward along the 150 Meridian to 69 50' north
latitude; thence eastward along the 69 50' parallel to a point where 69
50' intersects the northeast coastline of Alaska; thence westward along
the northern coastline of Alaska to the intersection of latitude 69 30',
point of beginning.
(21 FR 2750, Apr. 28, 1956, as amended by Amdt. 88, 27 FR 4356, May
8, 1962. Redesignated by Doc. No. 1580, Amdt. 1-1, 28 FR 6718, June 29,
1963)
14 CFR 95.19 Hawaii Mountainous Area.
The following islands of the State of Hawaii: Kauai, Oahu, Molokai,
Lanai, Kehoolawe, Maui, and Hawaii.
Insert Illus. 6-A
(Amdt. 88, 27 FR 4536, May 8, 1962. Redesignated by Doc. No. 1580,
Amdt. 1-1, 28 FR 6719, June 29, 1963)
14 CFR 95.21 Puerto Rico Mountainous Area.
The area bounded by the following coordinates:
Beginning at latitude 18 22' N., longitude 66 58' W., thence to
latitude 18 19' N., longitude 66 06' W.; thence to latitude 18 20' N.,
longitude 65 50' W.; thence to latitude 18 20' N., longitude 65 42' W.;
thence to latitude 18 03' N., longitude 65 52' W.; thence to latitude 18
02' N., longitude 65 51' W.; thence to latitude 17 59' N., longitude 65
55' W.; thence to latitude 18 05' N., longitude 66 57' W.; thence to
latitude 18 11' N., longitude 67 07' W.; thence to latitude 18 22' N.,
longitude 66 58' W.; the point of beginning.
Insert Illus. 7-A
(Amdt. 88, 27 FR 4536, May 8, 1962; 27 FR 5603, June 13, 1962.
Redesignated by Doc. No. 1580, Amdt. 1-1, 28 FR 6719, June 29, 1963)
14 CFR 95.21 Subpart C -- En Route IFR Altitudes Over Particular Routes
and Intersections
Editorial Note: The prescribed IFR altitudes for flights over
particular routes and intersections in this subpart were formerly
carried as 610.11 through 610.6887 of this title and were transferred
to part 95 as 95.41 through 95.6887, respectively, but are not carried
in the Code of Federal Regulations. For Federal Register citations
affecting these routes, see the List of CFR Sections Affected in the
Finding Aids section of this volume.
14 CFR 95.31 General.
This subpart prescribes IFR altitudes for flights along particular
routes or route segments and over additional intersections not listed as
a part of a route or route segment.
(Doc. No. 1580, Amdt. 1-1, 28 FR 6719, June 29, 1963)
14 CFR 95.31 Subpart D -- Changeover Points
Editorial Note: The prescribed COP's for Federal airways, jet
routes, or other direct routes for which an MEA is designated in this
part are not carried in the Code of Federal Regulations. For Federal
Register citations affecting these routes see the List of CFR Sections
Affected in the Finding Aids section of this volume.
14 CFR 95.8001 General.
This subpart prescribes COP's for Federal airways, jet routes, area
navigation routes, or other direct routes for which an MEA is designated
in this part. Unless otherwise specified the COP is midway between the
navigation facilities or way points for straight route segments, or at
the intersection of radials or courses forming a dogleg in the case of
dogleg route segments.
(Amdt. 95-198, 35 FR 14610, Sept. 19, 1970)
14 CFR 95.8001 PART 97 -- STANDARD INSTRUMENT APPROACH PROCEDURES
14 CFR 95.8001 Subpart A -- General
Sec.
97.1 Applicability.
97.3 Symbols and terms used in procedures.
97.5 Bearings; courses; headings; radials; miles.
14 CFR 95.8001 Subpart B -- Procedures
97.10 General.
14 CFR 95.8001 Subpart C -- TERPS Procedures
97.20 General.
Authority: 49 U.S.C. 1348, 1354(a), 1421, and 1510; 49 U.S.C.
106(g) (Revised, Pub. L. 97-449, January 12, 1983; and 14 CFR
11.49(b)(2)).
Source: Docket No. 1580, Amdt. 1-1, 28 FR 6719, June 29, 1963,
unless otherwise noted.
14 CFR 95.8001 Subpart A -- General
14 CFR 97.1 Applicability.
This part prescribes standard instrument approach procedures for
instrument letdown to airports in the United States and the weather
minimums that apply to takeoffs and landings under IFR at those
airports.
14 CFR 97.3 Symbols and terms used in procedures.
As used in the standard terminal instrument procedures prescribed in
this part --
(a) A means alternate airport weather minimum.
(b) Aircraft approach category means a grouping of aircraft based on
a speed of 1.3 Vso (at maximum certificated landing weight). Vso and
the maximum certificated landing weight are those values as established
for the aircraft by the certificating authority of the country of
registry. The categories are as follows:
(1) Category A: Speed less than 91 knots.
(2) Category B: Speed 91 knots or more but less than 121 knots.
(3) Category C: Speed 121 knots or more but less than 141 knots.
(4) Category D: Speed 141 knots or more but less than 166 knots.
(5) Category E: Speed 166 knots or more.
(c) Approach procedure segments for which altitudes (all altitudes
prescribed are minimum altitudes unless otherwise specified) or courses,
or both, are prescribed in procedures, are as follows:
(1) Initial approach is the segment between the intial approach fix
and the intermediate fix or the point where the aircraft is established
on the intermediate course or final approach course.
(2) Initial approach altitude means the altitude (or altitudes, in
High Altitude Procedures) prescribed for the initial approach segment of
an instrument approach.
(3) Intermediate approach is the segment between the intermediate fix
or point and the final approach fix.
(4) Final approach is the segment between the final approach fix or
point and the runway, airport, or missed-approach point.
(5) Missed approach is the segment between the missed-approach point,
or point of arrival at decision height, and the missed-approach fix at
the prescribed altitude.
(d) C means circling landing minimum, a statement of ceiling and
visibility values, or minimum descent altitude and visibility, required
for the circle-to-land maneuver.
(d-1) Copter procedures means helicopter procedures, with applicable
minimums as prescribed in 97.35 of this part. Helicopters may also use
other procedures prescribed in Subpart C of this part and may use the
Category A minimum descent altitude (MDA) or decision height (DH). The
required visibility minimum may be reduced to one-half the published
visibility minimum for Category A aircraft, but in no case may it be
reduced to less than one-quarter mile or 1,200 feet RVR.
(e) Ceiling minimum means the minimum ceiling, expressed in feet
above the surface of the airport, required for takeoff or required for
designating an airport as an alternate airport.
(f) D means day.
(g) FAF means final approach fix.
(h) HAA means height above airport.
(h-1) HAL means height above a designated helicopter landing area
used for helicopter instrument approach procedures.
(i) HAT means height above touchdown.
(j) MAP means missed approach point.
(k) More than 65 knots means an aircraft that has a stalling speed of
more than 65 knots (as established in an approved flight manual) at
maximum certificated landing weight with full flaps, landing gear
extended, and power off.
(l) MSA means minimum safe altitude, an emergency altitude expressed
in feet above mean sea level, which provides 1,000 feet clearance over
all obstructions in that sector within 25 miles of the facility on which
the procedure is based (LOM in ILS procedures).
(m) N means night.
(n) NA means not authorized.
(o) NOPT means no procedure turn required (altitude prescribed
applies only if procedure turn is not executed).
(o-1) Point in space approach means a helicopter instrument approach
procedure to a missed approach point that is more than 2,600 feet from
an associated helicopter landing area.
(p) Procedure turn means the maneuver prescribed when it is necessary
to reverse direction to establish the aircraft on an intermediate or
final approach course. The outbound course, direction of turn, distance
within which the turn must be completed, and minimum altitude are
specified in the procedure. However, the point at which the turn may be
commenced, and the type and rate of turn, is left to the discretion of
the pilot.
(q) RA means radio altimeter setting height.
(r) RVV means runway visibility value.
(s) S means straight-in landing minimum, a statement of ceiling and
visibility, minimum descent altitude and visibility, or decision height
and visibility, required for a straight-in landing on a specified
runway. The number appearing with the S indicates the runway to which
the minimum applies. If a straight-in minimum is not prescribed in the
procedure, the circling minimum specified applies to a straight-in
landing.
(t) Shuttle means a shuttle, or race-track-type, pattern with
2-minute legs prescribed in lieu of a procedure turn.
(u) 65 knots or less means an aircraft that has a stalling speed of
65 knots or less (as established in an approved flight manual) at
maximum certificated landing weight with full flaps, landing gear
extended, and power off.
(v) T means takeoff minimum.
(w) TDZ means touchdown zone.
(x) Visibility minimum means the minimum visibility specified for
approach, or landing, or takeoff, expressed in statute miles, or in feet
where RVR is reported.
(Secs. 307(c), 313(a), 601, Federal Aviation Act of 1958, as amended
(49 U.S.C. 1348(c), 1354(a), 1421); sec. 6(c), Department of
Transportation Act (49 U.S.C. 1655(c)))
(Amdt. 97-561, 32 FR 13911, Oct. 6, 1967, as amended by Amdt.
97-803, 37 FR 6287, Mar. 28, 1972; Amdt. 97-1133, 44 FR 15659, Mar.
15, 1979)
14 CFR 97.5 Bearings; courses; headings; radials; miles.
(a) All bearings, courses, headings, and radials in this part are
magnetic.
(b) RVR values are stated in feet. Other visibility values are
stated in statute miles. All other mileages are stated in nautical
miles.
(Amdt. 97-561, 32 FR 13912, Oct. 6, 1967)
14 CFR 97.5 Subpart B -- Procedures
Editorial Note: The procedures set forth in this subpart were
formerly carried as 609.100 through 609.500 of this title and were
transferred to part 97 as 97.11 through 97.19, respectively, but are
not carried in the Code of Federal Regulations. For Federal Register
citations affecting these procedures, see the List of CFR Sections
Affected in the Finding Aids section of this volume.
14 CFR 97.10 General.
This subpart prescribes standard instrument approach procedures other
than those based on the criteria contained in the U.S. Standard for
Terminal Instrument Approach Procedures (TERPs). Standard instrument
approach procedures adopted by the FAA and described on FAA Form 3139
are incorporated into this part and made a part hereof as provided in 5
U.S.C. 552(a)(1) and pursuant to 1 CFR part 20. The incorporated
standard instrument approach procedures are available for examination at
the Rules Docket and at the National Flight Data Center, Federal
Aviation Administration, 800 Independence Avenue SW., Washington, DC
20590. Copies of SIAPs adopted in a particular FAA Region are also
available for examination at the headquarters of that region. Moreover,
copies of SIAPs originating in a particular Flight Inspection District
Office are available for examination at that office. Based on the
information contained on FAA Form 3139, standard instrument approach
procedures are portrayed on charts prepared for the use of pilots by the
U.S. Coast and Geodetic Survey and other publishers of aeronautical
charts.
(Amdt. 97-969, 35 FR 5609, Apr. 7, 1970)
14 CFR 97.10 Subpart C -- TERPS Procedures
Source: Docket No. 8130, Amdt. 97-561, 32 FR 13912, Oct. 6, 1967,
unless otherwise noted.
Editorial Note: The procedures for 97.21 through 97.35,
respectively, are not carried in the Code of Federal Regulations. For
Federal Register citations affecting these procedures, see the List of
CFR Sections Affected in the Finding Aids section of this volume.
14 CFR 97.20 General.
This subpart prescribes standard instrument approach procedures based
on the criteria contained in the U.S. Standard for Terminal Instrument
Approach Procedures (TERPs). The standard instrument approach
procedures adopted by the FAA and described on FAA Form 8260-3, 8260-4,
or 8260-5 are incorporated into this part and made a part hereof as
provided in 5 U.S.C. 552(a)(1) and pursuant to 1 CFR part 20. The
incorporated standard instrument approach procedures are available for
examination at the Rules Docket and at the National Flight Data Center,
Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 20590. Copies of SIAPs adopted in a particular FAA
Region are also available for examination at the headquarters of that
Region. Moreover, copies of SIAPs originating in a particular Flight
Inspection District Office are available for examination at that Office.
Based on the information contained on FAA Form 8260-3, 8260-4, and
8260-5, standard instrument approach procedures are portrayed on charts
prepared for the use of pilots by the U.S. Coast and Geodetic Survey and
other publishers of aeronautical charts.
(Sec. 6(c) Department of Transportation Act. 49 U.S.C. 1655(c) and 5
U.S.C. 552(a)(1))
(Amdt. 97-969, 35 FR 5609, Apr. 7, 1970)
14 CFR 97.20 PART 99 -- SECURITY CONTROL OF AIR TRAFFIC
14 CFR 97.20 Subpart A -- General
Sec.
99.1 Applicability.
99.3 General.
99.5 Emergency situations.
99.7 Special security instructions.
99.9 Radio requirements.
99.11 ADIZ flight plan requirements.
99.12 Transponder-on requirements.
99.15 Arrival or completion notice.
99.17 Position reports; aircraft operating in or penetrating an
ADIZ; IFR.
99.19 Position reports; aircraft operating in or penetrating an
ADIZ; DVFR.
99.21 Position reports; aircraft entering the United States through
an ADIZ; United States aircraft.
99.23 Position reports; aircraft entering the United States through
an ADIZ; foreign aircraft.
99.27 Deviation from flight plans and ATC clearances and
instructions.
99.29 Radio failure; DVFR.
99.31 Radio failure; IFR.
14 CFR 97.20 Subpart B -- Designated Air Defense Identification Zones
99.41 General.
99.42 Contiguous U.S. ADIZ.
99.43 Alaska ADIZ.
99.45 Guam ADIZ.
99.47 Hawaii ADIZ.
99.49 Defense Area.
Authority: 49 U.S.C. 1348, 1354(a), 1502, 1510, and 1522; 49 U.S.C.
106(g) (Revised Pub. L. 97-449, January 12, 1983).
Source: Docket No. 25113, Amdt. 99-13, 53 FR 18217, May 20, 1988,
unless otherwise noted.
14 CFR 97.20 Subpart A -- General
14 CFR 99.1 Applicability.
(a) This subpart prescribes rules for operating civil aircraft in a
defense area, or into, within, or out of the United States through an
Air Defense Identification Zone (ADIZ), designated in subpart B.
(b) Except for 99.7 and 99.12, this subpart does not apply to the
operation of any aircraft --
(1) Within the 48 contiguous States and the District of Columbia, or
within the State of Alaska, on a flight which remains within 10 nautical
miles of the point of departure;
(2) Operating at true airspeed of less than 180 knots in the Hawaii
ADIZ or over any island, or within 3 nautical miles of the coastline of
any island, in the Hawaii ADIZ;
(3) Operating at true airspeed of less than 180 knots in the Alaska
ADIZ while the pilot maintains a continuous listening watch on the
appropriate frequency; or
(4) Operating at true airspeed of less than 180 knots in the Guam
ADIZ.
(c) Except as provided in 99.7, the radio and position reporting
requirements of this subpart do not apply to the operation of an
aircraft within the 48 contiguous States and the District of Columbia,
or within the State of Alaska, if that aircraft does not have two-way
radio and is operated in accordance with a filed DVFR flight plan
containing the time and point of ADIZ penetration and that aircraft
departs within 5 minutes of the estimated departure time contained in
the flight plan.
(d) An FAA ATC center may exempt the following operations from this
subpart (except Section 99.7), on a local basis only, with the
concurrence of the military commanders concerned:
(1) Aircraft operations that are conducted wholly within the
boundaries of an ADIZ and are not currently significant to the air
defense system.
(2) Aircraft operations conducted in accordance with special
procedures prescribed by the military authorities concerned.
(Doc. No. 25113, Amdt. 99-13, 53 FR 18217, May 20, 1988, as amended
by Amdt. 99-14, 53 FR 44182, Nov. 2, 1988)
14 CFR 99.3 General.
(a) The Air Defense Identification Zone (ADIZ) is an area of airspace
over land or water in which the ready identification, location, and
control of civil aircraft is required in the interest of national
security.
(b) Unless designated as an ADIZ, a Defense Area is any airspace of
the United States in which the control of aircraft is required for
reasons of national security.
(c) For the purposes of this part, a Defense Visual Flight Rules
(DVFR) flight is a flight within an ADIZ conducted under the visual
flight rules in part 91.
14 CFR 99.5 Emergency situations.
In an emergency that requires immediate decision and action for the
safety of the flight, the pilot in command of an aircraft may deviate
from the rules in this part to the extent required by that emergency.
He shall report the reasons for the deviation to the communications
facility where flight plans or position reports are normally filed
(referred to in this part as ''an appropriate aeronautical facility'')
as soon as possible.
14 CFR 99.7 Special security instructions.
Each person operating an aircraft in an ADIZ or Defense Area shall,
in addition to the applicable rules of this part, comply with special
security instructions issued by the Administrator in the interest of
national security and that are consistent with appropriate agreements
between the FAA and the Department of Defense.
14 CFR 99.9 Radio requirements.
Except as provided in 99.1(c), no person may operate an aircraft in
an ADIZ unless the aircraft has a functioning two-way radio.
14 CFR 99.11 ADIZ flight plan requirements.
(a) Unless otherwise authorized by ATC, no person may operate an
aircraft into, within, or across an ADIZ unless that person has filed a
flight plan with an appropriate aeronautical facility.
(b) Unless ATC authorizes an abbreviated flight plan --
(1) A flight plan for IFR flight must contain the information
specified in 91.169; and
(2) A flight plan for VFR flight must contain the information
specified in 91.153(a) (1) through (6).
(3) If airport of departure is within the Alaskan ADIZ and there is
no facility for filing a flight plan then:
(i) Immediately after takeoff or when within range of an appropriate
aeronautical facility, comply with provisions of paragraph (b)(1) or
(b)(2) as appropriate.
(ii) Proceed according to the instructions issued by the appropriate
aeronautical facility.
(c) The pilot shall designate a flight plan for VFR flight as a DVFR
flight plan.
(Doc. No. 25113, Amdt. 99-13, 53 FR 18217, May 20, 1988; Amdt.
99-14, 53 FR 44182, Nov. 2, 1988, as amended by Amdt. 99-15, 54 FR
34331, Aug. 18, 1989)
14 CFR 99.12 Transponder-on requirements.
(a) Aircraft transponder-on operation. Each person operating an
aircraft into or out of the United States into, within, or across an
ADIZ designated in subpart B of this part, if that aircraft is equipped
with an operable radar beacon transponder, shall operate the
transponder, including altitude encoding equipment if installed, and
shall reply on the appropriate code or as assigned by ATC.
(b) ATC transponder equipment and use. Effective September 7, 1990,
unless otherwise authorized by ATC, no person may operate a civil
aircraft into or out of the United States into, within, or across the
contiguous U.S. ADIZ designated in subpart B of this part unless that
aircraft is equipped with a coded radar beacon transponder.
(c) ATC transponder and altitude reporting equipment and use.
Effective December 30, 1990, unless otherwise authorized by ATC, no
person may operate a civil aircraft into or out of the United States
into, within, or across the contiguous U.S. ADIZ unless that aircraft is
equipped with a coded radar beacon transponder and automatic pressure
altitude reporting equipment having altitude reporting capability that
automatically replies to interrogations by transmitting pressure
altitude information in 100-foot increments.
(d) Paragraphs (b) and (c) of this section do not apply to the
operation of an aircraft which was not originally certificated with an
engine-driven electrical system and which has not subsequently been
certified with such a system installed, a balloon, or a glider.
(Amdt. 99-16, 55 FR 8395, Mar. 7, 1990)
14 CFR 99.15 Arrival or completion notice.
The pilot in command of an aircraft for which a flight plan has been
filed shall file an arrival or completion notice with an appropriate
aeronautical facility, unless the flight plan states that no notice will
be filed.
14 CFR 99.17 Position reports; aircraft operating in or penetrating an
ADIZ; IFR.
The pilot of an aircraft operating in or penetrating an ADIZ under
IFR --
(a) In controlled airspace, shall make the position reports required
in 91.183; and
(b) In uncontrolled airspace, shall make the position reports
required in 99.19.
(Doc. No. 25113, Amdt. 93-13, 53 FR 18217, May 20, 1988, as amended
by Amdt. 99-15, 54 FR 34331, Aug. 18, 1989)
14 CFR 99.19 Position reports; aircraft operating in or penetrating an
ADIZ; DVFR.
No pilot may operate an aircraft penetrating an ADIZ under DVFR
unless --
(a) That pilot reports to an appropriate aeronautical facility before
penetration: The time, position, and altitude at which the aircraft
passed the last reporting point before penetration and the estimated
time of arrival over the next appropriate reporting point along the
flight route;
(b) If there is no appropriate reporting point along the flight
route, that pilot reports at least 15 minutes before penetration: The
estimated time, position, and altitude at which he will penetrate; or
(c) If the airport departure is within an ADIZ or so close to the
ADIZ boundary that it prevents his complying with paragraphs (a) or (b)
of this section, that pilot has reported immediately after taking off:
the time of departure, altitude, and estimated time of arrival over the
first reporting point along the flight route.
14 CFR 99.21 Position reports; aircraft entering the United States
through an ADIZ; United States aircraft.
The pilot of an aircraft entering the United States through an ADIZ
shall make the reports required in 99.17 or 99.19 to an appropriate
aeronautical facility.
14 CFR 99.23 Position reports; aircraft entering the United States
through an ADIZ; foreign aircraft.
In addition to such other reports as ATC may require, no pilot in
command of a foreign civil aircraft may enter the U.S. through an ADIZ
unless that pilot makes the reports required in 99.17 or 99.19 or
reports the position of the aircraft when it is not less than one hour
and not more than 2 hours average direct cruising distance from the
United States.
(Doc. No. 25113, Amdt. 99-13, 53 FR 18217, May 20, 1988; 53 FR
21989, June 13, 1988)
14 CFR 99.27 Deviation from flight plans and ATC clearances and
instructions.
(a) No pilot may deviate from the provisions of an ATC clearance or
ATC instruction except in accordance with 91.123 of this chapter.
(b) No pilot may deviate from the filed IFR flight plan when
operating an aircraft in uncontrolled airspace unless that pilot
notifies an appropriate aeronautical facility before deviating.
(c) No pilot may deviate from the filed DVFR flight plan unless that
pilot notifies an appropriate aeronautical facility before deviating.
(Doc. No. 25113, Amdt. 93-13, 53 FR 18217, May 20, 1988, as amended
by Amdt. 99-15, 54 FR 34331, Aug. 18, 1989)
14 CFR 99.29 Radio failure; DVFR.
If the pilot operating an aircraft under DVFR in an ADIZ cannot
maintain two-way radio communications, the pilot may proceed in
accordance with original DVFR flight plan or land as soon as
practicable. The pilot shall report the radio failure to an appropriate
aeronautical facility as soon as possible.
14 CFR 99.31 Radio failure; IFR.
If a pilot operating an aircraft under IFR in an ADIZ cannot maintain
two-way radio communications, the pilot shall proceed in accordance with
91.185 of this chapter.
(Doc. No. 25113, Amdt. 93-13, 53 FR 18217, May 20, 1988, as amended
by Amdt. 99-15, 54 FR 34331, Aug. 18, 1989)
14 CFR 99.31 Subpart B -- Designated Air Defense Identification Zones
14 CFR 99.41 General.
The airspace above the areas described in this subpart is established
as an ADIZ Defense Area. The lines between points described in this
subpart are great circles except that the lines joining adjacent points
on the same parallel of latitude are rhumb lines.
14 CFR 99.42 Contiguous U.S. ADIZ.
(a) The area bounded by a line from 26 00 N, 96 35 W; 26 00 N, 95 00
W; 26 30 N, 95 00 W; then along 26 30 N to 26 30 N, 84 00 W; 24 00 N,
83 00 W; 24 00 N, 80 00 W; 24 00 N, 79 25 W; 25 40 N, 79 25 W; 27 30
N, 78 50 W; 30 45 N, 74 00 W; 39 30 N, 63 45 W; 43 00 N, 65 48 W; 41
15 N, 69 30 W; 40 32 N, 72 15 W; 39 55 N, 73 00 W; 39 38 N, 73 00 W;
39 36 30"N, 73 40 30"W; 39 30 N, 73 45 W; 37 00 N, 75 30 W; 36 10 N,
75 10 W; 35 10 N, 75 10 W; 32 01 N, 80 32 W; 30 50 N, 80 54 W; 30 05
N, 81 07 W; 27 59 N, 79 23 W; 24 49 N, 80 00 W; 24 49 N, 80 55 W; 25
10 N, 81 12 W; then along a line 3 nautical miles from the shoreline to
25 45 N, 81 27 W; 25 45 N, 82 07 W; 28 55 N, 83 30 W; 29 20 N, 85 00
W; 30 00 N, 86 00 W; 30 00 N, 88 30 W; 29 00 N, 89 00 W; 28 45 N, 90
00 W; 29 26 N, 94 00 W; 28 42 N, 95 17 W; 28 05 N, 96 30 W; 26 25 N,
96 30 W; 26 00 N, 96 35 W; 25 58 N, to 97 07 W;
(b) The area bounded by a line from 32 32 03"N, 117 07 25"W; 32 30
N, 117 20 W; 32 00 N, 118 24 W; 30 45 N, 120 50 W; 29 00 N, 124 00 W;
37 42 N, 130 40 W; 48 20 N, 132 00 W; 48 20 N, 128 00 W; 48 30 N,
125 00 W; 48 29 38"N, 124 43 35"W; 48 00 N, 125 15 W; 46 15 N, 124 30
W; 43 00 N, 124 40 W; 40 00 N, 124 35 W; 38 50 N, 124 00 W; 34 50 N,
121 10 W; 34 00 N, 120 30 W; 32 00 N, 118 24 W; 32 30 N, 117 20 W;
32 32 03"N, to 117 07 25"W; and
(c) A line extending from 32 32 03"N, 117 07 25"W; eastward along
the United States-Mexico Border to 25 58 00"N, 97 07 00"W.''
(Doc. No. 25113, Amdt. 99-13, 53 FR 34043, Sept. 2, 1988)
14 CFR 99.43 Alaska ADIZ.
The area bounded by a line 54 00 N, 136 00 W; 56 57 N, 144 00 W; 57
00 N, 145 00 W; 53 00 N, 158 00 W; 50 00 N, 169 00 W; 50 00 N, 180 00
; 50 00 N, 170 00 E; 53 00 N, 170 00 E; 60 00 N, 180 00 ; 65 00 N,
169 00 W; then along 169 00 W to 75 00 N, 169 00 W; then along the 75
00 N parallel to 75 00 N; 141 00 W to 69 50 N, 141 00 W; 71 18 N, 156
44 W; 69 52 N, 163 00 W; then south along 163 00 W to 54 00 N, 163 00
W; 56 30 N, 154 00 W; 59 20 N, 146 00 W; 59 30 N, 140 00 W; 57 00 N,
136 00 W; 54 35 N, 133 00 W; to point of beginning.
(Doc. No. 25113, Amdt. 99-13, 53 FR 18217, May 20, 1988; 53 FR
21989, June 13, 1988)
14 CFR 99.45 Guam ADIZ.
(a) Inner boundary. From a point 13 52 07"N, 143 59 16"E,
counterclockwise along the 50-nautical-mile radius arc of the NIMITZ
VORTAC (located at 13 27 11"N, 144 43 51"E); to a point 13 02 08"N, 145
28 17"E; then to a point 14 49 07"N, 146 13 58"E; counterclockwise
along the 35-nautical-mile radius arc of the SAIPAN NDB (located at 15
06 46"N, 145 42 42"E); to a point 15 24 21"N, 145 11 21"E; then to the
point of origin.
(b) Outer boundary. The area bounded by a circle with a radius of
250 NM centered at latitude 13 32 41"N, longitude 144 50 30"E.
14 CFR 99.47 Hawaii ADIZ.
(a) Outer boundary. The area included in the irregular octagonal
figure formed by a line connecting 26 30 N, 156 00 W; 26 30 N, 161 00
W; 24 00 N, 164 00 W; 20 00 N, 164 00 W; 17 00 N, 160 00 W; 17 00 N,
156 00 W; 20 00 N, 153 00 W; 22 00 N, 153 00 W; to point of
beginning.
(b) Inner boundary. The inner boundary to follow a line connecting
22 30 N, 157 00 W; 22 30 N, 160 00 W; 22 00 N, 161 00 W; 21 00 N, 161
00 W; 20 00 N, 160 00 W; 20 00 N, 156 30 W; 21 00 N, 155 30 W; to
point of beginning.
14 CFR 99.49 Defense Area.
All airspace of the United States is designated as Defense Area
except that airspace already designated as Air Defense Identification
Zone.
14 CFR 99.49 PART 101 -- MOORED BALLOONS, KITES, UNMANNED ROCKETS AND UNMANNED FREE BALLOONS
14 CFR 99.49 Subpart A -- General
Sec.
101.1 Applicability.
101.3 Waivers.
101.5 Operations in prohibited or restricted areas.
101.7 Hazardous operations.
14 CFR 99.49 Subpart B -- Moored Balloons and Kites
101.11 Applicability.
101.13 Operating limitations.
101.15 Notice requirements.
101.17 Lighting and marking requirements.
101.19 Rapid deflation device.
14 CFR 99.49 Subpart C -- Unmanned Rockets
101.21 Applicability.
101.23 Operating limitations.
101.25 Notice requirements.
14 CFR 99.49 Subpart D -- Unmanned Free Balloons
101.31 Applicability.
101.33 Operating limitations.
101.35 Equipment and marking requirements.
101.37 Notice requirements.
101.39 Balloon position reports.
Authority: 49 U.S.C. app. 1348, 1354, 1372, 1421, 1442, 1443, 1472,
1510, and 1522.
14 CFR 99.49 Subpart A -- General
14 CFR 101.1 Applicability.
(a) This part prescribes rules governing the operation in the United
States, of the following:
(1) Except as provided for in 101.7, any balloon that is moored to
the surface of the earth or an object thereon and that has a diameter of
more than 6 feet or a gas capacity of more than 115 cubic feet.
(2) Except as provided for in 101.7, any kite that weighs more than
5 pounds and is intended to be flown at the end of a rope or cable.
(3) Any unmanned rocket except:
(i) Aerial firework displays; and,
(ii) Model rockets:
(a) Using not more than four ounces of propellant;
(b) Using a slow-burning propellant;
(c) Made of paper, wood, or breakable plastic, containing no
substantial metal parts and weighing not more than 16 ounces, including
the propellant; and
(d) Operated in a manner that does not create a hazard to persons,
property, or other aircraft.
(4) Except as provided for in 101.7, any unmanned free balloon that
--
(i) Carries a payload package that weighs more than four pounds and
has a weight/size ratio of more than three ounces per square inch on any
surface of the package, determined by dividing the total weight in
ounces of the payload package by the area in square inches of its
smallest surface;
(ii) Carries a payload package that weighs more than six pounds;
(iii) Carries a payload, of two or more packages, that weighs more
than 12 pounds; or
(iv) Uses a rope or other device for suspension of the payload that
requires an impact force of more than 50 pounds to separate the
suspended payload from the balloon.
(b) For the purposes of this part, a gyroglider attached to a vehicle
on the surface of the earth is considered to be a kite.
(Doc. No. 1580, 28 FR 6721, June 29, 1963, as amended by Amdt.
101-1, 29 FR 46, Jan. 3, 1964; Amdt. 101-3, 35 FR 8213, May 26, 1970)
14 CFR 101.3 Waivers.
No person may conduct operations that require a deviation from this
part except under a certificate of waiver issued by the Administrator.
(Doc. No. 1580, 28 FR 6721, June 29, 1963)
14 CFR 101.5 Operations in prohibited or restricted areas.
No person may operate a moored balloon, kite, unmanned rocket, or
unmanned free balloon in a prohibited or restricted area unless he has
permission from the using or controlling agency, as appropriate.
(Amdt. 101-1, 29 FR 46, Jan. 3, 1964)
14 CFR 101.7 Hazardous operations.
(a) No person may operate any moored balloon, kite, unmanned rocket,
or unmanned free balloon in a manner that creates a hazard to other
persons, or their property.
(b) No person operating any moored balloon, kite, unmanned rocket, or
unmanned free balloon may allow an object to be dropped therefrom, if
such action creates a hazard to other persons or their property.
(Sec. 6(c), Department of Transportation Act (49 U.S.C. 1655(c)))
(Doc. No. 12800, Amdt. 101-4, 39 FR 22252, June 21, 1974)
14 CFR 101.7 Subpart B -- Moored Balloons and Kites
Source: Docket No. 1580, 28 FR 6722 June 29, 1963, unless otherwise
noted.
14 CFR 101.11 Applicability.
This subpart applies to the operation of moored balloons and kites.
However, a person operating a moored balloon or kite within a restricted
area must comply only with 101.19 and with additional limitations
imposed by the using or controlling agency, as appropriate.
14 CFR 101.13 Operating limitations.
(a) Except as provided in paragraph (b) of this section, no person
may operate a moored balloon or kite --
(1) Less than 500 feet from the base of any cloud;
(2) More than 500 feet above the surface of the earth;
(3) From an area where the ground visibility is less than three
miles; or
(4) Within five miles of the boundary of any airport.
(b) Paragraph (a) of this section does not apply to the operation of
a balloon or kite below the top of any structure and within 250 feet of
it, if that shielded operation does not obscure any lighting on the
structure.
14 CFR 101.15 Notice requirements.
No person may operate an unshielded moored balloon or kite more than
150 feet above the surface of the earth unless, at least 24 hours before
beginning the operation, he gives the following information to the FAA
ATC facility that is nearest to the place of intended operation:
(a) The names and addresses of the owners and operators.
(b) The size of the balloon or the size and weight of the kite.
(c) The location of the operation.
(d) The height above the surface of the earth at which the balloon or
kite is to be operated.
(e) The date, time, and duration of the operation.
14 CFR 101.17 Lighting and marking requirements.
(a) No person may operate a moored balloon or kite, between sunset
and sunrise unless the balloon or kite, and its mooring lines, are
lighted so as to give a visual warning equal to that required for
obstructions to air navigation in the FAA publication ''Obstruction
Marking and Lighting''.
(b) No person may operate a moored balloon or kite between sunrise
and sunset unless its mooring lines have colored pennants or streamers
attached at not more than 50 foot intervals beginning at 150 feet above
the surface of the earth and visible for at least one mile.
(Sec. 6(c), Department of Transportation Act (49 U.S.C. 1655(c)))
(Doc. No. 1580, 28 FR 6722, June 29, 1963, as amended by Amdt.
101-4, 39 FR 22252, June 21, 1974)
14 CFR 101.19 Rapid deflation device.
No person may operate a moored balloon unless it has a device that
will automatically and rapidly deflate the balloon if it escapes from
its moorings. If the device does not function properly, the operator
shall immediately notify the nearest ATC facility of the location and
time of the escape and the estimated flight path of the balloon.
14 CFR 101.19 Subpart C -- Unmanned Rockets
14 CFR 101.21 Applicability.
This subpart applies to the operation of unmanned rockets. However,
a person operating an unmanned rocket within a restricted area must
comply only with 101.23(g) and with additional limitations imposed by
the using or controlling agency, as appropriate.
(Doc. No. 1580, 28 FR 6722, June 29, 1963)
14 CFR 101.23 Operating limitations.
No person may operate an unmanned rocket --
(a) In a manner that creates a collision hazard with other aircraft;
(b) In controlled airspace;
(c) Within five miles of the boundary of any airport;
(d) At any altitude where clouds or obscuring phenomena of more than
five-tenths coverage prevails;
(e) At any altitude where the horizontal visibility is less than five
miles;
(f) Into any cloud;
(g) Within 1,500 feet of any person or property that is not
associated with the operations; or
(h) Between sunset and sunrise.
(Sec. 6(c), Department of Transportation Act (49 U.S.C. 1655(c)))
(Doc. No. 1580, 28 FR 6722, June 29, 1963, as amended by Amdt.
101-4, 39 FR 22252, June 21, 1974)
14 CFR 101.25 Notice requirements.
No person may operate an unmanned rocket unless, within 24 to 48
hours before beginning the operation, he gives the following information
to the FAA ATC facility that is nearest to the place of intended
operation:
(a) The names and addresses of the operators.
(b) The number of rockets to be operated.
(c) The size and weight of each rocket.
(d) The maximum altitude to which each rocket will be operated.
(e) The location of the operation.
(f) The date, time, and duration of the operation.
(g) Any other pertinent information requested by the ATC facility.
(Doc. No. 1580, 28 FR 6722, June 29, 1963)
14 CFR 101.25 Subpart D -- Unmanned Free Balloons
Source: Docket No. 1457, Amdt. 101-1, 29 FR 47, Jan. 3, 1964,
unless otherwise noted.
14 CFR 101.31 Applicability.
This subpart applies to the operation of unmanned free balloons.
However, a person operating an unmanned free balloon within a restricted
area must comply only with 101.33 (d) and (e) and with any additional
limitations that are imposed by the using or controlling agency, as
appropriate.
14 CFR 101.33 Operating limitations.
No person may operate an unmanned free balloon --
(a) Unless otherwise authorized by ATC, in a control zone below 2,000
feet above the surface, or in an airport traffic area;
(b) At any altitude where there are clouds or obscuring phenomena of
more than five-tenths coverage;
(c) At any altitude below 60,000 feet standard pressure altitude
where the horizontal visibility is less than five miles;
(d) During the first 1,000 feet of ascent, over a congested area of a
city, town, or settlement or an open-air assembly of persons not
associated with the operation; or
(e) In such a manner that impact of the balloon, or part thereof
including its payload, with the surface creates a hazard to persons or
property not associated with the operation.
(Doc. No. 1457, 29 FR 47, Jan. 3, 1964, as amended by Amdt. 101-5, 56
FR 65662, Dec. 17, 1991)
Effective Date Note: By Amdt. 101-5, 56 FR 65662, Dec. 17, 1991,
101.33 was amended by revising paragraph (a), effective September 16,
1993. For the convenience of the user, the revised text follows.
101.33 Operating limitations.
(a) Unless otherwise authorized by ATC, below 2,000 feet above the
surface within the lateral boundaries of the surface areas of Class B,
Class C, Class D, or Class E airspace designated for an airport;
14 CFR 101.35 Equipment and marking requirements.
(a) No person may operate an unmanned free balloon unless --
(1) It is equipped with at least two payload cut-down systems or
devices that operate independently of each other;
(2) At least two methods, systems, devices, or combinations thereof,
that function independently of each other, are employed for terminating
the flight of the balloon envelope; and
(3) The balloon envelope is equipped with a radar reflective
device(s) or material that will present an echo to surface radar
operating in the 200 MHz to 2700 MHz frequency range.
The operator shall activate the appropriate devices required by
paragraphs (a) (1) and (2) of this section when weather conditions are
less than those prescribed for operation under this subpart, or if a
malfunction or any other reason makes the further operation hazardous to
other air traffic or to persons and property on the surface.
(b) No person may operate an unmanned free balloon below 60,000 feet
standard pressure altitude between sunset and sunrise (as corrected to
the altitude of operation) unless the balloon and its attachments and
payload, whether or not they become separated during the operation, are
equipped with lights that are visible for at least 5 miles and have a
flash frequency of at least 40, and not more than 100, cycles per
minute.
(c) No person may operate an unmanned free balloon that is equipped
with a trailing antenna that requires an impact force of more than 50
pounds to break it at any point, unless the antenna has colored pennants
or streamers that are attached at not more than 50 foot intervals and
that are visible for at least one mile.
(d) No person may operate between sunrise and sunset an unmanned free
balloon that is equipped with a suspension device (other than a highly
conspicuously colored open parachute) more than 50 feet along, unless
the suspension device is colored in alternate bands of high conspicuity
colors or has colored pennants or streamers attached which are visible
for at least one mile.
(Sec. 6(c), Department of Transportation Act (49 U.S.C. 1655(c)))
(Doc. No. 1457, Amdt. 101-1, 29 FR 47, Jan. 3, 1964, as amended by
Amdt. 101-2, 32 FR 5254, Mar. 29, 1967; Amdt. 101-4, 39 FR 22252, June
21, 1974)
14 CFR 101.37 Notice requirements.
(a) Prelaunch notice: Except as provided in paragraph (b) of this
section, no person may operate an unmanned free balloon unless, within 6
to 24 hours before beginning the operation, he gives the following
information to the FAA ATC facility that is nearest to the place of
intended operation:
(1) The balloon identification.
(2) The estimated date and time of launching, amended as necessary to
remain within plus or minus 30 minutes.
(3) The location of the launching site.
(4) The cruising altitude.
(5) The forecast trajectory and estimated time to cruising altitude
or 60,000 feet standard pressure altitude, whichever is lower.
(6) The length and diameter of the balloon, length of the suspension
device, weight of the payload, and length of the trailing antenna.
(7) The duration of flight.
(8) The forecast time and location of impact with the surface of the
earth.
(b) For solar or cosmic disturbance investigations involving a
critical time element, the information in paragraph (a) of this section
shall be given within 30 minutes to 24 hours before beginning the
operation.
(c) Cancellation notice: If the operation is canceled, the person
who intended to conduct the operation shall immediately notify the
nearest FAA ATC facility.
(d) Launch notice: Each person operating an unmanned free balloon
shall notify the nearest FAA or military ATC facility of the launch time
immediately after the balloon is launched.
14 CFR 101.39 Balloon position reports.
(a) Each person operating an unmanned free balloon shall:
(1) Unless ATC requires otherwise, monitor the course of the balloon
and record its position at least every two hours; and
(2) Forward any balloon position reports requested by ATC.
(b) One hour before beginning descent, each person operating an
unmanned free balloon shall forward to the nearest FAA ATC facility the
following information regarding the balloon:
(1) The current geographical position.
(2) The altitude.
(3) The forecast time of penetration of 60,000 feet standard pressure
altitude (if applicable).
(4) The forecast trajectory for the balance of the flight.
(5) The forecast time and location of impact with the surface of the
earth.
(c) If a balloon position report is not recorded for any two-hour
period of flight, the person operating an unmanned free balloon shall
immediately notify the nearest FAA ATC facility. The notice shall
include the last recorded position and any revision of the forecast
trajectory. The nearest FAA ATC facility shall be notified immediately
when tracking of the balloon is re-established.
(d) Each person operating an unmanned free balloon shall notify the
nearest FAA ATC facility when the operation is ended.
14 CFR 101.39 PART 103 -- ULTRALIGHT VEHICLES
14 CFR 101.39 Subpart A -- General
Sec.
103.1 Applicability.
103.3 Inspection requirements.
103.5 Waivers.
103.7 Certification and registration.
14 CFR 101.39 Subpart B -- Operating Rules
103.9 Hazardous operations.
103.11 Daylight operations.
103.13 Operation near aircraft; right-of-way rules.
103.15 Operations over congested areas.
103.17 Operations in certain airspace.
103.19 Operations in prohibited or restricted areas.
103.20 Flight restrictions in the proximity of certain areas
designated by notice to airmen.
103.21 Visual reference with the surface.
103.23 Flight visibility and cloud clearance requirements.
Authority: 49 U.S.C. app. 1348, 1354(a), 1421(a), 1422, and 1423;
49 U.S.C. 1655(c).
Source: Docket No. 21631, 47 FR 38776, Sept. 2, 1982, unless
otherwise noted.
14 CFR 101.39 Subpart A -- General
14 CFR 103.1 Applicability.
This part prescribes rules governing the operation of ultralight
vehicles in the United States. For the purposes of this part, an
ultralight vehicle is a vehicle that:
(a) Is used or intended to be used for manned operation in the air by
a single occupant;
(b) Is used or intended to be used for recreation or sport purposes
only;
(c) Does not have any U.S. or foreign airworthiness certificate; and
(d) If unpowered, weighs less than 155 pounds; or
(e) If powered:
(1) Weighs less than 254 pounds empty weight, excluding floats and
safety devices which are intended for deployment in a potentially
catastrophic situation;
(2) Has a fuel capacity not exceeding 5 U.S. gallons;
(3) Is not capable of more than 55 knots calibrated airspeed at full
power in level flight; and
(4) Has a power-off stall speed which does not exceed 24 knots
calibrated airspeed.
14 CFR 103.3 Inspection requirements.
(a) Any person operating an ultralight vehicle under this part shall,
upon request, allow the Administrator, or his designee, to inspect the
vehicle to determine the applicability of this part.
(b) The pilot or operator of an ultralight vehicle must, upon request
of the Administrator, furnish satisfactory evidence that the vehicle is
subject only to the provisions of this part.
14 CFR 103.5 Waivers.
No person may conduct operations that require a deviation from this
part except under a written waiver issued by the Administrator.
14 CFR 103.7 Certification and registration.
(a) Notwithstanding any other section pertaining to certification of
aircraft or their parts or equipment, ultralight vehicles and their
component parts and equipment are not required to meet the airworthiness
certification standards specified for aircraft or to have certificates
of airworthiness.
(b) Notwithstanding any other section pertaining to airman
certification, operators of ultralight vehicles are not required to meet
any aeronautical knowledge, age, or experience requirements to operate
those vehicles or to have airman or medical certificates.
(c) Notwithstanding any other section pertaining to registration and
marking of aircraft, ultralight vehicles are not required to be
registered or to bear markings of any type.
14 CFR 103.7 Subpart B -- Operating Rules
14 CFR 103.9 Hazardous operations.
(a) No person may operate any ultralight vehicle in a manner that
creates a hazard to other persons or property.
(b) No person may allow an object to be dropped from an ultralight
vehicle if such action creates a hazard to other persons or property.
14 CFR 103.11 Daylight operations.
(a) No person may operate an ultralight vehicle except between the
hours of sunrise and sunset.
(b) Notwithstanding paragraph (a) of this section, ultralight
vehicles may be operated during the twilight periods 30 minutes before
official sunrise and 30 minutes after official sunset or, in Alaska,
during the period of civil twilight as defined in the Air Almanac, if:
(1) The vehicle is equipped with an operating anticollision light
visible for at least 3 statute miles; and
(2) All operations are conducted in uncontrolled airspace.
14 CFR 103.13 Operation near aircraft; right-of-way rules.
(a) Each person operating an ultralight vehicle shall maintain
vigilance so as to see and avoid aircraft and shall yield the
right-of-way to all aircraft.
(b) No person may operate an ultralight vehicle in a manner that
creates a collision hazard with respect to any aircraft.
(c) Powered ultralights shall yield the right-of-way to unpowered
ultralights.
14 CFR 103.15 Operations over congested areas.
No person may operate an ultralight vehicle over any congested area
of a city, town, or settlement, or over any open air assembly of
persons.
14 CFR 103.17 Operations in certain airspace.
No person may operate an ultralight vehicle within an airport traffic
area, control zone, airport radar service area, terminal control area,
or positive control area unless that person has prior authorization from
the air traffic control facility having jurisdiction over that airspace.
(Doc. No. 23708, 50 FR 9259, Mar. 6, 1985)
Effective Date Note: By 103-17, 56 FR 65662, Dec. 17, 1991, 103.17
was revised, effective September 16, 1993. For the convenience of the
user, the revised text follows.
103.17 Operations in certain airspace.
No person may operate an ultralight vehicle within Class A, Class B,
Class C, or Class D airspace or within the lateral boundaries of the
surface area of Class E airspace designated for an airport unless that
person has prior authorization from the ATC facility having jurisdiction
over that airspace.
(Doc. No. 24456, 56 FR 65662, Dec. 17, 1991)
14 CFR 103.19 Operations in prohibited or restricted areas.
No person may operate an ultralight vehicle in prohibited or
restricted areas unless that person has permission from the using or
controlling agency, as appropriate.
14 CFR 103.20 Flight restrictions in the proximity of certain areas
designated by notice to airmen.
No person may operate an ultralight vehicle in areas designated in a
Notice to Airmen under 91.143 or 91.141 of this chapter, unless
authorized by ATC.
(Doc. No. 24454, 50 FR 4969, Feb. 5, 1985, as amended by Amdt.
103-3, 54 FR 34331, Aug. 18, 1989)
14 CFR 103.21 Visual reference with the surface.
No person may operate an ultralight vehicle except by visual
reference with the surface.
14 CFR 103.23 Flight visibility and cloud clearance requirements.
No person may operate an ultralight vehicle when the flight
visibility or distance from clouds is less than that in the following
table, as appropriate:
Effective Date Note: By Amdt. 103-4, 56 FR 65662, Dec. 17, 1991,
103.23 was revised, effective September 16, 1993. For the convenience
of the user, the revised text follows.
103.23 Flight visibility and cloud clearance requirements.
No person may operate an ultralight vehicle when the flight
visibility or distance from clouds is less than that in the table found
below. All operations in Class A, Class B, Class C, and Class D
airspace or Class E airspace designated for an airport must receive
prior ATC authorization as required in 103.17 of this part.
(Doc. No. 24458, 56 FR 65662, Dec. 17, 1991)
14 CFR 103.23 PART 105 -- PARACHUTE JUMPING
14 CFR 103.23 Subpart A -- General
Sec.
105.1 Applicability.
14 CFR 103.23 Subpart B -- Operating Rules
105.11 Applicability.
105.13 General.
105.14 Radio equipment and use requirements.
105.15 Jumps over or into congested areas or open air assembly of
persons.
105.17 Jumps over or onto airports.
105.19 Jumps in or into control zones with functioning control towers
operated by the United States.
105.20 Jumps in or into airport radar service areas.
105.21 Jumps into or within positive control areas and terminal
control areas.
105.23 Jumps in or into other airspace.
105.25 Information required, and notice of cancellation or
postponement of jump.
105.27 Jumps over or within restricted or prohibited areas.
105.29 Flight visibility and clearance from clouds requirements.
105.33 Parachute jumps between sunset and sunrise.
105.35 Liquor and drugs.
105.37 Inspections.
14 CFR 103.23 Subpart C -- Parachute Equipment
105.41 Applicability.
105.43 Parachute equipment and packing requirements.
Authority: 49 U.S.C. App. 1348, 1354, and 1421; 49 U.S.C. 106(g).
Source: Docket No. 1491, 27 FR 11636 Nov. 27, 1962, unless
otherwise noted.
14 CFR 103.23 Subpart A -- General
14 CFR 105.1 Applicability.
(a) This part prescribes rules governing parachute jumps made in the
United States except parachute jumps necessary because of an inflight
emergency.
(b) For the purposes of this part, a parachute jump means the descent
of a person, to the surface from an aircraft in flight, when he intends
to use, or uses, a parachute during all or part of that descent.
14 CFR 105.1 Subpart B -- Operating Rules
14 CFR 105.11 Applicability.
(a) Except as provided in paragraphs (b) and (c) of this section,
this subpart prescribes operating rules governing parachute jumps to
which this part applies.
(b) This subpart does not apply to a parachute jump necessary to meet
an emergency on the surface, when it is made at the direction, or with
the approval, of an agency of the United States, or of a State, Puerto
Rico, the District of Columbia, or a possession of the United States, or
of a political subdivision of any of them.
(c) Sections 105.13 through 105.17 and 105.27 through 105.37 of
this subpart do not apply to a parachute jump made by a member of an
Armed Force:
(1) Over or within a restricted area when that area is under the
control of an Armed Force; or
(2) In military operations in uncontrolled airspace.
(d) Section 105.23 does not apply to a parachute jump made by a
member of an Armed Force within a restricted area that extends upward
from the surface when that area is under the control of an Armed Force.
(Doc. No. 1491, 27 FR 11636, Nov. 27, 1962, as amended by Amdt.
105-4, 33 FR 11901, Aug. 22, 1968)
14 CFR 105.13 General.
No person may make a parachute jump, and no pilot in command of an
aircraft may allow a parachute jump to be made from that aircraft, if
that jump creates a hazard to air traffic or to persons or property on
the surface.
14 CFR 105.14 Radio equipment and use requirements.
(a) Except when otherwise authorized by ATC --
(1) No person may make a parachute jump, and no pilot in command of
an aircraft may allow a parachute jump to be made from that aircraft, in
or into controlled airspace unless, during that flight --
(i) The aircraft is equipped with a functioning two-way radio
communications system appropriate to the ATC facilities to be used;
(ii) Radio communications have been established between the aircraft
and the nearest FAA air traffic control facility or FAA flight service
station at least 5 minutes before the jumping activity is to begin, for
the purpose of receiving information in the aircraft about known air
traffic in the vicinity of the jumping activity; and
(iii) The information described in paragraph (a)(1)(ii) of this
section has been received by the pilot in command and the jumpers in
that flight; and
(2) The pilot in command of an aircraft used for any jumping activity
in or into controlled airspace shall, during each flight --
(i) Maintain or have maintained a continuous watch on the appropriate
frequency of the aircraft's radio communications system from the time
radio communications are first established between the aircraft and ATC,
until he advises ATC that the jumping activity is ended from that
flight; and
(ii) Advise ATC that the jumping activity is ended for that flight
when the last parachute jumper from the aircraft reaches the ground.
(b) If, during any flight, the required radio communications system
is or becomes inoperative, any jumping activity from the aircraft in or
into controlled airspace shall be abandoned. However, if the
communications system becomes inoperative in flight after receipt of a
required ATC authorization, the jumping activity from that flight may be
continued.
(Amdt. 105-2, 31 FR 16612, Dec. 29, 1966)
14 CFR 105.15 Jumps over or into congested areas or open air assembly
of persons.
(a) No person may make a parachute jump, and no pilot in command of
an aircraft may allow a parachute jump to be made from that aircraft,
over or into a congested area of a city, town, or settlement, or an open
air assembly of person unless a certificate of authorization for that
jump has been issued under this section. However, a parachutist may
drift over that congested area or open air assembly with a fully
deployed and properly functioning parachute if he is at a sufficient
altitude to avoid creating a hazard to persons and property on the
ground.
(b) An application for a certificate of authorization issued under
this section is made in a form and in a manner prescribed by the
Administrator and must be submitted to the FAA Flight Standards District
Office having jurisdiction over the area in which the parachute jump is
to be made, at least 4 days before the day of that jump.
(c) Each holder of a certificate of authorization issued under this
section shall present that certificate for inspection upon the request
of the Administrator, or any Federal, State, or local official.
(Doc. No. 1491, 27 FR 11636, Nov. 27, 1962, as amended by Doc. No.
4057, Amdt. 105-1, 29 FR 14920, Nov. 4, 1964; Amdt. 105-7, 43 FR 22641,
May 25, 1978)
14 CFR 105.17 Jumps over or onto airports.
Unless prior approval has been given by the airport management, no
person may make a parachute jump, and no pilot in command of an aircraft
may allow a parachute jump to be made from that aircraft --
(a) Over an airport that does not have a functioning control tower
operated by the United States; or
(b) Onto any airport.
However, a parachutist may drift over that airport with a fully
deployed and properly functioning parachute if he is at least 2,000 feet
above that airport's traffic pattern, and avoids creating a hazard to
air traffic or to persons and property on the ground.
(Doc. No. 4057, Amdt. 105-1, 29 FR 14920, Nov. 4, 1964)
14 CFR 105.19 Jumps in or into control zones with functioning control
towers operated by the United States.
(a) No person may make a parachute jump, and no pilot in command may
allow a parachute jump to be made from that aircraft, in or into a
control zone in which there is a functioning control tower operated by
the United States without, or in violation of the terms of, an
authorization issued under this section.
(b) Each request for an authorization under this section must be
submitted to the control tower having jurisdiction over the control zone
concerned and must include the information prescribed in 105.25.
Effective Date Note: By 105-10, 56 FR 65663, Dec. 17, 1991, 105.19
was revised, effective September 16, 1993. For the convenience of the
user, the revised text follows.
105.19 Jumps in or into Class A, Class B, Class C, and Class D
airspace.
(a) No person may make a parachute jump, and no pilot in command may
allow a parachute jump to be made from that aircraft, in or into Class
A, Class B, Class C, and Class D airspace without, or in violation of,
the terms of an ATC authorization issued under this section.
(b) Each request for an authorization under this section must be
submitted to the nearest FAA air traffic control facility or FAA flight
service station and must include the information prescribed by
105.25(a).
(Doc. No. 24458, 56 FR 65658, Dec. 17, 1991)
Effective Date Note: By Amdt. 105-10, 56 FR 65662, Dec. 17, 1991,
105.20 was removed, effective September 16, 1993.
14 CFR 105.20 Jumps in or into airport radar service areas.
(a) No person may make a parachute jump and no pilot in command may
allow a parachute jump to be made from that aircraft in or into an
airport radar service area without, or in violation of, the terms of an
ATC authorization issued under this section.
(b) Each request for an authorization under this section must be
submitted to the control tower at the airport for which the airport
radar service area is designated.
(Doc. No. 23708, 50 FR 9259, Mar. 6, 1985)
Effective Date Note: By Amdt. 105-21, 56 FR 65663, Dec. 17, 1991,
105.21 was removed, effective September 16, 1993.
14 CFR 105.21 Jumps into or within positive control areas and terminal
control areas.
(a) No person may make a parachute jump, and no pilot in command of
an aircraft may allow a parachute jump to be made from that aircraft, in
or into a positive control area or terminal control area without, or in
violation of, an authorization issued under this section.
(b) Each request for an authorization issued under this section must
be submitted to the nearest FAA air traffic control facility or FAA
flight service station and must include the information prescribed by
105.25(a).
(Amdt. 105-2, 31 FR 16612, Dec. 29, 1966, as amended by Amdt. 105-9,
51 FR 21907, June 17, 1986)
14 CFR 105.23 Jumps in or into other airspace.
(a) No person may make a parachute jump, and no pilot in command of
an aircraft may allow a parachute jump to be made from that aircraft, in
or into airspace unless the nearest FAA air traffic control facility or
FAA flight service station was notified of that jump at least 1 hour
before the jump is to be made, but not more than 24 hours before the
jumping is to be completed, and the notice contained the information
prescribed in 105.25(a).
(b) Notwithstanding paragraph (a) of this section, ATC may accept
from a parachute jumping organization a written notification of a
scheduled series of jumps to be made over a stated period of time not
longer than 12 calendar months. The notification must contain the
information prescribed by 105.25(a), identify the responsible persons
associated with that jumping activity, and be submitted at least 15
days, but not more than 30 days, before the jumping is to begin. ATC
may revoke the acceptance of the notification for any failure of the
jumping organization to comply with its terms.
(c) This section does not apply to parachute jumps in or into any
airspace or place described in 105.15, 105.19, or 105.21.
(Amdt. 105-2, 31 FR 16612, Dec. 29, 1966)
14 CFR 105.25 Information required, and notice of cancellation or
postponement of jump.
(a) Each person requesting an authorization under 105.19 or 105.21,
and each person submitting a notice under 105.23, must include the
following information (on an individual or group basis) in that request
or notice:
(1) The date and time jumping will begin.
(2) The size of the jump zone expressed in nautical mile radius
around the target.
(3) The location of the center of the jump zone in relation to --
(i) The nearest VOR facility in terms of the VOR radial on which it
is located, and its distance in nautical miles from the VOR facility
when that facility is 30 nautical miles or less from the drop zone
target; or
(ii) The nearest airport, town, or city depicted on the appropriate
Coast and Geodetic Survey WAC or Sectional Aeronautical chart, when the
nearest VOR facility is more than 30 nautical miles from the drop zone
target.
(4) The altitudes above mean sea level at which jumping will take
place.
(5) The duration of the intended jump.
(6) The name, address, and telephone number of the person requesting
the authorization or giving notice.
(7) The identification of the aircraft to be used.
(8) The radio frequencies, if any, available in the aircraft.
(b) Each person requesting an authorization under 105.19 or 105.21,
and each person submitting a notice under 105.23, must promptly notify
the FAA air traffic control facility or FAA flight service station from
which it requested authorization or which it notified, if the proposed
or scheduled jumping activity is canceled or postponed.
(Amdt. 105-2, 31 FR 16612, Dec. 29, 1966, as amended by Amdt. 105-6,
41 FR 47229, Oct. 28, 1976; Amdt. 105-9, 51 FR 21907, June 17, 1986)
14 CFR 105.27 Jumps over or within restricted or prohibited areas.
No person may make a parachute jump, and no pilot in command may
allow a parachute jump to be made from that aircraft, over or within a
restricted area or prohibited area unless the controlling agency of the
area concerned has authorized that jump.
14 CFR 105.29 Flight visibility and clearance from clouds requirements.
No person may make a parachute jump, and no pilot in command of an
aircraft may allow a parachute jump to be made from that aircraft --
(a) Into or through a cloud; or
(b) When the flight visibility is less, or at a distance from clouds
that is less, than that prescribed in the following table:
(Amdt. 105-5, 36 FR 8775, May 13, 1971)
14 CFR 105.33 Parachute jumps between sunset and sunrise.
(a) No person may make a parachute jump, and no pilot in command of
an aircraft may allow any person to make a parachute jump from that
aircraft, between sunset and sunrise, unless that person is equipped
with a means of producing a light visible for at least 3 statute miles.
(b) Each person making a parachute jump between sunset and sunrise
shall display the light required by paragraph (a) of this section from
the time that person exits the aircraft until that person reaches the
surface.
(Amdt. 105-7, 43 FR 22641, May 25, 1978)
14 CFR 105.35 Liquor and drugs.
No person may make a parachute jump while, and no pilot in command of
an aircraft may allow a person to make a parachute jump from that
aircraft if that person appears to be:
(a) Under the influence of intoxicating liquor; or
(b) Using any drug that affects his faculties in any way contrary to
safety.
14 CFR 105.37 Inspections.
The Administrator may inspect (including inspections at the jump
site), any parachute jump operation to which this part applies, to
determine compliance with the regulations of this part.
14 CFR 105.37 Subpart C -- Parachute Equipment
14 CFR 105.41 Applicability.
(a) Except as provided in paragraph (b) of this section, this subpart
prescribes rules governing parachute equipment used in parachute jumps
to which this part applies.
(b) This subpart does not apply to a parachute jump made by a member
of an Armed Force using parachute equipment of an Armed Force.
14 CFR 105.43 Parachute equipment and packing requirements.
(a) No person may make a parachute jump, and no pilot in command of
an aircraft may allow any person to make a parachute jump from that
aircraft, unless that person is wearing a single harness dual parachute
pack, having at least one main parachute and one approved auxiliary
parachute that are packed as follows:
(1) The main parachute must have been packed by a certificated
parachute rigger, or by the person making the jump, within 120 days
before the date of its use.
(2) The auxiliary must have been packed by a certificated and
appropriately rated parachute rigger:
(i) Within 120 days before the date of use, if its canopy, shroud,
and harness are composed exclusively of nylon, rayon, or other similar
synthetic fiber or material that is substantially resistant to damage
from mold, mildew, or other fungi and other rotting agents propagated in
a moist environment; or
(ii) Within 60 days before the date of use, if it is composed in any
amount of silk, pongee, or other natural fiber, or material not
specified in paragraph (a)(2)(i) of this section.
(b) No person may make a parachute jump using a static line attached
to the aircraft and the main parachute unless an assist device,
described and attached as follows, is used to aid the pilot chute in
performing its function, or, if no pilot chute is used, to aid in the
direct deployment of the main parachute canopy.
(1) The assist device must be long enough to allow the container to
open before a load is placed on the device.
(2) The assist device must have a static load strength of --
(i) At least 28 pounds but not more than 160 pounds, if it is used to
aid the pilot chute in performing its function; or
(ii) At least 56 pounds but not more than 320 pounds, if it is used
to aid in the direct deployment of the main parachute canopy.
(3) The assist device must be attached --
(i) At one end, to the static line above the static line pins, or, if
static pins are not used, above the static line ties to the parachute
cone; and
(ii) At the other end, to the pilot chute apex, bridle cord or bridle
loop, or, if no pilot chute is used, to the main parachute canopy.
(c) No person may attach an assist device required by paragraph (b)
of this section to any main parachute unless he has a current parachute
rigger certificate issued under part 65 of this chapter or is the person
who makes the jump with that parachute.
(d) For the purpose of this section, an approved parachute is:
(1) A parachute manufactured under a type certificate or a technical
standard order (C-23 series); or
(2) A personnel-carrying military parachute (other than a high
altitude, high-speed, or ejection kind) identified by an NAF, AAF, or AN
drawing number, an AAF order number, or any other military designation
or specification number.
(Doc. No. 1491, 27 FR 11636, Nov. 27, 1962 as amended by Amdt.
105-3, 33 FR 8481 June 8, 1968; Amdt. 105-7, 43 FR 22641, May 25, 1978)
14 CFR 105.43 PART 107 -- AIRPORT SECURITY
Sec.
107.1 Applicability and definitions.
107.3 Security program.
107.5 Approval of security program.
107.7 Changed conditions affecting security.
107.9 Amendment of security program by airport operator.
107.11 Amendment of security program by FAA.
107.13 Security of air operations area.
107.14 Access control system.
107.15 Law enforcement support.
107.17 Law enforcement officers.
107.19 Use of Federal law enforcement officers.
107.20 Submission to screening.
107.21 Carriage of an explosive, incendiary or deadly or dangerous
weapon.
107.23 Records.
107.25 Airport identification media.
107.27 Evidence of compliance.
107.29 Airport Security Coordinator.
Authority: 49 U.S.C. App. 1354, 1356, 1357, 1358, and 1421; 49
U.S.C. 106(g); Sec. 101, et seq., Pub. L. 101-604, 104 Stat. 3066.
14 CFR 107.1 Applicability and definitions.
(a) This part prescribes aviation security rules governing --
(1) The operation of each airport regularly serving the scheduled
passenger operations of a certificate holder required to have a security
program by 108.5(a) of this chapter;
(2) The operation of each airport regularly serving scheduled
passenger operations of a foreign air carrier required to have a
security program by 129.25 of this chapter; and
(3) Each person who is in or entering a sterile area on an airport
described in paragraph (a)(1) or (a)(2) of this section.
(b) For purposes of this part --
(1) Airport operator means a person who operates an airport regularly
serving scheduled passenger operations of a certificate holder or a
foreign air carrier required to have a security program by 108.5(a) or
129.25 of this chapter;
(2) Air Operations Area means a portion of an airport designed and
used for landing, taking off, or surface maneuvering of airplanes;
(3) Exclusive area means that part of an air operations area for
which an air carrier has agreed in writing with the airport operator to
exercise exclusive security responsibility under an approved security
program or a security program used in accordance with 129.25;
(4) Law enforcement officer means an individual who meets the
requirements of 107.17; and
(5) Sterile area means an area to which access is controlled by the
inspection of persons and property in accordance with an approved
security program or a security program used in accordance with 129.25.
(Doc. No. 16245, 43 FR 60792, Dec. 28, 1978, as amended by Amdt.
107-1, 46 FR 3785, Jan. 15, 1981)
14 CFR 107.3 Security program.
(a) No airport operator may operate an airport subject to this part
unless it adopts and carries out a security program that --
(1) Provides for the safety of persons and property traveling in air
transportation and intrastate air transportation against acts of
criminal violence and aircraft piracy;
(2) Is in writing and signed by the airport operator or any person to
whom the airport operator has delegated authority in this matter;
(3) Includes the items listed in paragraph (b), (f), or (g) of this
section, as appropriate; and
(4) Has been approved by the Director of Civil Aviation Security.
(b) For each airport subject to this part regularly serving scheduled
passenger operations conducted in airplanes having a passenger seating
configuration (as defined in 108.3 of this section of this chapter) of
more than 60 seats, the security program required by paragraph (a) of
this section must include at least the following:
(1) A description of each air operations area, including its
dimensions, boundaries, and pertinent features.
(2) A description of each area on or adjacent to, the airport which
affects the security of any air operations area.
(3) A description of each exclusive area, including its dimensions,
boundaries, and pertinent features, and the terms of the agreement
establishing the area.
(4) The procedures, and a description of the facilities and
equipment, used to perform the control functions specified in 107.13(a)
by the airport operator and by each air carrier having security
responsibility over an exclusive area.
(5) The procedures each air carrier having security responsibility
over an exclusive area will use to notify the airport operator when the
procedures, facilities, and equipment it uses are not adequate to
perform the control functions described in 107.13(a).
(6) A description of the alternate security procedures, if any, that
the airport operator intends to use in emergencies and other unusual
conditions.
(7) A description of the law enforcement support necessary to comply
with 107.15.
(8) A description of the training program for law enforcement
officers required by 107.17.
(9) A description of the system for maintaining the records described
in 107.23.
(c) The airport operator may comply with paragraph (b), (f), or (g)
of this section by including in the security program as an appendix any
document which contains the information required by paragraph (b), (f),
or (g) of this section.
(d) Each airport operator shall maintain at least one complete copy
of its approved security program at its principal operations office, and
shall make it available for inspection upon the request of any Civil
Aviation Security Special Agent.
(e) Each airport operator shall restrict the distribution,
disclosure, and availability of information contained in the security
program to those persons with an operational need-to-know and shall
refer requests for such information by other than those persons to the
Director of Civil Aviation Security of the FAA.
(f) For each airport subject to this part regularly serving scheduled
passenger operations conducted in airplanes having a passenger seating
configuration (as defined in 10.3 of this chapter) of more than 30 but
less than 61 seats, the security program required by paragraph (a) of
this section must include at least the following:
(1) A description of the law enforcement support necessary to comply
with 107.15(b), and the procedures which the airport operator has
arranged to be used by the certificate holder or foreign air carrier to
summon that support.
(2) A description of the training program for law enforcement
officers required by 107.17.
(3) A description of the system for maintaining the records described
in 107.23.
(g) For each airport subject to this part where the certificate
holder or foreign air carrier is required to conduct passenger screening
under a security program required by 108.5(a) (2) or (3) or 129.25(b)
(2) or (3) of this chapter, or conducts screening under a security
program being carried out pursuant to 108.5(b), as appropriate, the
security program required by paragraph (a) of this section must include
at least the following:
(1) A description of the law enforcement support necessary to comply
with 107.15.
(2) A description of the training program for law enforcement
officers required by 107.17.
(3) A description of the system for maintaining the records described
in 107.23.
(Doc. No. 16245, 43 FR 60792, Dec. 28, 1978, as amended by Amdt.
107-1, 46 FR 3785, Jan. 15, 1981; Amdt. 107-5, 54 FR 28765, July 7,
1989)
14 CFR 107.5 Approval of security program.
(a) Unless a shorter period is allowed by the Director of Civil
Aviation Security, each airport operator seeking initial approval of a
security program for an airport subject to this part shall submit the
proposed program to the Director of Civil Aviation Security at least 90
days before any scheduled passenger operations are expected to begin by
any certificate holder or permit holder to whom 121.538 or 129.25 of
this chapter applies.
(b) Within 30 days after receipt of a proposed security program, the
Director of Civil Aviation Security either approves the program or gives
the airport operator written notice to modify the program to make it
conform to the applicable requirements of this part.
(c) After receipt of a notice to modify, the airport operator may
either submit a modified security program or petition the Administrator
to reconsider the notice to modify. A petition for reconsideration must
be filed with the Director of Civil Aviation Security.
(d) Upon receipt of a petition for reconsideration, the Director of
Civil Aviation Security reconsiders the notice to modify and either
amends or withdraws the notice or transmits the petition, together with
any pertinent information, to the Administrator for consideration.
(e) After review of a petition for reconsideration, the Administrator
disposes of the petition by either directing the Director of Civil
Aviation Security to withdraw or amend the notice to modify, or by
affirming the notice to modify.
(Doc. No. 16245, 43 FR 60792, Dec. 28, 1978, as amended by Amdt.
107-5, 54 FR 28765, July 7, 1989)
14 CFR 107.7 Changed conditions affecting security.
(a) After approval of the security program, the airport operator
shall follow the procedures prescribed in paragraph (b) of this section
whenever it determines that any of the following changed conditions has
occurred:
(1) Any description of an airport area set out in the security
program in accordance with 107.3(b) (1), (2), or (3) is no longer
accurate.
(2) The procedures included, and the facilities and equipment
described, in the security program in accordance with 107.3(b) (4) and
(5) are not adequate for the control functions described in 107.13(a).
(3) The airport operator changes any alternate security procedures
described in the security program in accordance with 107.3(b)(6).
(4) The law enforcement support described in the security program in
accordance with 107.3 (b)(7), (f)(1), or (g)(1) is not adequate to
comply with 107.15.
(5) Any changes to the designation of the Airport Security
Coordinator (ASC) required under 107.29.
(b) Whenever a changed condition described in paragraph (a) of this
section occurs, the airport operator shall --
(1) Immediately notify the FAA security office having jurisdiction
over the airport of the changed condition, and identify each interim
measure being taken to maintain adequate security until an appropriate
amendment to the security program is approved; and
(2) Within 30 days after notifying the FAA in accordance with
paragraph (b)(1) of this section, submit for approval in accordance with
107.9 an amendment to the security program to bring it into compliance
with this part.
(Doc. No. 16245, 43 FR 60792, Dec. 28, 1978, as amended by Amdt.
107-1, 46 FR 3786, Jan. 15, 1981; 46 FR 36053, July 13, 1981; Amdt.
107-6, 56 FR 41424, Aug. 20, 1991)
14 CFR 107.9 Amendment of security program by airport operator.
(a) An airport operator requesting approval of a proposed amendment
to the security program shall submit the request to the Director of
Civil Aviation Security. Unless a shorter period is allowed by the
Director of Civil Aviation Security, the request must be submitted at
least 30 days before the proposed effective date.
(b) Within 15 days after receipt of a proposed amendment, the
Director of Civil Aviation Security issues to the airport operator, in
writing, either an approval or a denial of the request.
(c) An amendment to a security program is approved if the Director of
Civil Aviation Security determines that --
(1) Safety and the public interest will allow it, and
(2) The proposed amendment provides the level of security required by
107.3.
(d) After denial of a request for an amendment the airport operator
may petition the Administrator to reconsider the denial. A petition for
reconsideration must be filed with the Director of Civil Aviation
Security.
(e) Upon receipt of a petition for reconsideration the Director of
Civil Aviation Security reconsiders the denial and either approves the
proposed amendment or transmits the petition, together with any
pertinent information, to the Administrator for consideration.
(f) After review of a petition for reconsideration, the Administrator
disposes of the petition by either directing the Director of Civil
Aviation Security to approve the proposed amendment or affirming the
denial.
(Doc. No. 16245, 43 FR 60792, Dec. 28, 1978, as amended by Amdt.
107-5, 54 FR 28765, July 7, 1989)
14 CFR 107.11 Amendment of security program by FAA.
(a) The Administrator or Director of Civil Aviation Security may
amend an approved security program for an airport, if it is determined
that safety and the public interest require the amendment.
(b) Except in an emergency as provided in paragraph (f) of this
section, when the Administrator or the Director of Civil Aviation
Security proposes to amend a security program, a notice of the proposed
amendment is issued to the airport operator, in writing, fixing a period
of not less than 30 days within which the airport operator may submit
written information, views, and arguments on the amendment. After
considering all relevant material, including that submitted by the
airport operator, the Administrator or the Director of Civil Aviation
Security either rescinds the noticeor notifies the airport operator in
writing of any amendment adopted, specifying an effective date not less
than 30 days after receipt of the notice of amendment by the airport
operator.
(c) After receipt of a notice of amendment from a Director of Civil
Aviation Security, the airport operator may petition the Administrator
to reconsider the amendment. A petition for reconsideration must be
filed with the Director of Civil Aviation Security. Except in an
emergency as provided in paragraph (f) of this section, a petition for
reconsideration stays the amendment until the Administrator takes final
action on the petition.
(d) Upon receipt of a petition for reconsideration, the Director of
Civil Aviation Security reconsiders the amendment and either rescinds or
modifies the amendment or transmits the petition, together with any
pertinent information, to the Administrator for consideration.
(e) After review of a petition for reconsideration, the Administrator
disposes of the petition by directing the Director of Civil Aviation
Security to rescind the notice of amendment or to issue the amendment as
proposed or in modified form.
(f) If the Administrator or the Director of Civil Aviation Security
finds that there is an emergency requiring immediate action that makes
the procedure in paragraph (b) of this section impracticable or contrary
to the public interest, an amendment may be issued effective without
stay on the date the airport operator receives notice of it. In such a
case, the Administrator or the Director of Civil Aviation Security
incorporates in the notice of the amendment the finding, including a
brief statement of the reasons for the emergency and the need for
emergency action.
(Doc. No. 16245, 43 FR 60792, Dec. 28, 1978, as amended by Amdt.
107-5, 54 FR 28765, July 7, 1989)
14 CFR 107.13 Security of air operations area.
(a) Except as provided in paragraph (b) of this section, each
operator of an airport serving scheduled passenger operations where the
certificate holder or foreign air carrier is required to conduct
passenger screening under a program required by 108.5(a)(1) or
129.25(b)(1) of this chapter as appropriate shall use the procedures
included, and the facilities and equipment described, in its approved
security program, to perform the following control functions:
(1) Controlling access to each air operations area, including methods
for preventing the entry of unauthorized persons and ground vehicles.
(2) Controlling movement of persons and ground vehicles within each
air operations area, including, when appropriate, requirements for the
display of identification.
(3) Promptly detecting and taking action to control each penetration,
or attempted penetration, of an air operations area by a person whose
entry is not authorized in accordance with the security program.
(b) An airport operator need not comply with paragraph (a) of this
section with respect to an air carrier's exclusive area, if the airport
operator's security program contains --
(1) Procedures, and a description of the facilities and equipment,
used by the air carrier to perform the control functions described in
paragraph (a) of this section; and
(2) Procedures by which the air carrier will notify the airport
operator when its procedures, facilities, and equipment are not adequate
to perform the control functions described in paragraph (a) of this
section.
(Doc. No. 16245, 43 FR 60792, Dec. 28, 1978, as amended by Amdt.
107-1, 46 FR 3786, Jan. 15, 1981; Amdt. 107-2, 47 FR 13316, Mar. 29,
1982)
14 CFR 107.14 Access control system.
(a) Except as provided in paragraph (b) of this section, each
operator of an airport regularly serving scheduled passenger operations
conducted in airplanes having a passenger seating configuration (as
defined in 108.3 of this chapter) of more than 60 seats shall submit to
the Director of Civil Aviation Security, for approval and inclusion in
its approved security program, an amendment to provide for a system,
method, or procedure which meets the requirements specified in this
paragraph for controlling access to secured areas of the airport. The
system, method, or procedure shall ensure that only those persons
authorized to have access to secured areas by the airport operator's
security program are able to obtain that access and shall specifically
provide a means to ensure that such access is denied immediately at the
access point or points to individuals whose authority to have access
changes. The system, method, or procedure shall provide a means to
differentiate between persons authorized to have access to only a
particular portion of the secured areas and persons authorized to have
access only to other portions or to the entire secured area. The
system, method, or procedure shall be capable of limiting an
individual's access by time and date.
(b) The Director of Civil Aviation Security will approve an amendment
to an airport operator's security program that provides for the use of
an alternative system, method, or procedure if, in the Director's
judgment, the alternative would provide an overall level of security
equal to that which would be provided by the system, method, or
procedure described in paragraph (a) of this section.
(c) Each airport operator shall submit the amendment to its approved
security program required by paragraph (a) or (b) of this section
according to the following schedule:
(1) By August 8, 1989, or by 6 months after becoming subject to this
section, whichever is later, for airports where at least 25 million
persons are screened annually or airports that have been designated by
the Director of Civil Aviation Security. The amendment shall specify
that the system, method, or procedure must be fully operational within
18 months after the date on which an airport operator's amendment to its
approved security program is approved by the Director of Civil Aviation
Security.
(2) By August 8, 1989, or by 6 months after becoming subject to this
section, whichever is later, for airports where more than 2 million
persons are screened annually. The amendment shall specify that the
system, method, or procedure must be fully operational within 24 months
after the date on which an airport operator's amendment to its approved
security program is approved by the Director of Civil Aviation Security.
(3) By February 8, 1990, or by 12 months after becoming subject to
this section, whichever is later, for airports where at least 500,000
but not more than 2 million persons are screened annually. The
amendment shall specify that the system, method, or procedure must be
fully operational within 30 months after the date on which an airport
operator's amendment to its approved security program is approved by the
Director of Civil Aviation Security.
(4) By February 8, 1990, or by 12 months after becoming subject to
this section, whichever is later, for airports where less than 500,000
persons are screened annually. The amendment shall specify that the
system, method, or procedure must be fully operational within 30 months
after the date on which an airport operator's amendment to its approved
security program is approved by the Director of Civil Aviation Security.
(d) Notwithstanding paragraph (c) of this section, an airport
operator of a newly constructed airport commencing initial operation
after December 31, 1990, as an airport subject to paragraph (a) of this
section, shall include as part of its original airport security program
to be submitted to the FAA for approval a fully operational system,
method, or procedure in accordance with this section.
(Doc. No. 25568, 54 FR 588, Jan. 6, 1989)
14 CFR 107.15 Law enforcement support.
(a) Each airport operator shall provide law enforcement officers in
the number and in a manner adequate to support --
(1) Its security program; and
(2) Each passenger screening system required by part 108 or 129.25
of this chapter.
(b) For scheduled or public charter passenger operations with
airplanes having a passenger seating configuration (as defined in 108.3
of this chapter) of more than 30 but less than 61 seats for which a
passenger screening system is not required, each airport operator shall
ensure that law enforcement officers are available and committed to
respond to an incident at the request of a certificate holder or foreign
air carrier and shall ensure that the request procedures are provided to
the certificate holder or foreign air carrier.
(Amdt. 107-1, 46 FR 3786, Jan. 15, 1981)
14 CFR 107.17 Law enforcement officers.
(a) No airport operator may use, or arrange for response by, any
person as a required law enforcement officer unless, while on duty on
the airport, the officer --
(1) Has the arrest, authority described in paragraph (b) of this
section;
(2) Is readily identifiable by uniform and displays or carries a
badge or other indicia of authority;
(3) Is armed with a firearm and authorized to use it; and
(4) Has completed a training program that meets the requirements in
paragraph (c) of this section.
(b) The law enforcement officer must, while on duty on the airport,
have the authority to arrest, with or without a warrant, for the
following violations of the criminal laws of the State and local
jurisdictions in which the airport is located:
(1) A crime committed in the officer's presence.
(2) A felony, when the officer has reason to believe that the suspect
has committed it.
(c) The training program required by paragraph (a)(4) of this section
must provide training in the subjects specified in paragraph (d) of this
section and either --
(1) Meet the training standards, if any, prescribed by either the
State or the local jurisdiction in which the airport is located, for law
enforcement officers performing comparable functions; or
(2) If the State and local jurisdictions in which the airport is
located do not prescribe training standards for officers performing
comparable functions, be acceptable to the Administrator.
(d) The training program required by paragraph (a)(4) of this section
must include training in --
(1) The use of firearms;
(2) The courteous and efficient treatment of persons subject to
inspection, detention, search, arrest, and other aviation security
activities;
(3) The responsibilities of a law enforcement officer under the
airport operator's approved security program; and
(4) Any other subject the Administrator determines is necessary.
(Doc. No. 16245, 43 FR 60792, Dec. 28, 1978, as amended by Amdt.
107-1, 46 FR 3786, Jan. 15, 1981)
14 CFR 107.19 Use of Federal law enforcement officers.
(a) Whenever State, local, and private law enforcement officers who
meet the requirements of 107.17 are not available in sufficient numbers
to meet the requirements of 107.15, the airport operator may request
that the Administrator authorize it to use Federal law enforcement
officers.
(b) Each request for the use of Federal law enforcement officers must
be accompanied by the following information:
(1) The number of passengers enplaned at the airport during the
preceding calendar year and the current calendar year as of the date of
the request.
(2) The anticipated risk of criminal violence and aircraft piracy at
the airport and to the air carrier aircraft operations at the airport.
(3) A copy of that portion of the airport operator's security program
which describes the law enforcement support necessary to comply with
107.15.
(4) The availability of State, local, and private law enforcement
officers who meet the requirements of 107.17, including a description
of the airport operator's efforts to obtain law enforcement support from
State, local, and private agencies and the responses of those agencies.
(5) The airport operator's estimate of the number of Federal law
enforcement officers needed to supplement available officers and the
period of time for which they are needed.
(6) A statement acknowledging responsibility for providing
reimbursement for the cost of providing Federal law enforcement
officers.
(7) Any other information the Administrator considers necessary.
(c) In response to a request submitted in accordance with this
section, the Administrator may authorize, on a reimbursable basis, the
use of law enforcement officers employed by the FAA or by any other
Federal agency, with the consent of the head of that agency.
(Doc. No. 16245, 43 FR 60792, Dec. 28, 1978)
14 CFR 107.20 Submission to screening.
No person may enter a sterile area without submitting to the
screening of his or her person and property in accordance with the
procedures being applied to control access to that area under 108.9 or
129.25 of this chapter.
(Doc. No. 24883, Amdt. 107-3, 51 FR 1352, Jan. 10, 1986)
14 CFR 107.21 Carriage of an explosive, incendiary, or deadly or
dangerous weapon.
(a) Except as provided in paragraph (b) of this section, no person
may have an explosive, incendiary, or deadly or dangerous weapon on or
about the individual's person or accessible property --
(1) When performance has begun of the inspection of the individual's
person or accessible property before entering a sterile area; and
(2) When entering or in a sterile area.
(b) The provisions of this section with respect to firearms do not
apply to the following:
(1) Law enforcement officers required to carry a firearm by this part
while on duty on the airport.
(2) Persons authorized to carry a firearm in accordance with 108.11
or 129.27.
(3) Persons authorized to carry a firearm in a sterile area under an
approved security program or a security program used in accordance with
129.25.
(Doc. No. 16245, 43 FR 60792, Dec. 28, 1978, as amended by Amdt.
107-3, 51 FR 1352, Jan. 10, 1986)
14 CFR 107.23 Records.
(a) Each airport operator shall ensure that --
(1) A record is made of each law enforcement action taken in
furtherance of this part;
(2) The record is maintained for a minimum of 90 days; and
(3) It is made available to the administrator upon request.
(b) Data developed in response to paragraph (a) of this section must
include at least the following:
(1) The number and type of firearms, explosives, and incendiaries
discovered during any passenger screening process, and the method of
detection of each.
(2) The number of acts and attempted acts of air piracy.
(3) The number of bomb threats received, real and simulated bombs
found, and actual bombings on the airport.
(4) The number of detentions and arrests, and the immediate
disposition of each person detained or arrested.
(Doc. No. 16245, 43 FR 60792, Dec. 28, 1978, as amended by Amdt.
107-3, 51 FR 1352, Jan. 10, 1986)
14 CFR 107.25 Airport identification media.
(a) As used in this section, ''security identification display area''
means any area identified in the airport security program as requiring
each person to continuously display on their outermost garment, an
airport-approved identification medium unless under airport-approved
escort.
(b) After January 1, 1992, an airport operator may not issue to any
person any identification media that provides unescorted access to any
security identification display area unless the person has successfully
completed training in accordance with an FAA-approved curriculum
specified in the security program.
(c) By October 1, 1992, not less than 50 percent of all individuals
possessing airport-issued identification that provides unescorted access
to any security identification display area at that airport shall have
been trained in accordance with an FAA-approved curriculum specified in
the security program.
(d) After May 1, 1993, an airport operator may not permit any person
to possess any airport-issued identification medium that provides
unescorted access to any security identification display area at that
airport unless the person has successfully completed FAA-approved
training in accordance with a curriculum specified in the security
program.
(e) The curriculum specified in the security program shall detail the
methods of instruction, provide attendees the opportunity to ask
questions, and include at least the following topics:
(1) Control, use, and display of airport-approved identification or
access media;
(2) Challenge procedures and the law enforcement response which
supports the challenge procedure;
(3) Restrictions on divulging information concerning an act of
unlawful interference with civil aviation if such information is likely
to jeopardize the safety of domestic or international aviation;
(4) Non-disclosure of information regarding the airport security
system or any airport tenant's security systems; and
(5) Any other topics deemed necessary by the Assistant Administrator
for Civil Aviation Security.
(f) No person may use any airport-approved identification medium that
provides unescorted access to any security identification display area
to gain such access unless that medium was issued to that person by the
appropriate airport authority or other entity whose identification is
approved by the airport operator.
(g) The airport operator shall maintain a record of all training
given to each person under this section until 180 days after the
termination of that person's unescorted access privileges.
(Doc. No. 26522, 56 FR 41424, Aug. 20, 1991)
14 CFR 107.27 Evidence of compliance.
On request of the Assistant Administrator for Civil Aviation
Security, each airport operator shall provide evidence of compliance
with this part and its approved security program.
(Doc. No. 26522, 56 FR 41424, Aug. 20, 1991)
14 CFR 107.29 Airport Security Coordinator.
Each airport operator shall designate an Airport Security Coordinator
(ASC) in its security program. The designation shall include the name
of the ASC, and a description of the means by which to contact the ASC
on a 24-hour basis. The ASC shall serve as the airport operator's
primary contact for security-related activities and communications with
FAA, as set forth in the security program.
(Doc. No. 26522, 56 FR 41425, Aug. 20, 1991)
14 CFR 107.29 PART 108 -- AIRPLANE OPERATOR SECURITY
Sec.
108.1 Applicability.
108.3 Definitions.
108.5 Security program: Adoption and implementation.
108.7 Security program: Form, content, and availability.
108.9 Screening of passengers and property.
108.10 Prevention and management of hijackings and sabotage attempts.
108.11 Carriage of weapons.
108.13 Security of airplanes and facilities.
108.14 Transportation of Federal Air Marshals.
108.15 Law enforcement officers.
108.17 Use of X-ray systems.
108.18 Security Directives and Information Circulars.
14 CFR 108.19 Security threats and procedures.
14 CFR 108.20 Use of Explosives Detection Systems.
10820 Use of Explosives Detection Systems
14 CFR 108.21 Carriage of passengers under the control of armed law enforcement escorts.
108.23 Training.
108.25 Approval of security programs and amendments.
108.27 Evidence of compliance.
108.29 Standards for security oversight.
108.31 Employment standards for screening personnel.
Authority: 49 U.S.C. App. 1354, 1356, 1357, 1421, 1424, and 1511; 49 U.S.C. 106(g); Sec. 101 et seq., Pub. L. 101-604, 104 Stat. 3066.
Source: Docket No. 108, 46 FR 3786, Jan. 15, 1981, unless otherwise noted.
14 CFR 108.1 Applicability.
(a) This part prescribes aviation security rules governing --
(1) The operations of holders of FAA air carrier operating
certificates or operating certificates engaging in scheduled passenger
operations or public charter passenger operations;
(2) Each person aboard an airplane operated by a certificate holder
described in paragraph (a)(1) of this section; and
(3) Each person on an airport at which the operations described in
paragraph (a)(1) of this section are conducted.
(4) Each certificate holder who receives a Security Directive or
Information Circular and each person who receives information from a
Security Directive or an Information Circular issued by the Director of
Civil Aviation Security.
(b) This part does not apply to helicopter or to all-cargo
operations.
(Doc. No. 24883, Amdt. 108-4, 51 FR 1352, Jan. 10, 1986, as amended
by Amdt. 108-6, 54 FR 28984, July 10, 1989)
14 CFR 108.3 Definitions.
The following are definitions of terms used in this part: (a)
Certificate holder means a person holding an FAA operating certificate
when that person engages in scheduled passenger or public charter
passenger operations or both.
(b) Passenger seating configuration means the total number of seats
for which the aircraft is type certificated that can be made available
for passenger use aboard a flight and includes that seat in certain
airplanes which may be used by a representative of the Administrator to
conduct flight checks but is available for revenue purposes on other
occasions.
(c) Private charter means any charter for which the charterer engages
the total capacity of an airplane for the carriage of: (1) Passengers
in civil or military air movements conducted under contract with the
Government of the United States of the Government of a foreign country;
or
(2) Passengers invited by the charterer, the cost of which is borne
entirely by the charterer and not directly or indirectly by the
individual passengers.
(d) Public charter means any charter that is not a private charter.
(e) Scheduled passenger operations means holding out to the public of
air transportation service for passengers from identified air terminals
at a set time announced by timetable or schedule published in a
newspaper, magazine, or other advertising medium.
(f) Sterile area means an area to which access is controlled by the
inspection of persons and property in accordance with an approved
security program or a security program used in accordance with 129.25.
14 CFR 108.5 Security program: Adoption and implementation.
(a) Each certificate holder shall adopt and carry out a security
program that meets the requirements of 108.7 for each of the following
scheduled or public charter passenger operations: (1) Each operation
with an airplane having a passenger seating configuration of more than
60 seats.
(2) Each operation that provides deplaned passengers access, that is
not otherwise controlled by a certificate holder using an approved
security program or a foreign air carrier using a security program
required by 129.25, to a sterile area.
(3) Each operation with an airplane having a passenger seating
configuration of more than 30 but less than 61 seats; except that those
parts of the program effecting compliance with the requirements listed
in 108.7(b) (1), (2), and (4) need only be implemented when the
Director of Civil Aviation Security or a designate of the Director
notifies the certificate holder in writing that a security threat exists
with respect to the operation.
(b) Each certificate holder that has obtained FAA approval for a
security program for operations not listed in paragraph (a) of this
section shall carry out the provisions of that program.
14 CFR 108.7 Security program: Form, content, and availability.
(a) Each security program required by 108.5 shall --
(1) Provide for the safety of persons and property traveling in air
transportation and intrastate air transportation against acts of
criminal violence and air piracy;
(2) Be in writing and signed by the certificate holder or any person
delegated authority in this matter;
(3) Include the items listed in paragraph (b) of this section, as
required by 108.5; and
(4) Be approved by the Administrator.
(b) Each security program required by 108.5 must include the
following, as required by that section:
(1) The procedures and a description of the facilities and equipment
used to perform the screening functions specified in 108.9.
(2) The procedures and a description of the facilities and equipment
used to perform the airplane and facilities control functions specified
in 108.13.
(3) The procedures used to comply with the applicable requirements of
108.15 regarding law enforcement officers.
(4) The procedures used to comply with the requirements of 108.17
regarding the use of X-ray systems.
(5) The procedures used to comply with the requirements of 108.19
regarding bomb and air piracy threats.
(6) The procedures used to comply with the applicable requirements of
108.10.
(7) The curriculum used to accomplish the training required by
108.23.
(8) The procedures and a description of the facilities and equipment
used to comply with the requirements of 108.20 regarding explosives
detection systems.
(c) Each certificate holder having an approved security program shall
--
(1) Maintain at least one complete copy of the approved security
program at its principal business office;
(2) Maintain a complete copy or the pertinent portions of its
approved security program or appropriate implementing instructions at
each airport where security screening is being conducted;
(3) Make these documents available for inspection upon request of any
Civil Aviation Security Inspector;
(4) Restrict the availability of information contained in the
security program to those persons with an operational need-to-know; and
(5) Refer requests for such information by other persons to the
Director of Civil Aviation Security of the FAA.
(Doc. No. 108, 46 FR 3786, Jan. 15, 1981, as amended by Amdt. 108-3,
50 FR 28893, July 16, 1985; Amdt. 108-7, 54 FR 36946, Sept. 5, 1989)
14 CFR 108.9 Screening of passengers and property.
(a) Each certificate holder required to conduct screening under a
security program shall use the procedures included, and the facilities
and equipment described, in its approved security program to prevent or
deter the carriage aboard airplanes of any explosive, incendiary, or a
deadly or dangerous weapon on or about each individual's person or
accessible property, and the carriage of any explosive or incendiary in
checked baggage.
(b) Each certificate holder required to conduct screening under a
security program shall refuse to transport --
(1) Any person who does not consent to a search of his or her person
in accordance with the screening system prescribed in paragraph (a) of
this section; and
(2) Any property of any person who does not consent to a search or
inspection of that property in accordance with the screening system
prescribed by paragraph (a) of this section.
(c) Except as provided by its approved security program, each
certificate holder required to conduct screening under a security
program shall use the procedures included, and the facilities and
equipment described, in its approved security program for detecting
explosives, incendiaries, and deadly or dangerous weapons to inspect
each person entering a sterile area at each preboarding screening
checkpoint in the United States for which it is responsible, and to
inspect all accessible property under that person's control.
(d) Each certificate holder shall staff its security screening
checkpoints with supervisory and non-supervisory personnel in accordance
with the standards specified in its security program.
(Doc. No. 108, 46 FR 3786, Jan. 15, 1981, as amended by Amdt. 108-4,
51 FR 1352, Jan. 10, 1986; Amdt. 108-5, 52 FR 48509, Dec. 22, 1987;
Amdt. 108-10, 56 FR 41425, Aug. 20, 1991)
14 CFR 108.10 Prevention and management of hijackings and sabotage
attempts.
(a) Each certificate holder shall --
(1) Provide and use a Security Coordinator on the ground and in
flight for each international and domestic flight, as required by its
approved security program; and
(2) Designate the pilot in command as the inflight Security
Coordinator for each flight, as required by its approved security
program.
(b) Ground Security Coordinator. Each ground Security Coordinator
shall carry out the ground Security Coordinator duties specified in the
certificate holder's approved security program.
(c) Inflight Security Coordinator. The pilot in command of each
flight shall carry out the inflight Security Coordinator duties
specified in the certificate holder's approved security program.
(Doc. No. 24719, 50 FR 28893, July 16, 1985)
14 CFR 108.11 Carriage of weapons.
(a) No certificate holder required to conduct screening under a
security program may permit any person to have, nor may any person have,
on or about his or her person or property, a deadly or dangerous weapon,
either concealed or unconcealed, accessible to him or her while aboard
an airplane for which screening is required unless:
(1) The person having the weapon is --
(i) An official or employee of the United States, or a State or
political subdivision of a State, or of a municipality who is authorized
by his or her agency to have the weapon; or
(ii) Authorized to have the weapon by the certificate holder and the
Administrator and has successfully completed a course of training in the
use of firearms acceptable to the Administrator.
(2) The person having the weapon needs to have the weapon accessible
in connection with the performance of his or her duty from the time he
or she would otherwise check it in accordance with paragraph (d) of this
section until the time it would be returned after deplaning.
(3) The certificate holder is notified --
(i) Of the flight on which the armed person intends to have the
weapon accessible to him or her at least 1 hour, or in an emergency as
soon as practicable, before departure; and
(ii) When the armed person is other than an employee or official of
the United States, that there is a need for the weapon to be accessible
to the armed person in connection with the performance of that person's
duty from the time he or she would otherwise check it in accordance with
paragraph (d) of this section until the time it would be returned to him
or her after deplaning.
(4) The armed person identifies himself or herself to the certificate
holder by presenting credentials that include his or her clear,
full-face picture, his or her signature, and the signature of the
authorizing official of his or her service or the official seal of his
or her service. A badge, shield, or similar may not be used as the sole
means of identification.
(5) The certificate holder --
(i) Ensures that the armed person is familiar with its procedures for
carrying a deadly or dangerous weapon aboard its airplane before the
time the person boards the airplane;
(ii) Ensures that the identity of the armed person is known to each
law enforcement officer and each employee of the certificate holder
responsible for security during the boarding of the airplane; and
(iii) Notifies the pilot in command, other appropriate crewmembers,
and any other person authorized to have a weapon accessible to him or
her aboard the airplane of the location of each authorized armed person
aboard the airplane.
(b) No person may, while on board an airplane operated by a
certificate holder for which screening is not conducted, carry on or
about that person a deadly or dangerous weapon, either concealed or
unconcealed. This paragraph does not apply to --
(1) Officials or employees of a municipality or a State, or of the
United States, who are authorized to carry arms; or
(2) Crewmembers and other persons authorized by the certificate
holder to carry arms.
(c) No certificate holder may knowingly permit any person to
transport, nor may any person transport or tender for transport, any
explosive, incendiary or a loaded firearm in checked baggage aboard an
airplane. For the purpose of this section, a loaded firearm means a
firearm which has a live round of ammunition, cartridge, detonator, or
powder in the chamber or in a clip, magazine, or cylinder inserted in
it.
(d) No certificate holder may knowingly permit any person to
transport, nor may any person transport or tender for transport, any
unloaded firearm in checked baggage aboard an airplane unless --
(1) The passenger declares to the certificate holder, either orally
or in writing before checking the baggage, that any firearm carried in
the baggage is unloaded;
(2) The firearm is carried in a container the certificate holder
considers appropriate for air transportation;
(3) When the firearm is other than a shotgun, rifle, or other firearm
normally fired from the shoulder position, the baggage in which it is
carried is locked, and only the passenger checking the baggage retains
the key or combination; and
(4) The baggage containing the firearm is carried in an area, other
than the flightcrew compartment, that is inaccessible to passengers.
(e) No certificate holder may serve any alcoholic beverage to a
person having a deadly or dangerous weapon accessible to him or her nor
may such person drink any alcoholic beverage while aboard an airplane
operated by the certificate holder.
(f) Paragraphs (a), (b), and (d) of this section do not apply to the
carriage of firearms aboard air carrier flights conducted for the
military forces of the Government of the United States when the total
cabin load of the airplane is under exclusive use by those military
forces if the following conditions are met:
(1) No firearm is loaded and all bolts to such firearms are locked in
the open position; and
(2) The certificate holder is notified by the unit commander or
officer in charge of the flight before boarding that weapons will be
carried aboard the aircraft.
(Doc. No. 108, 46 FR 3786, Jan. 15, 1981, as amended by Amdt. 108-4,
51 FR 1352, Jan. 10, 1986)
14 CFR 108.13 Security of airplanes and facilities.
Each certificate holder required to conduct screening under a
security program shall use the procedures included, and the facilities
and equipment described, in its approved security program to perform the
following control functions with respect to each airplane operation for
which screening is required:
(a) Prohibit unauthorized access to the airplane.
(b) Ensure that baggage carried in the airplane is checked in by a
responsible agent and that identification is obtained from persons,
other than known shippers, shipping goods or cargo aboard the airplane.
(c) Ensure that cargo and checked baggage carried aboard the airplane
is handled in a manner that prohibits unauthorized access.
(d) Conduct a security inspection of the airplane before placing it
in service and after it has been left unattended.
14 CFR 108.14 Transportation of Federal Air Marshals.
(a) Each certificate holder shall carry Federal Air Marshals, in the
number and manner specified by the Administrator, on each scheduled and
public charter passenger operation designated by the Administrator.
(b) Each Federal Air Marshal shall be carried on a first priority
basis and without charge while on official duty, including repositioning
flights.
(c) Each certificate holder shall assign the specific seat requested
by a Federal Air Marshal who is on official duty.
(Doc. No. 24714, 50 FR 27925, July 8, 1985)
14 CFR 108.15 Law enforcement officers.
(a) At airports within the United States not governed by part 107 of
this chapter, each certificate holder engaging in scheduled passenger or
public charter passenger operations shall --
(1) If security screening is required for a public charter operation
by 108.5(a), or for a scheduled passenger operation by 108.5(b)
provide for law enforcement officers meeting the qualifications and
standards, and in the number and manner specified, in part 107; and
(2) When using airplanes with a passenger seating configuration of 31
through 60 seats in a public charter operation for which screening is
not required, arrange for law enforcement officers meeting the
qualifications and standards specified in part 107 to be available to
respond to an incident, and provide to its employees, including
crewmembers, as appropriate, current information with respect to
procedures for obtaining law enforcement assistance at that airport.
(b) At airports governed by part 107 of this chapter, each
certificate holder engaging in scheduled or public charter passenger
operations, when using airplanes with a passenger seating configuration
of 31 through 60 seats for which screening is not required, shall
arrange for law enforcement officers meeting the qualifications and
standards specified in part 107 to be available to respond to an
incident and provide its employees, including crewmembers, as
appropriate, current information with respect to procedures for
obtaining this law enforcement assistance at that airport.
14 CFR 108.17 Use of X-ray systems.
(a) No certificate holder may use an X-ray system within the United
States to inspect carry-on or checked articles unless specifically
authorized under a security program required by 108.5 of this part or
use such a system contrary to its approved security program. The
Administrator authorizes certificate holders to use X-ray systems for
inspecting carry-on or checked articles under an approved security
program if the certificate holder shows that --
(1) For a system manufactured before April 25, 1974, it meets either
the guidelines issued by the Food and Drug Administration (FDA),
Department of Health, Education, and Welfare (HEW) and published in the
Federal Register (38 FR 21442, August 8, 1973); or the performance
standards for cabinet X-ray systems designed primarily for the
inspection of carry-on baggage issued by the FDA and published in 21 CFR
1020.40 (39 FR 12985, April 10, 1974);
(2) For a system manufactured after April 24, 1974, it meets the
standards for cabinet X-ray systems designed primarily for the
inspection of carry-on baggage issued by the FDA and published in 21 CFR
1020.40 (39 FR 12985, April 10, 1974);
(3) A program for initial and recurrent training of operators of the
system is established, which includes training in radiation safety, the
efficient use of X-ray systems, and the identification of weapons and
other dangerous articles;
(4) Procedures are established to ensure that each operator of the
system is provided with an individual personnel dosimeter (such as a
film badge or thermoluminescent dosimeter). Each dosimeter used shall
be evaluated at the end of each calendar month, and records of operator
duty time and the results of dosimeter evaluations shall be maintained
by the certificate holder; and
(5) The system meets the imaging requirements set forth in an
approved Air Carrier Security Program using the step wedge specified in
American Society for Testing and Materials Standard F792-82.
(b) No certificate holder may use an X-ray system within the United
States unless within the preceding 12 calendar months a radiation survey
has been conducted which shows that the system meets the applicable
performance standards in 21 CFR 1020.40 or guidelines published by the
FDA in the Federal Register of August 8, 1973 (38 FR 21442).
(c) No certificate holder may use an X-ray system after the system is
initially installed or after it has been moved from one location to
another, unless a radiation survey is conducted which shows that the
system meets the applicable performance standards in 21 CFR 1020.40 or
guidelines published by the FDA in the Federal Register of August 8,
1973 (38 FR 21442) except that a radiation survey is not required for an
X-ray system that is moved to another location if the certificate holder
shows that the system is so designed that it can be moved without
altering its performance.
(d) No certificate holder may use an X-ray system that is not in full
compliance with any defect notice or modification order issued for that
system by the FDA, unless that Administration has advised the FAA that
the defect or failure to comply does not create a significant risk or
injury, including genetic injury, to any person.
(e) No certificate holder may use an X-ray system to inspect carry-on
or checked articles unless a sign is posted in a conspicuous place at
the screening station and on the X-ray system which notifies passengers
that such items are being inspected by an X-ray and advises them to
remove all X-ray, scientific, and high-speed film from carry-on and
checked articles before inspection. This sign shall also advise
passengers that they may request that an inspection be made of their
photographic equipment and film packages without exposure to an X-ray
system. If the X-ray system exposes any carry-on or checked articles to
more than 1 milliroentgen during the inspection, the certificate holder
shall post a sign which advises passengers to remove film of all kinds
from their articles before inspection. If requested by passengers,
their photographic equipment and film packages shall be inspected
without exposure to an X-ray system.
(f) Each certificate holder shall maintain at least one copy of the
results of the most recent radiation survey conducted under paragraph
(b) or (c) of this section and shall make it available for inspection
upon request by the Administrator at each of the following locations:
(1) The certificate holder's principal business office; and
(2) The place where the X-ray system is in operation.
(g) The American Society for Testing and Materials Standard F792-82,
''Design and Use of Ionizing Radiation Equipment for the Detection of
Items Prohibited in Controlled Access Areas,'' described in this section
is incorporated by reference herein and made a part hereof pursuant to 5
U.S.C. 552(a)(1). All persons affected by these amendments may obtain
copies of the standard from the American Society for testing and
Materials, 1916 Race Street, Philadelphia, PA 19103. In addition, a
copy of the standard may be examined at the FAA Rules Docket, Docket No.
24115, 800 Independence Avenue, SW., Washington, DC, weekdays, except
Federal holidays, between 8:30 a.m. and 5 p.m.
(h) Each certificate holder shall comply with X-ray operator duty
time limitations specified in its security program.
(Doc. No. 108, 46 FR 3786, Jan. 15, 1981, as amended by Amdt. 108-1,
50 FR 25656, June 20, 1985; Amdt. 108-10, 56 FR 41425, Aug. 20, 1991;
Amdt. 108-11, 56 FR 48373, Sept. 24, 1991)
14 CFR 108.18 Security Directives and Information Circulars.
(a) Each certificate holder required to have an approved security
program for passenger operations shall comply with each Security
Directive issued to the certificate holder by the Director of Civil
Aviation Security, or by any person to whom the Director has delegated
the authority to issue Security Directives, within the time prescribed
in the Security Directive for compliance.
(b) Each certificate holder who receives a Security Directive shall
--
(1) Not later than 24 hours after delivery by the FAA or within the
time prescribed in the Security Directive, acknowledge receipt of the
Security Directive;
(2) Not later than 72 hours after delivery by the FAA or within the
time prescribed in the Security Directive, specify the method by which
the certificate holder has implemented the measures in the Security
Directive; and
(3) Ensure that information regarding the Security Directive and
measures implemented in response to the Security Directive are
distributed to specified personnel as prescribed in the Security
Directive and to other personnel with an operational need to know.
(c) In the event that the certificate holder is unable to implement
the measures contained in the Security Directive, the certificate holder
shall submit proposed alternative measures, and the basis for submitting
the alternative measures, to the Director of Civil Aviation Security for
approval. The certificate holder shall submit proposed alternative
measures within the time prescribed in the Security Directive. The
certificate holder shall implement any alternative measures approved by
the Director of Civil Aviation Security.
(d) Each certificate holder who receives a Security Directive or
Information Circular and each person who receives information from a
Security Directive or Information Circular shall --
(1) Restrict the availability of the Security Directive or
Information Circular and information contained in the Security Directive
or the Information Circular to those persons with an operational need to
know; and
(2) Refuse to release the Security Directive or Information Circular
and information regarding the Security Directive or Information Circular
to persons other than those with an operational need to know without the
prior written consent of the Director of Civil Aviation Security.
(Approved by the Office of Management and Budget under control number
2120-0098)
(Doc. No. 25953, 54 FR 28984, July 10, 1989)
14 CFR 108.19 Security threats and procedures.
(a) Upon receipt of a specific and credible threat to the security of
a flight, the certificate holder shall --
(1) Immediately notify the ground and in-flight security coordinators
of the threat, any evaluation thereof, and any countermeasures to be
applied; and
(2) Ensure that the in-flight security coordinator notifies the
flight and cabin crewmembers of the threat, any evaluation thereof, and
any countermeasures to be applied.
(b) Upon receipt of a bomb threat against a specific airplane, each
certificate holder shall attempt to determine whether or not any
explosive or incendiary is aboard the airplane involved by doing the
following:
(1) Conducting a security inspection on the ground before the next
flight or, if the airplane is in flight, immediately after its next
landing.
(2) If the airplane is being operated on the ground, advising the
pilot in command to immediately submit the airplane for a security
inspection.
(3) If the airplane is in flight, immediately advising the pilot in
command of all pertinent information available so that necessary
emergency action can be taken.
(c) Immediately upon receiving information that an act or suspected
act of air piracy has been committed, the certificate holder shall
notify the Administrator. If the airplane is in airspace under other
than United States jurisdiction, the certificate holder shall also
notify the appropriate authorities of the State in whose territory the
airplane is located and, if the airplane is in flight, the appropriate
authorities of the State in whose territory the airplane is to land.
Notification of the appropriate air traffic controlling authority is
sufficient action to meet this requirement.
(Doc. No. 108, 46 FR 3786, Jan. 15, 1981, as amended by Amdt. 108-4,
51 FR 1352, Jan. 10, 1986; Amdt.108-9, 56 FR 27869, June 17, 1991)
14 CFR 108.20 Use of Explosives Detection Systems.
When the Administrator shall require by amendment under 108.25, each
certificate holder required to conduct screening under a security
program shall use an explosive detection system that has been approved
by the Administrator to screen checked baggage on international flights
in accordance with the certificate holder's security program.
(Doc. No. 25956, 54 FR 36946, Sept. 5, 1989)
14 CFR 108.21 Carriage of passengers under the control of armed law
enforcement escorts.
(a) Except as provided in paragraph (e) of this section, no
certificate holder required to conduct screening under a security
program may carry a passenger in the custody of an armed law enforcement
escort aboard an airplane for which screening is required unless --
(1) The armed law enforcement escort is an official or employee of
the United States, of a State or political subdivision of a State, or a
municipality who is required by appropriate authority to maintain
custody and control over an individual aboard an airplane;
(2) The certificate holder is notified by the responsible government
entity at least 1 hour, or in case of emergency as soon as possible,
before departure --
(i) Of the identity of the passenger to be carried and the flight on
which it is proposed to carry the passenger; and
(ii) Whether or not the passenger is considered to be in a maximum
risk category;
(3) If the passenger is considered to be in a maximum risk category,
that the passenger is under the control of at least two armed law
enforcement escorts and no other passengers are under the control of
those two law enforcement escorts;
(4) No more than one passenger who the certificate holder has been
notified is in a maximum risk category is carried on the airplane;
(5) If the passenger is not considered to be in a maximum risk
category, the passenger is under the control of at least one armed law
enforcement escort, and no more than two of these persons are carried
under the control of any one law enforcement escort;
(6) The certificate holder is assured, prior to departure, by each
law enforcement escort that --
(i) The officer is equipped with adequate restraining devices to be
used in the event restraint of any passenger under the control of the
escort becomes necessary; and
(ii) Each passenger under the control of the escort has been searched
and does not have on or about his or her person or property anything
that can be used as a deadly or dangerous weapon;
(7) Each passenger under the control of a law enforcement escort is
--
(i) Boarded before any other passengers when boarding at the airport
where the flight originates and deplaned at the destination after all
other deplaning passengers have deplaned;
(ii) Seated in the rear-most passenger seat when boarding at the
airport where the flight originates; and
(iii) Seated in a seat that is neither located in any lounge area nor
located next to or directly across from any exit; and
(8) A law enforcement escort having control of a passenger is seated
between the passenger and any aisle.
(b) No certificate holder operating an airplane under paragraph (a)
of this section may --
(1) Serve food beverage or provide metal eating utensils to a
passenger under the control of a law enforcement escort while aboard the
airplane unless authorized to do so by the law enforcement escort.
(2) Serve a law enforcement escort or the passenger under the control
of the escort any alcoholic beverages while aboard the airplane.
(c) Each law enforcement escort carried under the provisions of
paragraph (a) of this section shall, at all times, accompany the
passenger under the control of the escort and keep the passenger under
surveillance while aboard the airplane.
(d) No law enforcement escort carried under paragraph (b) of this
section or any passenger under the control of the escort may drink
alcoholic beverages while aboard the airplane.
(e) This section does not apply to the carriage of passengers under
voluntary protective escort.
14 CFR 108.23 Training.
(a) No certificate holder may use any person as a Security
Coordinator unless, within the preceding 12 calendar months, that person
has satisfactorily completed the security training as specified in the
certificate holder's approved security program.
(b) No certificate holder may use any person as a crewmember on any
domestic or international flight unless within the preceding 12 calendar
months or within the time period specified in an Advanced Qualification
Program approved under SFAR 58 that person has satisfactorily completed
the security training required by 121.417(b)(3)(v) or 135.331(b)(3)(v)
of this chapter and as specified in the certificate holder's approved
security program. With respect to training conducted under 121.417 or
135.331, whenever a crewmember who is required to take recurrent
training completes the training in the calendar month before or the
calendar month after the calendar month in which that training is
required, he is considered to have completed the training in the
calendar month in which it was required.
(Doc. No. 24719, 50 FR 28893, July 16, 1985, as amended by Amdt.
108-8, 55 FR 40275, Oct. 2, 1990)
14 CFR 108.25 Approval of security programs and amendments.
(a) Unless otherwise authorized by the Administrator, each
certificate holder required to have a security program for a passenger
operation shall submit its proposed security program to the
Administrator for approval at least 90 days before the date of the
intended passenger operations. Within 30 days after receiving the
program, the Administrator either approves the program or notifies the
certificate holder to modify the program to comply with the applicable
requirements of this part. The certificate holder may petition the
Administrator to reconsider the notice to modify within 30 days after
receiving the notice, and, except in the case of an emergency requiring
immediate action in the interest of safety, the filing of the petition
stays the notice pending a decision by the Administrator.
(b) The Administrator may amend an approved security program if it is
determined that safety and the public interest require the amendment, as
follows:
(1) The Administrator notifies the certificate holder, in writing, of
the proposed amendment, fixing a period of not less than 30 days within
which it may submit written information, views, and arguments on the
amendment.
(2) After considering all relevant material, the Administrator
notifies the certificate holder of any amendment adopted or rescinds the
notice. The amendment becomes effective not less than 30 days after the
certificate holder receives the notice, unless the certificate holder
petitions the Administrator to reconsider the amendment, in which case
the effective date is stayed by the Administrator.
(3) If the Administrator finds that there is an emergency requiring
immediate action with respect to safety in air transportation or in air
commerce that makes the procedure in this paragraph impracticable or
contrary to the public interest, the Administrator may issue an
amendment, effective without stay, on the date the certificate holder
receives notice of it. In such a case, the Administrator incorporates
the findings, and a brief statement of the reasons for it, in the notice
of the amendment to be adopted.
(c) A certificate holder may submit a request to the Administrator to
amend its program. The application must be filed with the Administrator
at least 30 days before the date it proposes for the amendment to become
effective, unless a shorter period is allowed by the Administrator.
Within 15 days after receiving a proposed amendment, the Administrator
either approves or denies the request. Within 30 days after receiving
from the Administrator a notice of refusal to approve the application
for amendment, the applicant may petition the Administrator to
reconsider the refusal to amend.
14 CFR 108.27 Evidence of compliance.
On request of the Administrator, each certificate holder shall
provide evidence of compliance with this part and its approved security
program.
(Doc. 24719, 50 FR 28894, July 16, 1985; 50 FR 35535, Aug. 30, 1985;
51 FR 44875, Dec. 12, 1986)
14 CFR 108.29 Standards for security oversight.
(a) Each certificate holder shall ensure that:
(1) Each person performing a security-related function for the
certificate holder has knowledge of the provisions of this part 108,
applicable Security Directives and Information Circulars promulgated
pursuant to 108.18, and the certificate holder's security program to
the extent that the performance of the function imposes a need to know.
(2) Daily, a Ground Security Coordinator at each airport:
(i) Reviews all security-related functions for effectiveness and
compliance with this part, the certificate holder's security program,
and applicable Security Directives; and
(ii) Immediately initiates corrective action for each instance of
noncompliance with this part, the certificate holder's security program,
and applicable Security Directives.
(b) The requirements prescribed in paragraph (a) of this section
apply to all security-related functions performed for the certificate
holder whether by a direct employee or a contractor employee.
(Doc. No. 26522, 56 FR 41425, Aug. 20, 1991)
14 CFR 108.31 Employment standards for screening personnel.
(a) No certificate holder shall use any person to perform any
screening function, unless that person has:
(1) A high school diploma, a General Equivalency Diploma, or a
combination of education and experience which the certificate holder has
determined to have equipped the person to perform the duties of the
position;
(2) Basic aptitudes and physical abilities including color
perception, visual and aural acuity, physical coordination, and motor
skills to the following standards:
(i) Screeners operating X-ray equipment must be able to distinguish
on the X-ray monitor the appropriate imaging standard specified in the
certificate holder's security program. Wherever the X-ray system
displays colors, the operator must be able to perceive each color;
(ii) Screeners operating any screening equipment must be able to
distinguish each color displayed on every type of screening equipment
and explain what each color signifies;
(iii) Screeners must be able to hear and respond to the spoken voice
and to audible alarms generated by screening equipment in an active
checkpoint environment;
(iv) Screeners performing physical searches or other related
operations must be able to efficiently and thoroughly manipulate and
handle such baggage, containers, and other objects subjects to security
processing; and
(v) Screeners who perform pat-downs or hand-held metal detector
searches of persons must have sufficient dexterity and capability to
conduct those procedures on all parts of the persons' bodies.
(3) The ability to read, speak, and write English well enough to:
(i) Carry out written and oral instructions regarding the proper
performance of screening duties;
(ii) Read English language identification media, credentials, airline
tickets, and labels on items normally encountered in the screening
process;
(iii) Provide direction to and understand and answer questions from
English-speaking persons undergoing screening; and
(iv) Write incident reports and statements and log entries into
security records in the English language.
(4) Satisfactorily completed all initial, recurrent, and appropriate
specialized training required by the certificate holder's security
program.
(b) Notwithstanding the provisions of paragraph (a)(4) of this
section, the certificate holder may use a person during the on-the-job
portion of training to perform security functions provided that the
person is closely supervised and does not make independent judgments as
to whether persons or property may enter a sterile area or aircraft
without further inspection.
(c) No certificate holder shall use a person to perform a screening
function after that person has failed an operational test related to
that function until that person has successfully completed the remedial
training specified in the certificate holder's security program.
(d) Each certificate holder shall ensure that a Ground Security
Coordinator conducts and documents an annual evaluation of each person
assigned screening duties and may continue that person's employment in a
screening capacity only upon the determination by that Ground Security
Coordinator that the person:
(1) Has not suffered a significant dimunition of any physical ability
required to perform a screening function since the last evaluation of
those abilities;
(2) Has a satisfactory record of performance and attention to duty;
and
(3) Demonstrates the current knowledge and skills necessary to
courteously, vigilantly, and effectively perform screening functions.
(e) Paragraphs (a) through (d) of this section do not apply to those
screening functions conducted outside the United States over which the
certificate holder does not have operational control.
(f) At locations outside the United States where the certificate
holder has operational control over a screening function, the
certificate holder may use screeners who do not meet the requirements of
paragraph (a)(3) of this section, provided that at least one
representative of the certificate holder who has the ability to
functionally read and speak English is present while the certificate
holder's passengers are undergoing security processing.
(Doc. No. 26522, 56 FR 41425, Aug. 20, 1991)
14 CFR 108.31 PART 109 -- INDIRECT AIR CARRIER SECURITY
Sec.
109.1 Applicability.
109.3 Security program.
109.5 Approval of security programs and amendments.
Authority: Secs. 313(a), 316, 601, 1005, Federal Aviation Act of
1958 (49 U.S.C 1354(a), 1357, 1421, and 1485); and sec. 6(c),
Department of Transportation Act (49 U.S.C 1655(c)).
14 CFR 109.1 Applicability.
(a) This part prescribes aviation security rules governing each air
carrier, including each air freight forwarder and each cooperative
shippers' association, engaged indirectly in air transportation of
property;
(b) For the purposes of this part, ''property'' means any package
cargo.
(Doc. No. 19840, Amdt. 191-1, 44 FR 72345, Dec. 13, 1979)
14 CFR 109.3 Security program.
(a) Each indirect air carrier shall adopt and carry out a security
program that --
(1) Is designed to prevent or deter the unauthorized introduction of
any explosive or incendiary device into any package cargo intended for
carriage by air;
(2) Is in writing and signed by the carrier or any person delegated
authority in this matter;
(3) Includes a system of security safeguards acceptable to the
Administrator; and
(4) Has been approved by the Administrator.
(b) Each indirect air carrier shall maintain at least one complete
copy of its security program at its principal business office, and a
complete copy or the pertinent portions of its security program or
appropriate implementing instructions at each office where package cargo
is accepted, and shall make those documents available for inspection
upon request of any Civil Aviation Security Special Agent.
(c) Each indirect air carrier shall --
(1) Restrict the distribution, disclosure, and availability of
information contained in the security program to persons with an
operational need-to-know;
(2) Require those persons to keep that information confidential; and
(3) Refer requests for such information to the Director of Civil
Aviation Security of the FAA.
(Doc. No. 19840, Amdt. 191-1, 44 FR 72345, Dec. 13, 1979, as amended
by Amdt. 109-1, 54 FR 39293, Sept. 25, 1989
14 CFR 109.5 Approval of security programs and amendments.
(a) Each indirect air carrier shall submit its security program to
the Administrator for approval. Each carrier engaged in the air
transportation of property before December 13, 1979, shall submit its
program no later than January 14, 1980. Each carrier not engaged in air
transportation or intrastate air transportation of property before
December 13, 1979, shall submit its program at least 30 days before the
date it intends to engage in that transportation.
(b) Within 30 days after receipt of the program, the Administrator
either approves the program or notifies the carrier as to modifications
necessary for the program to comply with this part.
(c) Any person notified pursuant to paragraph (b) of this section may
petition the Administrator to reconsider the notice to modify within 30
days after receipt of the notice and, except in the case of any
emergency requiring immediate action in the interest of safety, the
filing of the petition stays the notice pending a decision by the
Administrator.
(d) The Administrator may order amendment of an approved security
program, if it is determined that safety and the public interest require
the amendment, as follows:
(1) The Administrator notifies the carrier, in writing, of the
proposed amendment, fixing a period of not less than 30 days within
which it may submit written information, views, and arguments on the
amendment.
(2) After considering all relevant material, the Administrator
notifies the carrier of any amendment adopted, or rescinds the notice of
the proposed amendment. The amendment becomes effective not less than
30 days after such person receives the notice, unless it petitions the
Administrator to reconsider the amendment, in which case the effective
date is stayed by the Administrator.
(3) If the Adminstrator finds that there is an emergency requiring
immediate action with respect to safety in air transportation or in air
commerce that makes the procedure in this paragraph impracticable or
contrary to the public interest he may issue an amendment, effective on
the date the carrier receives notice of it, and not subject to stay. In
such a case, the Administrator incorporates the findings and a brief
statement of the reasons for it, in the notice of the amendment to be
adopted.
(e) A carrier may submit a request to the Administrator to amend its
program. The application must be filed with the Administrator at least
30 days before the date it proposes for the amendment to become
effective, unless a shorter period is allowed by the Administrator.
Within 15 days after receipt of a proposed amendment, the Administrator
either approves or denies the request. Within 30 days after receiving
from the Administrator a notice of refusal to approve the application
for amendment, the applicant may petition the Administrator to
reconsider the refusal to amend.
(Doc. No. 19840, Amdt. 191-1, 44 FR 72345, Dec. 13, 1979)
14 CFR 109.5 SUBCHAPTER G -- AIR CARRIERS, AIR TRAVEL CLUBS, AND OPERATORS FOR COMPENSATION OR HIRE: CERTIFICATION AND OPERATIONS
14 CFR 109.5 Pt. 121
14 CFR 109.5 PART 121 -- CERTIFICATION AND OPERATIONS: DOMESTIC, FLAG,
AND SUPPLEMENTAL AIR CARRIERS AND COMMERCIAL OPERATORS OF LARGE AIRCRAFT
SFAR No. 14
SFAR No. 34
SFAR No. 36
SFAR No. 38-2
SFAR No. 52 (Note)
SFAR No. 58
14 CFR 109.5 Subpart A -- General
Sec.
121.1 Applicability.
121.3 Certification requirements: General.
121.4 Applicability of rules to unauthorized operators.
121.5 Charter flights or other special service operation: Flag and
domestic air carriers.
121.6 Leasing of aircraft.
121.7 Common carriage by commercial operator.
121.9 Operations of airplanes having a maximum passenger seating
configuration of 30 seats or less and a maximum payload capacity of
7,500 pounds or less.
121.11 Rules applicable to operations in a foreign country.
121.13 Rules applicable to helicopter operations: Deviation
authority.
121.15 Carriage of narcotic drugs, marihuana, and depressant or
stimulant drugs or substances.
14 CFR 109.5 Subpart B -- Certification Rules for Domestic and Flag Air
Carriers
121.21 Applicability.
121.23 Operations specifications not a part of certificate.
121.25 Contents of certificate and operations specifications.
121.26 Application for domestic or flag air carrier operator
certificates.
121.27 Issue of certificate.
121.29 Duration of certificate.
14 CFR 109.5 Subpart C -- Certification Rules for Supplemental Air
Carriers and Commercial Operators
121.41 Applicability.
121.43 Operations specifications not a part of certificate.
121.45 Contents of certificate and operations specifications.
121.47 Application for supplemental air carrier and commercial
operator certificates.
121.48 Commercial operator: Financial statement preparation and
certification.
121.49 Commercial operator: Financial information required for
original issue or renewal.
121.51 Issue of certificate.
121.53 Duration of certificate.
121.55 Commercial operator: Periodic financial reports.
121.57 Obtaining waivers and authority for deviations.
121.59 Management personnel required.
121.61 Management personnel: Qualifications.
14 CFR 109.5 Subpart D -- Rules Governing All Certificate Holders Under
This Part
121.71 Applicability.
121.73 Availability of certificate and operations specifications.
121.75 Use of operations specifications.
121.77 Amendment of certificate.
121.79 Amendment of operations specifications.
121.81 Inspection authority.
121.83 Change of address.
14 CFR 109.5 Subpart E -- Approval of Routes: Domestic and Flag Air
Carriers
121.91 Applicability.
121.93 Route requirements: General.
121.95 Route width.
121.97 Airports: Required data.
121.99 Communications facilities.
121.101 Weather reporting facilities.
121.103 En route navigational facilities.
121.105 Servicing and maintenance facilities.
121.107 Dispatch centers.
14 CFR 109.5 Subpart F -- Approval of Areas and Routes for Supplemental
Air Carriers and Commercial Operators
121.111 Applicability.
121.113 Area and route requirements: General.
121.115 Route width.
121.117 Airports: Required data.
121.119 Weather reporting facilities.
121.121 En route navigational facilities.
121.123 Servicing and maintenance facilities.
121.125 Flight following system.
121.127 Flight following system; requirements.
14 CFR 109.5 Subpart G -- Manual Requirements
121.131 Applicability.
121.133 Preparation.
121.135 Contents.
121.137 Distribution and availability.
121.139 Requirement for manual aboard aircraft: Supplemental air
carriers and commercial operators.
121.141 Airplane or rotorcraft flight manual.
14 CFR 109.5 Subpart H -- Aircraft Requirements
121.151 Applicability.
121.153 Aircraft requirements: General.
121.155 (Reserved)
121.157 Aircraft certification and equipment requirements.
121.159 Single-engine airplanes prohibited.
121.161 Airplane limitations: Type of route.
121.163 Aircraft proving tests.
14 CFR 109.5 Subpart I -- Airplane Performance Operating Limitations
121.171 Applicability.
121.173 General.
121.175 Transport category airplanes: reciprocating engine powered:
Weight limitations.
121.177 Transport category airplanes: Reciprocating engine powered;
takeoff limitations.
121.179 Transport category airplanes: reciprocating engine powered:
En route limitations: all engines operating.
121.181 Transport category airplanes: reciprocating engine powered;
en route limitations: One engine inoperative.
121.183 Part 25 transport category airplanes with four or more
engines: Reciprocating engine powered: en route limitations: two
engines inoperative.
121.185 Transport category airplanes: reciprocating engine powered:
Landing limitations: destination airport.
121.187 Transport category airplanes: reciprocating engine powered:
Landing limitations: alternate airport.
121.189 Transport category airplanes: Turbine engine powered;
takeoff limitations.
121.191 Transport category airplanes: Turbine engine powered: En
route limitations: one engine inoperative.
121.193 Transport category airplanes: Turbine engine powered: en
route limitations: two engines inoperative.
121.195 Transport category airplanes: Turbine engine powered:
landing limitations: destination airports.
121.197 Transport category airplanes: Turbine engine powered:
landing limitations: alternate airports.
121.198 Transport category cargo service airplanes: Increased zero
fuel and landing weights.
121.199 Nontransport category airplanes: Takeoff limitations.
121.201 Nontransport category airplanes: En route limitations: one
engine inoperative.
121.203 Nontransport category airplanes: Landing limitations:
destination airport.
121.205 Nontransport category airplanes: Landing limitations:
alternate airport.
121.207 Provisionally certificated air carrier airplane: Operating
limitations.
14 CFR 109.5 Subpart J -- Special Airworthiness Requirements
121.211 Applicability.
121.213 Special airworthiness requirements: General.
121.215 Cabin interiors.
121.217 Internal doors.
121.219 Ventilation.
121.221 Fire precautions.
121.223 Proof of compliance with 121.221.
121.225 Propeller deicing fluid.
121.227 Pressure cross-feed arrangements.
121.229 Location of fuel tanks.
121.231 Fuel system lines and fittings.
121.233 Fuel lines and fittings in designated fire zones.
121.235 Fuel valves.
121.237 Oil lines and fittings in designated fire zones.
121.239 Oil valves.
121.241 Oil system drains.
121.243 Engine breather lines.
121.245 Fire walls.
121.247 Fire-wall construction.
121.249 Cowling.
121.251 Engine accessory section diaphragm.
121.253 Powerplant fire protection.
121.255 Flammable fluids.
121.257 Shutoff means.
121.259 Lines and fittings.
121.261 Vent and drain lines.
121.263 Fire-extinguishing systems.
121.265 Fire-extinguishing agents.
121.267 Extinguishing agent container pressure relief.
121.269 Extinguishing agent container compartment temperature.
121.271 Fire-extinguishing system materials.
121.273 Fire-detector systems.
121.275 Fire detectors.
121.277 Protection of other airplane components against fire.
121.279 Control of engine rotation.
121.281 Fuel system independence.
121.283 Induction system ice prevention.
121.285 Carriage of cargo in passenger compartments.
121.287 Carriage of cargo in cargo compartments.
121.289 Landing gear: Aural warning device.
121.291 Demonstration of emergency evacuation procedures.
14 CFR 109.5 Subpart K -- Instrument and Equipment Requirements
121.301 Applicability.
121.303 Airplane instruments and equipment.
121.305 Flight and navigational equipment.
121.307 Engine instruments.
121.308 Lavatory fire protection.
121.309 Emergency equipment.
121.310 Additional emergency equipment.
121.311 Seats, safety belts, and shoulder harnesses.
121.312 Materials for compartment interiors.
121.313 Miscellaneous equipment.
121.314 Cargo and baggage compartments.
121.315 Cockpit check procedure.
121.316 Fuel tanks.
121.317 Passenger information.
121.318 Public address system.
121.319 Crewmember interphone system.
121.321 (Reserved)
121.323 Instruments and equipment for operations at night.
121.325 Instruments and equipment for operations under IFR or
over-the-top.
121.327 Supplemental oxygen: Reciprocating engine powered airplanes.
121.329 Supplemental oxygen for sustenance: Turbine engine powered
airplanes.
121.331 Supplemental oxygen requirements for pressurized cabin
airplanes: Reciprocating engine powered airplanes.
121.333 Supplemental oxygen for emergency descent and for first aid;
turbine engine powered airplanes with pressured cabins.
121.335 Equipment standards.
121.337 Protective breathing equipment for the flight crew.
121.339 Emergency equipment for extended over-water operations.
121.340 Emergency flotation means.
121.341 Equipment for operations in icing conditions.
121.342 Pitot heat indication systems.
121.343 Flight recorders.
121.345 Radio equipment.
121.347 Radio equipment for operations under VFR over routes
navigated by pilotage.
121.349 Radio equipment for operations under VFR over routes not
navigated by pilotage or for operations under IFR or over-the-top.
121.351 Radio equipment for extended overwater operations and for
certain other operations.
121.353 Emergency equipment for operations over uninhabited terrain
areas: Flag and supplemental air carriers and commercial operators.
121.355 Equipment for operations on which specialized means of
navigation are used.
121.356 Traffic Alert and Collision Avoidance System.
121.357 Airborne weather radar equipment requirements.
121.358 Low-altitude windshear system equipment requirements.
121.359 Cockpit voice recorders.
121.360 Ground proximity warning-glide slope deviation alerting
system.
14 CFR 109.5 Subpart L -- Maintenance, Preventive Maintenance, and
Alterations
121.361 Applicability.
121.363 Responsibility for airworthiness.
121.365 Maintenance, preventive maintenance, and alteration
organization.
121.367 Maintenance, preventive maintenance, and alterations
programs.
121.369 Manual requirements.
121.371 Required inspection personnel.
121.373 Continuing analysis and surveillance.
121.375 Maintenance and preventive maintenance training program.
121.377 Maintenance and preventive maintenance personnel duty time
limitations.
121.378 Certificate requirements.
121.379 Authority to perform and approve maintenance, preventive
maintenance, and alterations.
121.380 Maintenance recording requirements.
121.380a Transfer of maintenance records.
14 CFR 109.5 Subpart M -- Airman and Crewmember Requirements
121.381 Applicability.
121.383 Airman: Limitations on use of services.
121.385 Composition of flight crew.
121.387 Flight engineer.
121.389 Flight navigator and specialized navigation equipment.
121.391 Flight attendants.
121.395 Aircraft dispatcher: Domestic and flag air carriers.
121.397 Emergency and emergency evacuation duties.
14 CFR 109.5 Subpart N -- Training Program
121.400 Applicability and terms used.
121.401 Training program: General.
121.403 Training program: Curriculum.
121.404 Windshear training: Compliance dates.
121.405 Training program and revision: Initial and final approval.
121.407 Training program: Approval of airplane simulators and other
training devices.
121.409 Training courses using airplane simulators and other
trainining devices.
121.411 Training program: Check airman and instructor
qualifications.
121.413 Check airmen and flight instructors: Initial and transition
training.
121.415 Crewmember and dispatcher training requirements.
121.417 Crewmember emergency training.
121.418 Differences training: Crewmembers and dispatchers.
121.419 Pilots and flight engineers: Initial, transition, and
upgrade ground training.
121.420 Flight navigators: Initial and transition ground training.
121.421 Flight attendants: Initial and transition ground training.
121.422 Aircraft dispatchers: Initial and transition ground
training.
121.424 Pilots: Initial, transition and upgrade flight training.
121.425 Flight engineers: Initial and transition flight training.
121.426 Flight navigators: Initial and transition flight training.
121.427 Recurrent training.
121.429 Prohibited drugs.
14 CFR 109.5 Subpart O -- Crewmember Qualifications
121.431 Applicability.
121.432 General.
121.433 Training required.
121.433a Training requirements: Handling and carriage of dangerous
articles and magnetized materials.
121.434 Operating experience.
121.435 Helicopter operations: Supplemental air carriers and
commercial operators.
121.437 Pilot qualification: Certificates required.
121.439 Pilot qualification: Recent experience.
121.440 Line checks.
121.441 Proficiency checks.
121.443 Pilot in command qualification: Route and airports.
121.445 Pilot in command airport qualification: Special areas and
airports.
121.447 (Reserved)
121.453 Flight engineer qualifications.
121.455 Use of prohibited drugs.
121.457 Testing for prohibited drugs.
14 CFR 109.5 Subpart P -- Aircraft Dispatcher Qualifications and Duty
Time Limitations: Domestic and Flag Air Carriers
121.461 Applicability.
121.463 Aircraft dispatcher qualifications.
121.465 Duty time limitations: Domestic and flag air carriers.
14 CFR 109.5 Subpart Q -- Flight Time Limitations and Rest
Requirements: Domestic Air Carriers
121.470 Applicability.
121.471 Flight time limitations and rest requirements: All flight
crewmembers.
14 CFR 109.5 Subpart R -- Flight Time Limitations: Flag Air Carriers
121.480 Applicability.
121.481 Flight time limitations: One or two pilot crews.
121.483 Flight time limitations: Two pilots and one additional
flight crewmember.
121.485 Flight time limitations: Three or more pilots and an
additional flight crewmember.
121.487 Flight time limitations: Pilots not regularly assigned.
121.489 Flight time limitations: Other commercial flying.
121.491 Flight time limitations: Deadhead transportation.
121.493 Flight time limitations: Flight engineers and flight
navigators.
14 CFR 109.5 Subpart S -- Flight Time Limitations: Supplemental Air
Carriers and Commercial Operators
121.500 Applicability.
121.501 Flight time limitations: Helicopters.
121.503 Flight time limitations: pilots: Airplanes.
121.505 Flight time limitations: two pilot crews: Airplanes.
121.507 Flight time limitations: Three pilot crews: airplanes.
121.509 Flight time limitations: Four pilot crews: airplanes.
121.511 Flight time limitations: Flight engineers: airplanes.
121.513 Flight time limitations: Overseas and international
operations: airplanes.
121.515 Flight time limitations: all airmen: Airplanes.
121.517 Flight time limitations: Other commercial flying:
airplanes.
121.519 Flight time limitations: Deadhead transportation:
airplanes.
121.521 Flight time limitations: Crew of two pilots and one
additional airman as required.
121.523 Flight time limitations: Crew of three or more pilots and
additional airmen as required.
121.525 Flight time limitations: Pilots serving in more than one
kind of flight crew.
14 CFR 109.5 Subpart T -- Flight Operations
121.531 Applicability.
121.533 Responsibility for operational control: Domestic air
carriers.
121.535 Responsibility for operational control: Flag air carriers.
121.537 Responsibility for operational control: Supplemental air
carriers and commercial operators.
121.538 Airplane security.
121.539 Operations notices.
121.541 Operations schedules: Domestic and flag air carriers.
121.542 Flight crewmember duties.
121.543 Flight crewmembers at controls.
121.545 Manipulation of controls.
121.547 Admission to flight deck.
121.548 Aviation safety inspector's credentials: Admission to
pilot's compartment.
121.549 Flying equipment.
121.550 Secret Service Agents: Admission to flight deck.
121.551 Restriction or suspension of operation: Domestic and flag
air carriers.
121.553 Restriction or suspension of operation: Supplemental air
carriers and commercial operators.
121.555 Compliance with approved routes and limitations: Domestic
and flag air carriers.
121.557 Emergencies: Domestic and flag air carriers.
121.559 Emergencies: Supplemental air carriers and commercial
operators.
121.561 Reporting potentially hazardous meteorological conditions and
irregularities of ground and navigation facilities.
121.563 Reporting mechanical irregularities.
121.565 Engine inoperative: Landing; reporting.
121.567 Instrument approach procedures and IFR landing minimums.
121.569 Equipment interchange: Domestic and flag air carriers.
121.571 Briefing passengers before takeoff.
121.573 Briefing passengers: Extended overwater operations.
121.574 Oxygen for medical use by passengers.
121.575 Alcoholic beverages.
121.576 Retention of items of mass in passenger and crew
compartments.
121.577 Food and beverage service equipment during takeoff and
landing.
121.578 Cabin zone concentration
121.579 Minimum altitudes for use of auto-pilot.
121.581 Forward observer's seat: En route inspections.
121.583 Carriage of persons without compliance with the
passenger-carrying requirements of this part.
121.585 Exit row seating.
121.586 Authority to refuse transportation.
121.587 Closing and locking of flight crew compartment door.
121.589 Carry-on baggage.
121.590 Use of certificated land airports.
14 CFR 109.5 Subpart U -- Dispatching and Flight Release Rules
121.591 Applicability.
121.593 Dispatching authority: Domestic air carriers.
121.595 Dispatching authority: Flag air carriers.
121.597 Flight release authority: Supplemental air carriers and
commercial operators.
121.599 Familiarity with weather conditions.
121.601 Aircraft dispatcher information to pilot in command:
Domestic and flag air carriers.
121.603 Facilities and services: Supplemental air carriers and
commercial operators.
121.605 Airplane equipment.
121.607 Communication and navigation facilities: Domestic and flag
air carriers.
121.609 Communication and navigation facilities: Supplemental air
carriers and commercial operators.
121.611 Dispatch or flight release under VFR.
121.613 Dispatch or flight release under IFR or over the top.
121.615 Dispatch or flight release over water: Flag and supplemental
air carriers and commercial operators.
121.617 Alternate airport for departure.
121.619 Alternate airport for destination: IFR or over-the-top:
domestic air carriers.
121.621 Alternate airport for destination: Flag air carriers.
121.623 Alternate airport for destination: IFR or over-the-top:
supplemental air carriers and commercial operators.
121.625 Alternate airport weather minimums.
121.627 Continuing flight in unsafe conditions.
121.628 Inoperable instruments and equipment.
121.629 Operation in icing conditions.
121.631 Original dispatch or flight release, redispatch or amendment
of dispatch or flight release.
121.633 (Reserved)
121.635 Dispatch to and from refueling or provisional airports:
Domestic and flag air carriers.
121.637 Takeoffs from unlisted and alternate airports: Domestic and
flag air carriers.
121.639 Fuel supply: All operations: Domestic air carriers.
121.641 Fuel supply: Nonturbine and turbo-propeller-powered
airplanes: Flag air carriers.
121.643 Fuel supply: Nonturbine and turbo-propeller-powered
airplanes: Supplemental air carriers and commercial operators.
121.645 Fuel supply: Turbine-engine powered airplanes, other than
turbo propeller: Flag and supplemental air carriers and commercial
operators.
121.647 Factors for computing fuel required.
121.649 Takeoff and landing weather minimums: VFR: Domestic air
carriers.
121.651 Takeoff and landing weather minimums: IFR: All certificate
holders.
121.652 Landing weather minimums: IFR: All certificate holders.
121.653 (Reserved)
121.655 Applicability of reported weather minimums.
121.657 Flight altitude rules.
121.659 Initial approach altitude: Domestic and supplemental air
carriers and commercial operators.
121.661 Initial approach altitude: Flag air carriers.
121.663 Responsibility for dispatch release: Domestic and flag air
carriers.
121.665 Load manifest.
121.667 Flight plan: VFR and IFR: Supplemental air carriers and
commercial operators.
14 CFR 109.5 Subpart V -- Records and Reports
121.681 Applicability.
121.683 Crewmember and dispatcher record.
121.685 Aircraft record: Flag and domestic air carriers.
121.687 Dispatch release: Flag and domestic air carriers.
121.689 Flight release form: Supplemental air carriers and
commercial operators.
121.691 (Reserved)
121.693 Load manifest: Air carriers and commercial operators.
121.695 Disposition of load manifest, dispatch release, and flight
plans: Domestic and flag air carriers.
121.697 Disposition of load manifest, flight release, and flight
plans: Supplemental air carriers and commercial operators.
121.698-121.699 (Reserved)
121.701 Maintenance log: Aircraft.
121.703 Mechanical reliability reports.
121.705 Mechanical interruption summary report.
121.707 Alteration and repair reports.
121.709 Airworthiness release or aircraft log entry.
121.711 Communication records: Domestic and flag air carriers.
121.713 Retention of contracts and amendments: Commercial operator.
121.715 In-flight medical emergency reports.
14 CFR 109.5 Subpart W -- Crewmember Certificate: International
121.721 Applicability.
121.723 Application and issue.
Appendix A -- First-Aid Kits and Emergency Medical Kits
Appendix B -- Aircraft Flight Recorder Specifications
Appendix C -- C-46 Nontransport Category Airplanes
Appendix D -- Criteria for Demonstration of Emergency Evacuation
Procedures Under 121.291
Appendix E -- Flight Training Requirements
Appendix F -- Proficiency Check Requirements
Appendix G -- Doppler Radar and Inertial Navigation System (INS):
Request for Evaluation; Equipment and Equipment Installation; Training
Program; Equipment Accuracy and Reliability; Evaluation Program
Appendix H -- Advanced Simulation Plan
Appendix I -- Drug Testing Program
Authority: 49 U.S.C. app. 1354(a), 1355, 1356, 1357, 1401,
1421-1430, 1472, 1485, and 1502; 49 U.S.C. 106(g).
14 CFR 109.5 SFAR No. 14
14 CFR 109.5 Special Federal Aviation Regulations
14 CFR 109.5 SFAR No. 14
Contrary performance provisions of the Civil Air Regulations
notwithstanding, the Administrator may grant performance credit for the
use of standby power on transport category airplanes. Such credit shall
be applicable only to the maximum certificated take-off and landing
weights, and the take-off distance, and the take-off paths, and shall
not exceed that found by the Administrator to result in an over-all
level of safety in the take-off, approach, and landing regimes of flight
equivalent to that prescribed in the regulations under which the
airplane was originally certificated without standby power. (Note:
Standby power is power and/or thrust obtained from rocket engines for a
relatively short period and actuated only in cases of emergency.) The
following provisions shall apply:
(1) Take-off; general. The take-off data prescribed in sections (2)
and (3) shall be determined at all weights and altitudes, and at ambient
temperatures if applicable, at which performance credit is to be
applied.
(2) Take-off path. (a) The one-engine-inoperative take-off path with
standby power in use shall be determined in accordance with the
performance requirements of the applicable airworthiness regulations.
(b) The one-engine-inoperative take-off path (excluding that portion
where the airplane is on or just above the take-off surface-determined
in accordance with paragraph (a) of this section shall lie above the
one/engine-inoperative take-off path without standby power at the
maximum take/off weight at which all of the applicable airworthiness
requirements are met. For the purpose of this comparison, the flight
path shall be considered to extend to at least a height of 400 feet
above the take-off surface.
(c) The take-off path with all engines operating, but without the use
of standby power, shall reflect a conservatively greater over-all level
of performance than the one-engine-inoperative take-off path established
in accordance with paragraph (a) of this section. The aforementioned
margin shall be established by the Administrator to insure safe
day-to-day operations, but in no case shall it be less than 15 percent.
The all-engines-operating take-off path shall be determined by a
procedure consistent with that established in complying with paragraph
(a) of this section.
(d) For reciprocating-engine-powered airplanes, the take-off path to
be scheduled in the Airplane Flight Manual shall represent the
one-engine-inoperative take-off path determined in accordance with
paragraph (a) of this section and modified to reflect the procedure (see
section (6)) established by the applicant for flap retraction and
attainment of the en route speed. The scheduled take-off path shall
have a positive slope at all points of the airborne portion and at no
point shall it lie above the take-off path specified in paragraph (a) of
this section.
(3) Take-off distance. The take-off distance shall be the horizontal
distance along the one/engine-inoperative take-off to the point where
the airplane attains a height of 50 feet aove the take-off surface for
reciprocating-engine-powered airplanes and a height of 35 feet above the
take-off surface for turbine-powered airplanes.
(4) Maximum certificated take-off weights. The maximum certificated
take-off weights shall be determined at all altitudes, and at ambient
temperatures if applicable, at which performance credit is to be applied
and shall not exceed the weights established in compliance with
paragraphs (a) and (b) of this section.
(a) The conditions of section (2) (b) through (d) shall be met at the
maximum certificated take-off weight.
(b) Without the use of standby power, the airplane shall meet all of
the en route requirements of the applicable airworthiness regulations
under which the airplane was originally certificated. In addition,
turbine-powered airplanes without the use of standby power shall meet
the final take-off climb requirements prescribed in the applicable
airworthiness regulations.
(5) Maximum certificated landing weights. (a) The maximum
certificated landing weights (one-engine/inoperative approach and
all-engine/operating landing climb) shall be determined at all
altitudes, and at ambient temperatures if applicable, at which
performance credit is to be applied and shall not exceed that
established in compliance with the provisions of paragraph (b) of this
section.
(b) The flight path, with the engines operating at the power and/or
thrust appropriate to the airplane configuration and with standby power
in use, shall lie above the flight path without standby power in use at
the maximum weight at which all of the applicable airworthiness
requirements are met. In addition, the flight paths shall comply with
the provisions of paragraphs (i) and (ii) of this paragraph (b).
(i) The flight paths shall be established without changing the
appropriate airplane configuration.
(ii) The flight paths shall be carried out for a minimum height of
400 feet above the point where standby power is actuated.
(6) Airplane configuration, speed, and power and/or thrust; general.
Any change in the airplane's configuration, speed, and power and/or
thrust shall be made in accordance with the procedures established by
the applicant for the operation of the airplane in service and shall
comply with the provisions of paragraphs (a) through (c) of this
section. In addition, procedures shall be established for the execution
of balked landings and missed approaches.
(a) The Administrator shall find that the procedure can be
consistently executed in service by crews of average skill.
(b) The procedure shall not involve methods or the use of devices
which have not been proven to be safe and reliable.
(c) Allowances shall be made for such time delays in the execution of
the procedures as may be reasonably expected to occur during service.
(7) Installation and operation; standby power. The standby power
unit and its installation shall comply with the provisions of paragraphs
(a) and (b) of this section.
(a) The standby power unit and its installation shall not adversely
affect the safety of the airplane.
(b) The operation of the standby power unit and its control shall
have proven to be safe and reliable.
(23 FR 7454, Sept. 25, 1958. Redesignated at 29 FR 19099, Dec. 30,
1964)
14 CFR 109.5 SFAR No. 34
14 CFR 109.5 SFAR No. 34 -- Compensation for Required Security
Measures in Foreign Air Transportation
Sec.
1. Applicability.
2. Application for compensation.
3. Deadline for submission of application.
4. Records.
5. Inspections.
1. Applicability. (a) This Special Federal Aviation Regulation
prescribes rules governing the payment of compensation to an air
carrier, certificated by the Civil Aeronautics Board under section 401
of the Federal Aviation Act of 1958 (49 U.S.C. 1371), which requests
compensation for the cost of security screening facilities and
procedures required under section 315(a) of that act (49 U.S.C.
1356(a)), and any regulation issued pursuant thereto, for the screening
of passengers, and their carry-on baggage, moving in foreign air
transportation.
(b) For the purpose of this Special Federal Aviation Regulation, the
air transport entities are those specified by the Civil Aeronautics
Board in 14 CFR part 241, section 21(g), namely --
(1) Domestic operations;
(2) Operations via the Atlantic Ocean;
(3) Operations via the Pacific Ocean; and
(4) Operations within the Latin American areas.
2. Application for compensation. An air carrier requesting
compensation under the Special Federal Aviation Regulation shall submit
a separate application (in triplicate) for each fiscal year for which
compensation is sought, that meets the following requirements:
(a) The application shall contain a listing of the expenses incurred
for each air transport entity, during the period for which the
application is submitted, for procedures required for the screening of
passengers and their carry-on baggage. This listing shall show a grand
total for each entity and a subtotal for each category specified in
paragraph (b) of this section for each entity.
(b) Each list of expenses submitted with an application shall be
divided into the following categories:
(1) Supervision and training.
(2) Personnel.
(3) Materials and supplies.
(4) Equipment maintenance.
(5) Equipment depreciation.
(6) Facility space costs.
(7) Expenses paid for security screening purposes to --
(i) U.S. airlines;
(ii) Foreign flag airlines; and
(iii) Others.
(8) Other expenses.
(9) Total expenses.
(c) The application shall contain a listing of revenues attributable
to the cost of facilities and procedures required for the screening of
passengers and their carry-on baggage.
The applicant shall list separately, for each air transport entity,
total revenue and subtotals for the following:
(1) Passenger security charges.
(2) Passenger fares to which no security charge was added.
(3) Reimbursements from U.S. air carriers.
(4) Reimbursements from foreign flag air carriers.
(5) Reimbursements from airports, port authorities, and others for
the screening of passengers and their carry-on baggage.
(6) Any other security screening revenues received from, or
chargeable to, others.
(d) Unless the applicant demonstrates, to the satisfaction of the
Administrator, its actual revenue from passenger fares for intrastate,
interstate, and overseas air transportation, revenue from those fares
after implementation of Civil Aeronautics Board Order 75-8-103 (Docket
25315; August 19, 1975) shall be established by multiplying the number
of true originations by --
(1) For operations wholly within the State of Hawaii, the sum of 36
cents plus 36 cents times each overall percentage fare increase approved
by the Civil Aeronautics Board, including Order 75-8-103;
(2) For operations from the 48 contiguous States to the State of
Alaska, the sum of 62 cents plus 62 cents times each overall percentage
fare increase approved by the CAB, including Order 75-8-103;
(3) For operations wholly within the State of Alaska, the sum of 80
cents times each overall percentage fare increase approved by the CAB,
including Order 75-8-103; and
(4) For operations in intrastate, interstate, and overseas air
transportation, other than those specified in paragraph (d) (1) through
(3) of this section, the sum of 41 cents plus 41 cents times each
overall percentage fare increase approved by the CAB, including CAB
Order 75-8-103.
(e) The applicant must show the manner in which it establishes
revenues received from passenger fares for foreign air transportation.
(f) The application shall contain a listing, for each air transport
entity, of the number of --
(1) True originations;
(2) Persons screened;
(3) Passengers screened by the applicant for --
(i) Other U.S. air carriers; and
(ii) Foreign flag air carriers;
(4) Passengers screened for the applicant by --
(i) Other U.S. air carriers;
(ii) Foreign flag air carriers; and
(iii) Others; and
(5) Employee days expended on security, together with the cost, if
any, for space provided for screening and related security activity.
(g) Each listing of expenses, revenue, or statistics required by this
section shall be made in accordance with accounting procedures
acceptable to the Administrator. Expenses, revenues, and statistics
submitted as a part of an application shall be consistent with any data
which have previously been reported to the Civil Aeronautics Board.
(h) The application shall contain a statement from an appropriate
corporate official certifying that the application is correct and
complete.
(i) The application shall be submitted to the Director, Office of
Civil Aviation Security (ACS-1), 800 Independence Avenue SW.,
Washington, D.C. 20591.
3. Deadline for submission of application. An air carrier that
submits an application for compensation under this Special Federal
Aviation Regulation shall submit that application not later than
November 1, 1983, unless otherwise authorized by the Director of Civil
Aviation Security for good cause shown.
4. Records. An air carrier that submits an application for
compensation under this Special Federal Aviation Regulation shall
specify in that application --
(a) The location of the accounting records pertaining to expenditures
made, and revenues and fare increases obtained, and compensation paid,
as described in section 2 of this Special Federal Aviation Regulation;
and
(b) The name and telephone number of a person authorized to grant the
Administrator access to the accounting records specified in paragraph
(a) of this section.
5. Inspections. An air carrier that submits an application for
compensation shall permit the Administrator to inspect the accounting
records described in section 4(a) of this Special Federal Aviation
Regulation during normal business hours at the office where the records
are maintained.
(Sec. 24, Pub. L. 94-353 (49 U.S.C. 1356(a)); Sec. 1.47(f)(3),
Regulations of the Office of the Secretary of Transportation (49 CFR
1.47(f)(3); Sec. 524(d), Pub. L. 97-248 (96 Stat. 671, 697); Sec. 24,
Pub. L. 94-353 (90 Stat. 871, 885, 49 U.S.C. 1356a); Sec. 1.47(f)(3),
Regulations of the Office of the Secretary of Transportation (49 CFR
1.47(f)(3)))
(Doc. No. 17326, 45 FR 49916, July 28, 1980, as amended by SFAR 34-1,
47 FR 56328, Dec. 16, 1982)
14 CFR 109.5 SFAR No. 36
14 CFR 109.5 SFAR No. 36
1. General. Contrary provisions of 121.379(b), 127.140(b) and
145.51 of the Federal Aviation Regulations notwithstanding, a
certificate holder may approve an aircraft, airframe, aircraft engine,
propeller, or appliance for return to service after accomplishing a
major repair if the data used for the repair was developed by that
certificate holder in accordance with an authorization issued under this
Special Federal Aviation Regulation.
2. Application. The applicant for an authorization to develop and use
its own technical data for major repairs must submit an application, in
writing and signed by an officer of the applicant, to the FAA Flight
Standards District Office for the region in which the applicant is
located. The application must contain --
(a) The repair station certificate number held by the repair station
applicant, the current ratings covered by the certificate, and a copy of
the repair station's operations specifications;
(b) The air carrier, air taxi, or commercial operator operating
certificate number held by the air carrier, air taxi or commercial
operator applicant, and the products that it may maintain under the
certificate;
(c) The names, signatures, and titles of the persons for whom
authorization to approve the use of technical data for major repairs is
requested; and
(d) A description of the applicant's staff with which compliance with
section 3 of this Special Federal Aviation Regulation is to be shown.
3. Eligibility. (a) To be eligible for an authorization to develop
its own technical data for major repairs, the applicant must --
(1) Hold a current domestic repair station certificate under part
145, an air carrier certificate under part 121 or 127, or a commercial
operator certificate under part 121, or be an air taxi operator subject
to the requirements of 135.2;
(2) Have adequate personnel, in the United States, appropriate to the
products that it may maintain under its certificate; and
(3) Employ, or have available, a staff of engineering personnel who
can determine compliance with the applicable airworthiness requirements
of the Federal Aviation Regulations.
(b) At least one member of the staff required by paragraph (a)(3) of
this section must have all of the following qualifications:
(1) A thorough working knowledge of the applicable requirements of
the Federal Aviation Regulations.
(2) A position, on the applicant's staff, with authority to establish
repair programs that ensure that repaired products meet the applicable
requirements of the Federal Aviation Regulations.
(3) At least one year of satisfactory experience in direct contact
with the FAA while processing engineering work for type certification or
major repair projects.
(4) At least eight years of aeronautical engineering experience
(which may include the one year required by paragraph (b)(3) of this
section).
4. Procedure Manual. (a) No person holding an authorization issued
under this Special Federal Aviation Regulation may exercise any
authority under the authorization unless he obtains FAA approval of and
complies with a procedure manual containing --
(1) The procedures for developing and determining the adequacy of
technical data for major repairs; and
(2) The names, signatures, and responsibilities of officials and of
each staff member required by section 3 of this Special Federal Aviation
Regulation, identifying those persons who --
(i) Have authority to make changes in procedures that require a
revision to the procedure manual; and
(ii) Are to prepare or determine the adequacy of technical data, or
both, plan or conduct tests, and approve the results of tests.
(b) No person holding an authorization issued under this Special
Federal Aviation Regulation may continue to perform any authorized
function affected by any change in staff necessary to continue to meet
the requirements of section 3 of this Special Federal Aviation
Regulation, or affected by any change in procedures from those approved
under paragraph (a) of this section, unless that change is FAA-approved
and entered in the manual. For this purpose, the manual must contain a
''log-of-revisions'' page with space for the identification of each
revised item, page, date, and the signature of the person approving the
change for the Administrator.
5. Duration of Authorization. Each authorization issued under this
Special Federal Aviation Regulation is effective from the date of
issuance until January 23, 1994, unless it is surrendered or the
Administrator suspends, revokes, or otherwise terminates it at an
earlier date.
6. Maintenance of Eligibility. Each holder of an authorization
issued under this Special Federal Aviation Regulation shall continue to
meet the requirements for issue of the authorization or shall notify the
Administrator within 48 hours of any change (including a change of
personnel) that could affect the ability of the holder to meet those
requirements.
7. Transferability. An authorization issued under this Special
Federal Aviation Regulation is not transferable.
8. Inspections. Upon request, each holder of an authorization issued
under this Special Federal Aviation Regulation and each applicant for an
authorization shall let the Administrator inspect his facilities,
products, and records.
9. Limits of Applicability. (a) An authorization issued under this
Special Federal Aviation Regulation applies only to products --
(1) Covered by the rating of the repair station applicant and its
operations specifications; and
(2) Covered by the operating certificate and maintenance manual of
the air carrier, air taxi, or commercial operator applicant.
(b) Each holder of an authorization issued under this Special Federal
Aviation Regulation must comply with any additional limitations
prescribed by the Administrator and made a part of the authorization.
10. Data Review and Service Experience.
(a) If the Administrator finds that a product for which repair
data was developed under this Special Federal Aviation Regulation does
not meet the applicable airworthiness requirements, or that an unsafe
feature or characteristic caused by a defective repair exists, the
holder of the authorization, upon notification by the Administrator,
shall investigate the matter and report to the Administrator the results
of the investigation and the action, if any, taken or proposed.
(b) If corrective action by the user of the product is necessary for
safety because of any noncompliance or defect specified in paragraph (a)
of this section, the holder of the authorization shall submit the
information necessary for the issuance of an airworthiness directive
under part 39 of the Federal Aviation Regulations.
11. Current Records. (a) Each holder of an authorization issued
under this Special Federal Aviation Regulation shall maintain, at its
facility, current records containing --
(1) For each product for which it has developed and used major repair
data, a technical data file that includes any data and amendments
thereto (including drawings, photographs, specifications, instructions,
and reports) necessary for the major repair;
(2) A list of products by make, model, manufacturer's serial number
and, if applicable, any FAA identification, that have been repaired
under the authorization; and
(3) A file of information from all available sources on difficulties
of products repaired under the authorization.
(b) The records prescribed in paragraph (a) of this section shall be
--
(1) Made available by the holder of the authorization, for
examination, upon the Administrator's request; and
(2) In the case of the data file prescribed in paragraph (a)(1) of
this section, identified by the holder of the authorization and sent to
the Administrator as soon as the holder of the authorization no longer
utilizes it.
This Special Federal Aviation Regulation terminates January 23, 1994.
(Doc. No. 17551, 43 FR 3085, Jan. 23, 1978, as amended by SFAR 36-1,
45 FR 5677, Jan. 24, 1980; SFAR 36-2, 46 FR 58652, Dec. 3, 1981; SFAR
36-3, 49 FR 4354, Feb. 3, 1984; SFAR 36-4, 53 FR 49523, Dec. 7, 1988;
SFAR 36-5, 54 FR 39293, Sept. 25, 1989)
14 CFR 109.5 SFAR No. 38-2
14 CFR 109.5 SFAR No. 38-2 -- Certification and Operating Requirements
1. Applicability.
(a)(1) Certificates.
(a)(2) Certification requirements.
(a)(3) Operating requirements.
(b) Operations conducted under more than one paragraph.
(c) Prohibition against operating without certificate or in violation
of operations specifications.
2. Certificates and foreign air carrier operations specifications.
(a) Air Carrier Operating Certificate.
(b) Operating Certificate.
(c) Foreign air carrier operations specifications.
3. Operations specifications.
4. Air carriers and those commercial operators engaged in scheduled
intrastate common carriage.
(a)(1) Airplanes, more than 30 seats/7,500 pounds payload, scheduled
within 48 States.
(a)(2) Airplanes, more than 30 seats/7,500 pounds payload, scheduled
outside 48 States.
(a)(3) Airplanes, more than 30 seats/7,500 pounds payload, not
scheduled and all cargo.
(b) Airplanes, 30 seats or less/7,500 or less pounds payload.
(c) Rotorcraft, 30 seats or less/7,500 pounds or less payload.
(d) Rotorcraft, more than 30 seats/more than 7,500 pounds payload.
5. Operations conducted by a person who is not engaged in air carrier
operations, but is engaged in passenger operations, cargo operations, or
both, as a commercial operator.
(a) Airplanes, 20 or more seats/6,000 or more pounds payload.
(b) Airplanes, less than 20 seats/Less than 6,000 pounds payload.
(c) Rotorcraft, 30 seats or less/7,500 pounds or less payload.
(d) Rotorcraft, more than 30 seats/more than 7,500 pounds payload.
6. Definitions.
(a) Terms in FAR.
(1) Domestic/flag/supplemental/commuter.
(2) ATCO.
(b) FAR references to:
(1) Domestic air carriers.
(2) Flag air carriers.
(3) Supplemental air carriers
(4) Commuter air carriers.
(c) SFAR terms.
(1) Air carrier.
(2) Commercial operator.
(3) Foreign air carrier.
(4) Scheduled operations.
(5) Size of aircraft.
(6) Maximum payload capacity.
(7) Empty weight.
(8) Maximum zero fuel weight.
(9) Justifiable aircraft equipment.
Contrary provisions of parts 121, 125, 127, 129, and 135 of the
Federal Aviation Regulations notwithstanding --
1. Applicability.
(a) This Special Federal Aviation Regulation applies to persons
conducting commercial passenger operations, cargo operations, or both,
and prescribes --
(1) The types of operating certificates issued by the Federal
Aviation Administration;
(2) The certification requirements an operator must meet in order to
obtain and hold operations specifications for each type of operation
conducted and each class and size of aircraft operated; and
(3) The operating requirements an operator must meet in conducting
each type of operation and in operating each class and size of aircraft
authorized in its operations specifications. A person shall be issued
only one certificate and all operations shall be conducted under that
certificate, regardless of the type of operation or the class or size of
aircraft operated.
A person holding an air carrier operating certificate may not conduct
any operations under the rules of part 125.
(b) Persons conducting operations under more than one paragraph of
this SFAR shall meet the certification requirements specified in each
paragraph and shall conduct operations in compliance with the
requirements of the Federal Aviation Regulations specified in each
paragraph for the operation conducted under that paragraph.
(c) Except as provided under this SFAR, no person may operate as an
air carrier or as a commercial operator without, or in violation of, a
certificate and operations specifications issued under this SFAR.
2. Certificates and foreign air carrier operations specifications.
(a) Persons authorized to conduct operations as an air carrier will
be issued an Air Carrier Operating Certificate.
(b) Persons who are not authorized to conduct air carrier operations,
but who are authorized to conduct passenger, cargo, or both, operations
as a commercial operator will be issued an Operating Certificate.
(c) FAA certificates are not issued to foreign air carriers. Persons
authorized to conduct operations in the United States as a foreign air
carrier who hold a permit issued under Section 402 of the Federal
Aviation Act of 1958, as amended (49 U.S.C. 1372), or other appropriate
economic or exemption authority issued by the appropriate agency of the
United States of America will be issued operations specifications in
accordance with the requirements of part 129 and shall conduct their
operations within the United States in accordance with those
requirements.
3. Operations specifications.
The operations specifications associated with a certificate issued
under paragraph 2 (a) or (b) and the operations specifications issued
under paragraph 2 (c) of this SFAR will prescribe the authorizations,
limitations and certain procedures under which each type of operation
shall be conducted and each class and size of aircraft shall be
operated.
4. Air carriers, and those commercial operators engaged in scheduled
intrastate common carriage.
Each person who conducts operations as an air carrier or as a
commercial operator engaged in scheduled intrastate common carriage of
persons or property for compensation or hire in air commerce with --
(a) Airplanes having a passenger seating configuration of more than
30 seats, excluding any required crewmember seat, or a payload capacity
of more than 7,500 pounds, shall comply with the certification
requirements in part 121, and conduct its --
(1) Scheduled operations within the 48 contiguous states of the
United States and the District of Columbia, including routes that extend
outside the United States that are specifically authorized by the
Administrator, with those airplanes in accordance with the requirements
of part 121 applicable to domestic air carriers, and shall be issued
operations specifications for those operations in accordance with those
requirements.
(2) Scheduled operations to points outside the 48 contiguous states
of the United States and the District of Columbia with those airplanes
in accordance with the requirements of part 121 applicable to flag air
carriers, and shall be issued operations specifications for those
operations in accordance with those requirements.
(3) All-cargo operations and operations that are not scheduled with
those airplanes in accordance with the requirements of part 121
applicable to supplemental air carriers, and shall be issued operations
specifications for those operations in accordance with those
requirements; except the Administrator may authorize those operations
to be conducted under paragraph (4)(a) (1) or (2) of this paragraph.
(b) Airplanes having a maximum passenger seating configuration of 30
seats or less, excluding any required crewmember seat, and a maximum
payload capacity of 7,500 pounds or less, shall comply with the
certification requirements in part 135, and conduct its operations with
those airplanes in accordance with the requirements of part 135, and
shall be issued operations specifications for those operations in
accordance with those requirements; except that the Administrator may
authorize a person conducting operations in transport category airplanes
to conduct those operations in accordance with the requirements of
paragraph 4(a) of this paragraph.
(c) Rotorcraft having a maximum passenger seating configuration of 30
seats or less and a maximum payload capacity of 7,500 pounds or less
shall comply with the certification requirements in part 135, and
conduct its operations with those aircraft in accordance with the
requirements of part 135, and shall be issued operations specifications
for those operations in accordance with those requirements.
(d) Rotorcraft having a passenger seating configuration of more than
30 seats or a payload capacity of more than 7,500 pounds shall comply
with the certification requirements in part 135, and conduct its
operations with those aircraft in accordance with the requirements of
part 135, and shall be issued special operations specifications for
those operations in accordance with those requirements and this SFAR.
5. Operations conducted by a person who is not engaged in air carrier
operations, but is engaged in passenger operations, cargo operations, or
both as a commercial operator.
Each person, other than a person conducting operations under
paragraph 2(c) or 4 of this SFAR, who conducts operations with --
(a) Airplanes having a passenger seating configuration of 20 or more,
excluding any required crewmember seat, or a maximum payload capacity of
6,000 pounds or more, shall comply with the certification requirements
in part 125, and conduct its operations with those airplanes in
accordance with the requirements of part 125, and shall be issued
operations specifications in accordance with those requirements, or
shall comply with an appropriate deviation authority.
(b) Airplanes having a maximum passenger seating configuration of
less than 20 seats, excluding any required crewmember seat, and a
maximum payload capacity of less than 6,000 pounds shall comply with the
certification requirements in part 135, and conduct its operations in
those airplanes in accordance with the requirements of part 135, and
shall be issued operations specifications in accordance with those
requirements.
(c) Rotorcraft having a maximum passenger seating configuration of 30
seats or less and a maximum payload capacity of 7,500 pounds or less
shall comply with the certification requirements in part 135, and
conduct its operations in those aircraft in accordance with the
requirements of part 135, and shall be issued operations specifications
for those operations in accordance with those requirements.
(d) Rotorcraft having a passenger seating configuration of more than
30 seats or a payload capacity of more than 7,500 pounds shall comply
with the certification requirements in part 135, and conduct its
operations with those aircraft in accordance with the requirements of
part 135, and shall be issued special operations specifications for
those operations in accordance with those requirements and this SFAR.
6. Definitions.
(a) Wherever in the Federal Aviation Regulations the terms --
(1) Domestic air carrier operating certificate, flag air carrier
operating certificate, supplemental air carrier operating certificate,
or commuter air carrier (in the context of Air Carrier Operating
Certificate) appears, it shall be deemed to mean an Air Carrier
Operating Certificate issued and maintained under this SFAR.
(2) ATCO operating certificate appears, it shall be deemed to mean
either an Air Carrier Operating Certificate or Operating Certificate, as
is appropriate to the context of the regulation. All other references
to an operating certificate shall be deemed to mean an Operating
Certificate issued under this SFAR unless the context indicates the
reference is to an Air Carrier Operating Certificate.
(b) Wherever in the Federal Aviation Regulations a regulation applies
to --
(1) Domestic air carriers, it will be deemed to mean a regulation
that applies to scheduled operations solely within the 48 contiguous
states of the United States and the District of Columbia conducted by
persons described in paragraph 4(a)(1) of this SFAR.
(2) Flag air carriers, it will be deemed to mean a regulation that
applies to scheduled operations to any point outside the 48 contiguous
states of the United States and the District of Columbia conducted by
persons described in paragraph 4(a)(2) of this SFAR.
(3) Supplemental air carriers, it will be deemed to mean a regulation
that applies to charter and all-cargo operations conducted by persons
described in paragraph 4(a)(3) of this SFAR.
(4) Commuter air carriers, it will be deemed to mean a regulation
that applies to scheduled passenger carrying operations, with a
frequency of operations of at least five round trips per week on at
least one route between two or more points according to the published
flight schedules, conducted by persons described in paragraph 4 (b) or
(c) of this SFAR. This definition does not apply to part 93 of this
chapter.
(c) For the purpose of this SFAR, the term --
(1) Air carrier means a person who meets the definition of an air
carrier as defined in the Federal Aviation Act of 1958, as amended.
(2) Commercial operator means a person, other than an air carrier,
who conducts operations in air commerce carrying persons or property for
compensation or hire.
(3) Foreign air carrier means any person other than a citizen of the
United States, who undertakes, whether directly or indirectly or by
lease or any other arrangement, to engage in foreign air transportation.
(4) Schedule operations means operations that are conducted in
accordance with a published schedule for passenger operations which
includes dates or times (or both) that is openly advertised or otherwise
made readily available to the general public.
(5) Size of aircraft means an aircraft's size as determined by its
seating configuration or payload capacity, or both.
(6) Maximum payload capacity means:
(i) For an aircraft for which a maximum zero fuel weight is
prescribed in FAA technical specifications, the maximum zero fuel
weight, less empty weight, less all justifiable aircraft equipment, and
less the operating load (consisting of minimum flight crew, foods and
beverages, and supplies and equipment related to foods and beverages,
but not including disposable fuel or oil).
(ii) For all other aircraft, the maximum certificated takeoff weight
of an aircraft, less the empty weight, less all justifiable aircraft
equipment, and less the operating load (consisting of minimum fuel load,
oil, and flightcrew). The allowance for the weight of the crew, oil,
and fuel is as follows:
(A) Crew -- 200 pounds for each crewmember required by the Federal
Aviation Regulations.
(B) Oil -- 350 pounds.
(C) Fuel -- the minimum weight of fuel required by the applicable
Federal Aviation Regulations for a flight between domestic points 174
nautical miles apart under VFR weather conditions that does not involve
extended overwater operations.
(7) Empty weight means the weight of the airframe, engines,
propellers, rotors, and fixed equipment. Empty weight excludes the
weight of the crew and payload, but includes the weight of all fixed
ballast, unusable fuel supply, undrainable oil, total quantity of engine
coolant, and total quantity of hydraulic fluid.
(8) Maximum zero fuel weight means the maximum permissible weight of
an aircraft with no disposable fuel or oil. The zero fuel weight figure
may be found in either the aircraft type certificate data sheet, or the
approved Aircraft Flight Manual, or both.
(9) Justifiable aircraft equipment means any equipment necessary for
the operation of the aircraft. It does not include equipment or ballast
specifically installed, permanently or otherwise, for the purpose of
altering the empty weight of an aircraft to meet the maximum payload
capacity.
This Special Federal Aviation Regulation No. 38-2 terminates June 1,
1992, or the effective date of the codification of SFAR 38-2 into the
Federal Aviation Regulations, whichever occurs first.
(Doc. No. 18510, 50 FR 23944, June 7, 1985, as amended by SFAR 38-3,
51 FR 17275, May 9, 1986; SFAR 38-4, 52 FR 28939, Aug. 4, 1987; SFAR
38-5, 54 FR 23865, June 2, 1989; SFAR 38-6, 55 FR 23047, June 5, 1990;
SFAR 38-7, 56 FR 25451, June 4, 1991)
14 CFR 109.5 SFAR No. 52
14 CFR 109.5 SFAR No. 52
Editorial Note: For the text of SFAR No. 52, see part 135 of this
chapter.
14 CFR 109.5 Special Federal Aviation Regulation No. 58 -- Advanced
Qualification Program
Section
1. Purpose and eligibility.
2. Definitions.
3. Required Curriculums.
4. Indoctrination Curriculums.
5. Qualification Curriculums.
6. Continuing Qualification Curriculums.
7. Other Requirements.
8. Certification.
9. Training Devices and Simulators.
10. Approval of Advanced Qualification Program.
11. Approval of Training, Qualification, or Evaluation by a Person
Who Provides Training by Arrangement.
12. Recordkeeping requirements.
13. Expiration.
Contrary provisions of parts 61, 63, 65, 121, and 135 of the Federal
Aviation Regulations notwithstanding --
1. Purpose and Eligibility.
(a) This Special Federal Aviation Regulation provides for approval of
an alternate method (known as ''Advanced Qualification Program'' or
''AQP'') for qualifying, training, certifying, and otherwise ensuring
competency of crewmembers, aircraft dispatchers, other operations
personnel, instructors, and evaluators who are required to be trained or
qualified under parts 121 and 135 of the FAR or under this SFAR.
(b) A certificate holder is eligible under this Special Federal
Aviation Regulation if the certificate holder is required to have an
approved training program under 121.401 or 135.341 of the FAR, or
elects to have an approved training program under 135.341.
(c) A certificate holder obtains approval of each proposed curriculum
under this AQP as specified in section 10 of this SFAR.
(d) A curriculum approved under the AQP may include elements of
present Part 121 and Part 135 training programs. Each curriculum must
specify the make, model, and series aircraft (or variant) and each
crewmember position or other positions to be covered by that curriculum.
Positions to be covered by the AQP must include all flight crewmember
positions, instructors, and evaluators and may include other positions,
such as flight attendants, aircraft dispatchers, and other operations
personnel.
(e) Each certificate holder that obtains approval of an AQP under
this SFAR shall comply with all of the requirements of that program.
2. Definitions. As used in this SFAR:
Curriculum means a portion of an Advanced Qualification Program that
covers one of three program areas: (1) indoctrination, (2)
qualification, or (3) continuing qualification. A qualification or
continuing qualification curriculum addresses the required training and
qualification activities for a specific make, model, and series aircraft
(or variant) and for a specific duty position.
Evaluator means a person who has satisfactorily completed training
and evaluation that qualifies that person to evaluate the performance of
crewmembers, instructors, other evaluators, aircraft dispatchers, and
other operations personnel.
Facility means the physical environment required for training and
qualification (e.g., buildings, classrooms).
Training center means an independent organization that provides
training under contract or other arrangement to certificate holders. A
training center may be a certificate holder that provides training to
another certificate holder, an aircraft manufacturer that provides
training to certificate holders, or any non-certificate holder that
provides training to a certificate holder.
Variant means a specifically configured aircraft for which the FAA
has identified training and qualification requirements that are
significantly different from those applicable to other aircraft of the
same make, modeI, and series.
3. Required Curriculums. Each AQP must have separate curriculums for
indoctrination, qualification, and continuing qualification as specified
in sections 4, 5, and 6 of this SFAR.
4. Indoctrination Curriculums. Each indoctrination curriculum must
include the following:
(a) For newly hired persons being trained under an AQP: Company
policies and operating practices and general operational knowledge.
(b) For newly hired flight crewmembers and aircraft dispatchers:
General aeronautical knowledge.
(c) For instructors: The fundamental principles of the teaching and
learning process; methods and theories of instruction; and the
knowledge necessary to use aircraft, flight training devices, flight
simulators, and other training equipment in advanced qualification
curriculums.
(d) For evaluators: Evaluation requirements specified in each
approved curriculum; methods of evaluating crewmembers and aircraft
dispatchers and other operations personnel; and policies and practices
used to conduct the kinds of evaluations particular to an advanced
qualification curriculum (e.g., proficiency and online).
5. Qualification Curriculums. Each qualification curriculum must
include the following:
(a) The certificate holder's planned hours of training, evaluation,
and supervised operating experience.
(b) A list of and text describing the training, qualification, and
certification activities, as applicable for specific positions subject
to the AQP, as follows:
(1) Crewmembers, aircraft dispatchers, and other operations
personnel. Training, evaluation, and certification activities which are
aircraft- and equipment-specific to qualify a person for a particular
duty position on, or duties related to the operation of a specific make,
model, and series aircraft (or variant); a list of and text describing
the knowledge requirements, subject materials, job skills, and each
maneuver and procedure to be trained and evaluated; the practical test
requirements in addition to or in place of the requirements of parts 61,
63, and 65; and a list of and text describing supervised operating
experience.
(2) Instructors. Training and evaluation to qualify a person to
impart instruction on how to operate, or on how to ensure the safe
operation of a particular make, model, and series aircraft (or variant).
(3) Evaluators. Training, evaluation, and certification activities
that are aircraft and equipment specific to qualify a person to evaluate
the performance of persons who operate or who ensure the safe operation
of, a particular make, model, and series aircraft (or variant).
6. Continuing Qualification Curriculums. Continuing qualification
curriculums must comply with the following requirements:
(a) General. A continuing qualification curriculum must be based on
--
(1) A continuing qualification cycle that ensures that during each
cycle each person qualified under an AQP, including instructors and
evaluators, will receive a balanced mix of training and evaluation on
all events and subjects necessary to ensure that each person maintains
the minimum proficiency level of knowledge, skills, and attitudes
required for original qualification; and
(2) If applicable, flight crewmember or aircraft dispatcher recency
of experience requirements.
(b) Continuing Qualification Cycle Content. Each continuing
qualification cycle must include at least the following:
(1) Evaluation period. An evaluation period during which each person
qualified under an AQP must receive at least one training session and a
proficiency evaluation at a training facility. The number and frequency
of training sessions must be approved by the Administrator. A training
session, including any proficiency evaluation completed at that session,
that occurs any time during the two calendar months before the last date
for completion of an evaluation period can be considered by the
certificate holder to be completed in the last calendar month.
(2) Training. Continuing qualification must include training in all
events and major subjects required for original qualification, as
follows:
(i) For pilots in command, seconds in command, flight engineers, and
instructors and evaluators: Ground training including a general review
of knowledge and skills covered in qualification training, updated
information on newly developed procedures, and safety information.
(ii) For crewmembers, aircraft dispatchers, instructors, evaluators,
and other operation personnel who conduct their duties in flight:
Proficiency training in an aircraft, flight training device, or flight
simulator on normal, abnormal, and emergency flight procedures and
maneuvers.
(iii) For instructors and evaluators who are limited to conducting
their duties in flight simulators and flight training devices:
Proficiency training in a flight training device and/or flight simulator
regarding operation of this training equipment and in operational flight
procedures and maneuvers (normal, abnormal, and emergency).
(3) Evaluations. Continuing qualification must include evaluation in
all events and major subjects required for original qualification, and
online evaluations for pilots in command and other eligible flight
crewmembers. Each person qualified under an AQP must successfully
complete a proficiency evaluation and, if applicable, an online
evaluation during each evaluation period. An individual's proficiency
evaluation may be accomplished over several training sessions if a
certificate holder provides more than one training session in an
evaluation period. The following evaluation requirements apply:
(i) Proficiency evaluations as follows:
(A) For pilots in command, seconds in command, and flight engineers:
A proficiency evaluation, portions of which may be conducted in an
aircraft, flight simulator, or flight training device as approved in the
certificate holder's curriculum which must be completed during each
evaluation period.
(B) For any other persons covered by an AQP a means to evaluate their
proficiency in the performance of their duties in their assigned tasks
in an operational setting.
(ii) Online evaluations as follows:
(A) For pilots in command: An online evaluation conducted in an
aircraft during actual flight operations under part 121 or part 135 or
during operationally (line) oriented flights, such as ferry flights or
proving flights. An online evaluation in an aircraft must be completed
in the calendar month that includes the midpoint of the evaluation
period. An online evaluation that is satisfactorily completed in the
calendar month before or the calendar month after the calendar month in
which it becomes due is considered to have been completed during the
calendar month it became due. However, in no case is an online
evaluation under this paragraph required more often than once during an
evaluation period.
(B) During the online evaluations required under paragraph
(b)(3)(ii)(A) of this section, each person performing duties as a pilot
in command, second in command, or flight engineer for that flight, must
be individually evaluated to determine whether he or she -- (1) Remains
adequately trained and currently proficient with respect to the
particular aircraft, crew position, and type of operation in which he or
she serves; and (2) Has sufficient knowledge and skills to operate
effectively as part of a crew.
(4) Recency of experience. For pilots in command and seconds in
command, and, if the certificate holder elects, flight engineers and
aircraft dispatchers, approved recency of experience requirements.
(c) Duration periods. Initially the continuing qualification cycle
approved for an AQP may not exceed 26 calendar months and the evaluation
period may not exceed 13 calendar months. Thereafter, upon
demonstration by a certificate holder that an extension is warranted,
the Administrator may approve extensions of the continuing qualification
cycle and the evaluation period in increments not exceeding 3 calendar
months. However, a continuing qualification cycle may not exceed 39
calendar months and an evaluation period may not exceed 26 calendar
months.
(d) Requalification. Each continuing qualification curriculum must
include a curriculum segment that covers the requirements for
requalifying a crewmember, aircraft dispatcher, or other operations
personnel who has not maintained continuing qualification.
7. Other Requirements. In addition to the requirements of sections
4, 5, and 6, each AQP qualification and continuing qualification
curriculum must include the following requirements:
(a) Approved Cockpit Resource Management (CRM) Training applicable to
each position for which training is provided under an AQP.
(b) Approved training on and evaluation of skills and proficiency of
each person being trained under an AQP to use their cockpit resource
management skills and their technical (piloting or other) skills in an
actual or simulated operations scenario. For flight crewmembers this
training and evaluation must be conducted in an approved flight training
device or flight simulator.
(c) Data collection procedures that will ensure that the certificate
holder provides information from its crewmembers, instructors, and
evaluators that will enable the FAA to determine whether the training
and evaluations are working to accomplish the overall objectives of the
curriculum.
8. Certification. A person enrolled in an AQP is eligible to receive
a commercial or airline transport pilot, flight engineer, or aircraft
dispatcher certificate or appropriate rating based on the successful
completion of training and evaluation events accomplished under that
program if the following requirements are met:
(a) Training and evaluation of required knowledge and skills under
the AQP must meet minimum certification and rating criteria established
by the Administrator in parts 61, 63, or 65. The Administrator may
accept substitutes for the practical test requirements of parts 61, 63,
or 65, as applicable.
(b) The applicant satisfactorily completes the appropriate
qualification curriculum.
(c) The applicant shows competence in required technical knowledge
and skills (e.g., piloting) and cockpit resource management knowledge
and skills in scenarios that test both types of knowledge and skills
together.
(d) The applicant is otherwise eligible under the applicable
requirements of part 61, 63, or 65.
9. Training Devices and Simulators.
(a) Qualification and approval of flight training devices and flight
simulators. (1) Any training device or simulator that will be used in
an AQP for one of the following purposes must be evaluated by the
Administrator for assignment of a flight training device or flight
simulator qualification level:
(i) Required evaluation of individual or crew proficiency.
(ii) Training activities that determine if an individual or crew is
ready for a proficiency evaluation.
(iii) Activities used to meet recency of experience requirements.
(iv) Line Operational Simulations (LOS).
(2) To be eligible to request evaluation for a qualification level of
a flight training device or flight simulator an applicant must --
(i) Hold an operating certificate; or
(ii) Be a training center that has applied for authorization to the
Administrator or has been authorized by the Administrator to conduct
training or qualification under an AQP.
(3) Each flight training device or flight simulator to be used by a
certificate holder or training center for any of the purposes set forth
in paragraph (a)(1) of this section must --
(i) Be, or have been, evaluated against a set of criteria established
by the Administrator for a particular qualification level of simulation;
(ii) Be approved for its intended use in a specified AQP; and
(iii) Be part of a flight simulator or flight training device
continuing qualification program approved by the Administrator.
(b) Approval of other Training Equipment. (1) Any training device
that is intended to be used in an AQP for purposes other than those set
forth in paragraph (a)(1) of this section must be approved by the
Administrator for its intended use.
(2) An applicant for approval of a training device under this
paragraph must identify the device by its nomenclature and describe its
intended use.
(3) Each training device approved for use in an AQP must be part of a
continuing program to provide for its serviceability and fitness to
perform its intended function as approved by the Administrator.
10. Approval of Advanced Qualification Program.
(a) Approval Process. Each applicant for approval of an AQP
curriculum under this SFAR shall apply for approval of that curriculum.
Application for approval is made to the certificate holder's FAA Flight
Standards District Office.
(b) Approval Criteria. An application for approval of an AQP
curriculum will be approved if the program meets the following
requirements:
(1) It must be submitted in a form and manner acceptable to the
Administrator.
(2) It must meet all of the requirements of this SFAR.
(3) It must indicate specifically the requirements of parts 61, 63,
65, 121 or 135, as applicable, that would be replaced by an AQP
curriculum. If a requirement of parts 61, 63, 65, 121, or 135 is
replaced by an AQP curriculum, the certificate holder must show how the
AQP curriculum provides an equivalent level of safety for each
requirement that is replaced. Each applicable requirement of parts 61,
63, 65, 121 or 135 that is not specifically addressed in an AQP
curriculum continues to apply to the certificate holder.
(c) Application and Transition. Each certificate holder that applies
for one or more advanced qualification curriculums or for a revision to
a previously approved curriculum must comply with 121.405 or 135.325,
as applicable, and must include as part of its application a proposed
transition plan (containing a calendar of events) for moving from its
present approved training to the advanced qualification training.
(d) Advanced Qualification Program Revisions or Rescissions of
Approval. If after a certificate holder begins operations under an AQP,
the Administrator finds that the certificate holder is not meeting the
provisions of its approved AQP, the Administrator may require the
certificate holder to make revisions in accordance with 121.405 or
135.325, as applicable, or to submit and obtain approval for a plan
(containing a schedule of events) that the certificate holder must
comply with and use to transition to an approved Part 121 or Part 135
training program, as appropriate.
11. Approval of Training, Qualification, or Evaluation by a Person
who Provides Training by Arrangement.
(a) A certificate holder under part 121 or part 135 may arrange to
have AQP required training, qualification, or evaluation functions
performed by another person (a training center) if the following
requirements are met:
(1) The training center's training and qualification curriculums,
curriculum segments, or portions of curriculum segments must be
provisionally approved by the Administrator. A training center may
apply for provisional approval independently or in conjunction with a
certificate holder's application for AQP approval. Application for
provisional approval must be made to the FAA's Flight Standards District
Office that has responsibility for the training center.
(2) The specific use of provisionally approved curriculums,
curriculum segments, or portions of curriculum segments in a certificate
holder's AQP must be approved by the Administrator as set forth in
section 10 of this SFAR.
(b) An applicant for provisional approval of a curriculum, curriculum
segment, or portion of a curriculum segment under this paragraph must
show that the following requirements are met:
(1) The applicant must have a curriculum for the qualification and
continuing qualification of each instructor or evaluator employed by the
applicant.
(2) The applicant's facilities must be found by the Administrator to
be adequate for any planned training, qualification, or evaluation for a
part 121 or part 135 certificate holder.
(3) Except for indoctrination curriculums, the curriculum, curriculum
segment, or portion of a curriculum segment must identify the specific
make, model, and series aircraft (or variant) and crewmember or other
positions for which it is designed.
(c) A certificate holder who wants approval to use a training
center's provisionally approved curriculum, curriculum segment, or
portion of a curriculum segment in its AQP, must show that the following
requirements are met:
(1) Each instructor or evaluator used by the training center must
meet all of the qualification and continuing qualification requirements
that apply to employees of the certificate holder that has arranged for
the training, including knowledge of the certificate holder's
operations.
(2) Each provisionally approved curriculum, curriculum segment, or
portion of a curriculum segment must be approved by the Administrator
for use in the certificate holder's AQP. The Administrator will either
provide approval or require modifications to ensure that each
curriculum, curriculum segment, or portion of a curriculum segment is
applicable to the certificate holder's AQP.
12. Recordkeeping Requirements. Each certificate holder and each
training center holding AQP provisional approval shall show that it will
establish and maintain records in sufficient detail to establish the
training, qualification, and certification of each person qualified
under an AQP in accordance with the training, qualification, and
certification requirements of this SFAR.
13. Expiration. This Special Federal Aviation Regulation terminates
on October 2, 1995 unless sooner terminated.
(SFAR-58, 55 FR 40275, Oct. 2, 1990)
14 CFR 109.5 Subpart A -- General
14 CFR 121.1 Applicability.
(a) Except as prescribed in paragraph (b) of this section, this part
prescribes rules governing the certification and operations of the
following:
(1) Each air carrier engaging in interstate or overseas air
transportation under a certificate of public convenience and necessity
or other appropriate economic authority issued by the CAB.
(2) Each air carrier engaging in foreign air transportation under a
certificate of public convenience and necessity or other appropriate
economic authority issued by the CAB.
(3) Each air carrier covered by paragraph (a) (1) or (2) of this
section when engaging in charter flights or other special service
operations.
(4) Each supplemental air carrier when it engages in the carriage of
persons or property in air commerce for compensation or hire.
(5) Each commercial operator when it engages in the carriage of
persons or property in air commerce for compensation or hire --
(i) With large aircraft other than airplanes; or
(ii) As a common carrier solely between places entirely within any
state of the United States, with airplanes having a seating capacity of
more than 30 passengers or a maximum payload capacity of more than 7,500
pounds.
(6) Each air carrier when it engages in all-cargo air service under a
certificate issued by the CAB under section 418 of the Federal Aviation
Act of 1958.
(b) This part does not apply to operations conducted under part 127,
133, or 135 of this chapter, or emergency mail service conducted under
section 405(h) of the Federal Aviation Act of 1958.
(c) In addition, this part prescribes rules governing --
(1) Each person employed or used by an air carrier or commercial
operator in operations under this part, including the maintenance,
preventive maintenance and alteration of aircraft; and
(2) Each person who applies for provisional approval of an Advanced
Qualification Program curriculum, curriculum segment, or portion of a
curriculum segment under SFAR No. 58 and each person employed or used
by an air carrier or commercial operator under this part to perform
training, qualification, or evaluation functions under an Advanced
Qualification Program under SFAR No. 58; and
(3) Each person who is on board an aircraft being operated under this
part.
(d) For the purpose of this part, passenger-carrying airplane or
passenger-carrying operation means one carrying any person other than a
person listed in 121.583.
(e) For the purpose of this part, passenger-carrying aircraft or
passenger-carrying operation means one carrying any person other than a
flight crewmember or other crewmember, company employee, authorized
government representative, or person accompanying a shipment.
(f) This part does not apply to operations conducted under 91.321.
(Doc. No. 6258, 29 FR 19190, Dec. 31, 1964, as amended by Amdt.
121-3, 30 FR 3638, Mar. 9, 1965; Amdt. 121-56, 35 FR 161, Jan. 6, 1970;
Amdt. 121-67, 35 FR 14612, Sept. 18, 1970; 35 FR 16041, Oct. 13,
1970; Amdt. 121-139, 43 FR 1790, Jan. 12, 1978; Amdt. 121-160, 45 FR
43162, June 26, 1980; Amdt. 121-164, 45 FR 67235, Oct. 9, 1980; Amdt.
121-206, 54 FR 34331, Aug. 18, 1989; Amdt. 121-219, 55 FR 40277, Oct.
2, 1990)
14 CFR 121.3 Certification requirements: General.
(a) Except as provided in paragraphs (b) and (h) of this section, no
person may engage in scheduled interstate air transportation within the
48 contiguous States or the District of Columbia without, or in
violation of, a domestic air carrier operating certificate and
appropriate operations specifications issued under this part. An air
carrier holding such a certificate is hereafter in this part referred to
as a domestic air carrier.
(b) The Administrator may authorize any air carrier holding authority
to engage in scheduled cargo operations under Title IV of the Federal
Aviation Act to conduct those operations under the certification and
operation rules applicable to carriers covered by paragraph (e) of this
section.
(c) Except as provided in paragraphs (d) and (h) of this section, no
person may engage in scheduled air transportation, other than that
described in paragraph (a) of this section, without, or in violation of,
a flag air carrier operating certificate and appropriate operations
specifications issued under this part. An air carrier holding such a
certificate is hereafter in this part referred to as a flag air carrier.
(d) A domestic air carrier may, in the case of segments of routes
extending outside the 48 contiguous States and the District of Columbia,
be authorized to conduct operations over those route segments under the
domestic air carrier certification and operation rules.
(e) No person may engage in air transportation (other than that
described in paragraph (a), (c), or (h) of this section) without, or in
violation of, a supplemental air carrier operating certificate and
appropriate operations specifications issued under this part. An air
carrier holding a supplemental air carrier certificate is hereafter in
this part referred to as a supplemental air carrier.
(f) No person (except a person covered by paragraph (a), (b), (c),
(d), or (e) of this section) may engage in the carriage of persons or
property for compensation or hire in air commerce without, or in
violation of a commercial operator operating certificate and appropriate
operations specifications issued under this part.
(g) A domestic or flag air carrier or an air carrier holding a
certificate under part 127 is not eligible for or required to obtain a
separate certificate for operations under paragraph (e) or (f) of this
section, but must obtain authority to conduct those operations by
appropriate amendments to its operations specifications.
(h) No person may engage in air transportation under the authority of
an all-cargo air service certificate issued by the CAB under section 418
of the Federal Aviation Act of 1958, unless that person complies with
the certification and operating rules of this part applicable to
supplemental air carriers, except 121.590. However, the Administrator
may issue operations specifications for those operations and allow or
require a certificate holder to comply with operating rules prescribed
for domestic or flag air carriers, in lieu of the supplemental air
carrier operating rules, if he determines that safety in air commerce
requires or allows their issuance. The holder of a domestic, flag or
supplemental air carrier certificate issued under this part or an air
carrier certificate issued under part 127 of this chapter need not
obtain, and is not eligible for, an all-cargo air carrier certificate
issued under this part. Those certificate holders are issued
appropriate operations specifications.
(i) No holder of an air carrier operating certificate may operate or
list on any required listing of its aircraft any aircraft listed on any
operations specifications issued under part 125 of this chapter.
(Doc. No. 6258, 29 FR 19190, Dec. 31, 1964, as amended by Amdt.
121-3, 30 FR 3638, Mar. 19, 1965; Amdt. 121-139, 43 FR 1790, Jan. 12,
1978; Amdt. 121-144, 43 FR 22646, May 25, 1978; Amdt. 121-192, 52 FR
20028, May 28, 1987)
14 CFR 121.4 Applicability of rules to unauthorized operators.
The rules in this part which refer to a person certificated under
121.3 apply also to any person who engages in an operation governed by
this part without the appropriate certificate and operations
specifications required by 121.3.
(Doc. No. 11675, Amdt. 121-98, 37 FR 20937, Oct. 5, 1972)
14 CFR 121.5 Charter flights or other special service operation: Flag
and domestic air carriers.
Each flag or domestic air carrier, or air carrier holding an
operating certificate under part 127 shall conduct the following
operations under the rules of this part applicable to supplemental air
carriers and commercial operators:
(a) Any charter flight or other special service conducted over routes
into airports listed in its operations specifications, unless the air
carrier obtains authority from the Administrator to conduct those
operations under the rules that would otherwise apply to that air
carrier's operations.
(b) Any charter flight or other special service that involves, in
whole or in part, off-route operations.
(Doc. No. 6258, 29 FR 19190, Dec. 31, 1964)
14 CFR 121.6 Leasing of aircraft.
(a) Prior to conducting operations, each certificate holder must
provide the Administrator a copy or a written memorandum of the terms of
any leasing arrangement whereby that certificate holder agrees to
provide a large aircraft and at least a pilot flight crewmember to
another person certificated under this part 121, and 123, or 135 of the
Federal Aviation Regulations or engaged in the operation of a foreign
air carrier or other foreign airline.
(b) Upon receiving a copy of an agreement, or a written memorandum of
the terms thereof, the Administrator determines which party to the
agreement is conducting the operation and issues an amendment to the
certificate holder's operations specifications containing the following:
(1) The names of the parties to the agreement and the duration
thereof.
(2) The nationality and registration numbers of each aircraft
involved in the agreement.
(3) The type of operation (e.g. scheduled, passenger, etc.).
(4) The areas of operation.
(5) The regulations of this chapter applicable to the operation.
(6) A statement of the economic authority, if available.
(c) In making a determination under paragraph (b) of this section,
the Administrator considers the responsibility under the agreement for
the following:
(1) Crewmembers and training.
(2) Airworthiness and performance of maintenance.
(3) Dispatch.
(4) Servicing the aircraft.
(5) Scheduling.
(6) Any other factor the Administrator considers relevant.
(Amdt. 121-70, 35 FR 17038, Nov. 5, 1970, as amended by Amdt.
121-95, 37 FR 18716, Sept. 15, 1972)
14 CFR 121.7 Common carriage by commercial operator.
An applicant for a commercial operator certificate, or a commercial
operator, who carries or intends to carry passengers for compensation or
hire as a common carrier between two points entirely within any State
with the frequency set forth in paragraph (a) or (b) of this section
shall show that it is able to, and will conduct, those operations under
the rules applicable to domestic air carriers or any other rules that
the Administrator finds to be necessary to provide an appropriate level
of safety for the operation:
(a) Two flights, or one round trip a week on the same day or days of
the week for eight or more weeks in any 90 consecutive days.
(b) A total of 36 or more flights or 18 or more round trips in any 90
consecutive days.
(Doc. No. 6258, 29 FR 19190, Dec. 31, 1964, as amended by Amdt.
121-131, 41 FR 53777, Dec. 9, 1976)
14 CFR 121.9 Operations of airplanes having a maximum passenger seating
configuration of 30 seats or less and a maximum payload capacity of
7,500 pounds or less.
No person may conduct operations with an airplane having a maximum
passenger seating configuration, excluding any pilot seat, of 30 seats
or less and a maximum payload capacity of 7,500 pounds or less, unless
those operations are conducted under part 135 of this chapter, except
135.5, 135.17, 135.27, 135.29, 135.31, 135.35, 135.37, and 135.39, and
appropriate operations specifications in place of subparts E through V
of this part. However, the holder of an air carrier operating
certificate issued under this part may maintain its airplanes operated
under part 135 of this chapter under a continuous airworthiness
maintenance program that meets subpart L of this part and operations
specifications issued to it under this part. Operations specifications
issued under this section contain the operating limitations and
requirements that the Administrator finds necessary.
(Amdt. 121-147, 43 FR 46782, Oct. 10, 1978, as amended at 44 FR
26737, May 7, 1979)
14 CFR 121.11 Rules applicable to operations in a foreign country.
Each certificate holder shall, while operating an airplane within a
foreign country, comply with the air traffic rules of the country
concerned and the local airport rules, except where any rule of this
part is more restrictive and may be followed without violating the rules
of that country.
(Amdt. 121-143, 43 FR 22641, May 25, 1978)
14 CFR 121.13 Rules applicable to helicopter operations: deviation
authority.
(a) Each person operating a helicopter under this part shall comply
with 121.5, 121.11, 121.15, subpart C (except holders of certificates
under part 127), subpart F (except holders of certificates under part
127), subpart G, 121.153, 121.155, 121.157(e), 121.163, 121.315,
subpart L, 121.383, 121.385, 121.433, 121.435, 121.437, 121.501,
121.533 through 121.563, 121.567, 121.575, 121.586, 121.597, 121.599,
121.603, 121.609, 121.611 through 121.617, 121.623 through 121.631,
121.647, 121.653, 121.655, 121.657, 121.659, 121.665, 121.667, and
subpart V.
(b) In addition to the rules of this part listed in paragraph (a) of
this section, each person operating a helicopter shall comply with
127.81, 127.83, 127.91, 127.93, 127.101 through 127.117, 127.119,
127.121, 127.123, 127.125, 127.127, 127.145, 127.151 through 127.161,
127.171 through 127.177, 127.231 through 127.261, and 127.301 through
127.319.
(c) The Administrator may issue operations specifications authorizing
a deviation from any specific requirement for helicopter operations if
he finds that the deviation provides a substantially equivalent standard
of safety.
(d) Upon application the Administrator may issue operations
specifications to a certificate holder, authorizing it to conduct
operations other than scheduled operations with helicopters having a
maximum passenger seating configuration, excluding any pilot seat, of 30
seats or less and a maximum payload capacity of 7,500 pounds or less
under part 135 of this chapter if he finds that safety in air commerce
and the public interest allow it. Operations specifications issued
under this paragraph contain such operating limitations and requirements
as the Administrator finds necessary.
(Doc. No. 6258, 29 FR 19190, Dec. 31, 1964, as amended by Amdt.
121-50, 34 FR 13923, Aug. 30, 1969; Amdt. 121-54, 34 FR 19134, Dec. 3,
1969; Amdt. 121-61, 35 FR 7293, May 29, 1970; Amdt. 121-133, 42 FR
18394, Apr. 7, 1977; Amdt. 121-147, 43 FR 46782, Oct. 10, 1978)
14 CFR 121.15 Carriage of narcotic drugs, marihuana, and depressant or
stimulant drugs or substances.
If the holder of a certificate issued under this part permits any
aircraft owned or leased by that holder to be engaged in any operation
that the certificate holder knows to be in violation of 91.19(a) of
this chapter, that operation is a basis for suspending or revoking the
certificate.
(Amdt. 121-50, 34 FR 13923, Aug. 30, 1969, as amended by Amdt.
121-78, 36 FR 17495, Sept. 1, 1971; Amdt. 121-206, 54 FR 34331, Aug.
18, 1989)
14 CFR 121.15 Subpart B -- Certification Rules for Domestic and Flag
Air Carriers
Source: Docket No. 6258, 29 FR 19191, Dec. 31, 1964, unless
otherwise noted.
14 CFR 121.21 Applicability.
This subpart prescribes certification rules for domestic air carriers
and flag air carriers.
14 CFR 121.23 Operations specifications not a part of certificate.
Except for those operations specifications specifying airport and
route or route segment authorizations, air carrier operations
specifications are not a part of an air carrier's operating certificate.
14 CFR 121.25 Contents of certificate and operations specifications.
(a) Each domestic and flag air carrier operating certificate contains
the following:
(1) The air carrier's name.
(2) The airports to and from which it may operate.
(3) The approved routes over which it may operate.
These airports and routes are incorporated into the air carrier
operating certificate by reference to the authorized airports and
approved routes listed in that air carrier's operations specifications.
(b) Each air carrier's operations specifications contain the
following:
(1) The kinds of operations authorized.
(2) The types of airplanes authorized for use.
(3) En route authorizations and limitations.
(4) Airport authorizations.
(5) Airport limitations.
(6) Time limitations, or standards for determining time limitations,
for overhauls, inspections, and checks of airframes, engines,
propellers, appliances and emergency equipment.
(7) Procedures for control of weight and balance of airplanes.
(8) Interline equipment interchange requirements, if relevant.
(9) Any other item that the Administrator determines is necessary to
cover a particular situation.
(Doc. No. 6258, 29 FR 19191, Dec. 31, 1964, as amended by Amdt.
121-106, 38 FR 22377, Aug. 20, 1973)
14 CFR 121.26 Application for domestic or flag air carrier operator
certificates.
Each application for a domestic or flag air carrier operating
certificate shall be made in the form and manner and contain information
prescribed by the Administrator. Each applicant must submit his
application at least 60 days before the date of intended operation.
(Amdt. 121-143, 43 FR 22641, May 25, 1978)
14 CFR 121.27 Issue of certificate.
(a) An applicant under this subpart is entitled to an operating
certificate if --
(1) He holds a certificate of public convenience and necessity or
other appropriate economic authority issued by the Civil Aeronautics
Board; and
(2) The Administrator, after investigation, finds that the applicant
is properly and adequately equipped and able to conduct a safe operation
in accordance with this part and operations specifications issued under
this part.
(b) In the case of operations conducted under a temporary
authorization issued by the Civil Aeronautics Board, the Administrator
issues operations specifications prescribing appropriate requirements
that deviate from the requirements of this part whenever, after
investigation, he finds that general standards of safety for such an
operation require or allow a deviation from such a requirement for a
particular operation or class of operations for which an application for
an air carrier operating certificate has been made.
(c) Whenever, after investigation, the Administrator determines that
the general standards of safety for flag air carrier operations
conducted --
(1) Between points in Alaska; or
(2) Under a temporary authorization issued by the Civil Aeronautics
Board; require or allow a deviation from any requirement of this part
for a particular operation or class of operations for which an
application for an air carrier operating certificate has been made, he
issues operations specifications prescribing appropriate requirements
that deviate from the requirements of this part.
(Doc. No. 6258, 29 FR 19191, Dec. 31, 1964, as amended by Amdt.
121-54, 34 FR 19134, Dec. 3, 1969)
14 CFR 121.29 Duration of certificate.
(a) An air carrier operating certificate issued under this subpart is
effective until termination of the certificate of public convenience and
necessity or other economic authority issued by the Civil Aeronautics
Board to the air carrier or until it is surrendered or the Administrator
suspends, revokes, or otherwise terminates it.
(b) If the Administrator suspends or revokes such an air carrier
operating certificate, the holder of that certificate shall return it to
the Administrator.
14 CFR 121.29 Subpart C -- Certification Rules for Supplemental Air
Carriers and Commercial Operators
Source: Docket No. 6258, 29 FR 19192, Dec. 31, 1964, unless
otherwise noted.
14 CFR 121.41 Applicability.
This subpart prescribes certification rules for supplemental air
carriers and commercial operators.
14 CFR 121.43 Operations specifications not a part of certificate.
Operations specifications are not a part of a supplemental air
carrier or commercial operator operating certificate.
14 CFR 121.45 Contents of certificate and operations specifications.
(a) Each certificate issued under this subpart contains the
following:
(1) The holder's name.
(2) A description of the operations authorized.
(3) The date it is issued.
(4) The date it terminates in a commercial operator operating
certificate.
(b) The operations specifications issued under this subpart contain
the following:
(1) The kinds of operations authorized.
(2) The types and registration numbers of aircraft authorized for
use.
(3) En route authorizations and limitations, including areas of
operation.
(4) Special airport authorizations.
(5) Special airport limitations.
(6) Time limitations, or standards for determining time limitations,
for overhauls, inspections, and checks of airframes, aircraft engines,
propellers, appliances and emergency equipment.
(7) Procedures for control of weight and balance of aircraft.
(8) Any other item that the Administrator determines is necessary to
cover a particular situation.
(Doc. No. 6258, 29 FR 19192, Dec. 31, 1964, as amended by Amdt.
121-27, 32 FR 6272 Apr. 21, 1967; Amdt. 121-106, 38 FR 22377, Aug. 20,
1973)
14 CFR 121.47 Application for supplemental air carrier and commercial
operator certificates.
(a) Each applicant for the original issue of a supplemental air
carrier operating certificate or for the original issue or renewal of a
commercial operator operating certificate must submit his application in
a form and manner prescribed by the Administrator to the FAA Flight
Standards District Office in whose area the applicant proposes to
establish or has established his principal operations base. Each
applicant must submit an application at least 60 days before the date of
intended operations (in the case of an original application) or 60 days
before the date the certificate terminates (in the case of a renewal
application).
(b) Each application submitted under paragraph (a) of this section
must contain a signed statement showing the following:
(1) For corporate applicants:
(i) The name and address of each stockholder who owns five percent or
more of the total voting stock of the corporation, and if that
stockholder is not the sole beneficial owner of the stock, the name and
address of each beneficial owner. An individual is considered to own
the stock owned, directly or indirectly, by or for his spouse, his
children, his grandchildren, or his parents.
(ii) The name and address of each director and each officer, and each
person employed or who will be employed in a management position
described in 121.59.
(iii) The name and address of each person directly or indirectly
controlling or controlled by the applicant, and each person under direct
or indirect control with the applicant.
(2) For non-corporate applicants:
(i) The name and address of each person having a financial interest
therein and the nature and extent of that interest.
(ii) The name and address of each person employed or who will be
employed in a management position described in 121.59.
(c) In addition, each applicant for the original issue or renewal of
a commercial operator certificate must submit with the application a
signed statement showing --
(1) The financial information listed in 121.49; and
(2) The nature and scope of its intended operation, including the
name and address of each person, if any, with whom the applicant has a
contract to provide services as a commercial operator and the scope,
nature, date, and duration of each of those contracts.
(d) Each applicant for, or holder of, a certificate issued under this
subpart, shall notify the Administrator within 10 days after --
(1) A change in any of the persons, or the names and addresses of any
of the persons, submitted to the Administrator under paragraph (b) (1)
or (2) of this section; or
(2) A change in the financial information submitted to the
Administrator under 121.49 that occurs while the application for the
issue or renewal is pending before the FAA and that would make the
applicant's financial situation substantially less favorable than
originally reported.
(Doc. No. 6258, 29 FR 19192, Dec. 31, 1964, as amended by Amdt.
121-27, 32 FR 6272, Apr. 21, 1967; Amdt. 121-143, 43 FR 22641, May 25,
1978; Amdt. 121-207, 54 FR 39293, Sept. 25, 1989)
14 CFR 121.48 Commercial operator: Financial statement preparation and
certification.
Each financial statement containing financial information required by
121.49 and 121.55 must be based on accounts prepared and maintained on
an accrual basis in accordance with generally accepted accounting
principles applied on a consistent basis, and must contain the name and
address of the applicant's public accounting firm, if any. Information
submitted must be signed by an officer, owner, or partner of the
applicant or certificate holder.
(Amdt. 121-62, 35 FR 7642, May 16, 1970)
14 CFR 121.49 Commercial operator: Financial information required for
original issue or renewal.
Each applicant for the original issue or renewal of a commercial
operator certificate must submit the following financial information:
(a) A balance sheet that shows assets, liabilities, and net worth, as
of a date not more than 60 days before the date of application.
(b) In the case of an application for renewal, the most recent profit
and loss statement required to be submitted under 121.55. Also, if the
application for renewal is filed more than 60 days after the date of the
applicant's most recent profit and loss statement submitted under
121.55, the applicant must submit a supplementary profit and loss
statement covering the period from the date of the most recent statement
to a date not more than 60 days before the date of application for
renewal. The applicant shall submit a list of each contract that gave
rise to operating income on the supplementary profit and loss statement,
including the names and addresses of the contracting parties and the
nature, scope, date, and duration of each contract.
(c) An itemization of liabilities more than 60 days past due on the
balance sheet date, if any, showing each creditor's name and address, a
description of the liability, and the amount and due date of the
liability.
(d) An itemization of claims in litigation, if any, against the
applicant as of the date of application showing each claimant's name and
address and a description and the amount of the claim.
(e) In the case of an application for original issue, a detailed
projection of the proposed operation covering 6 complete months after
the month in which the certificate is expected to be issued including --
(1) Estimated amount and source of both operating and nonoperating
revenue, including identification of its existing and anticipated income
producing contracts and estimated revenue per mile or hour of operation
by aircraft type;
(2) Estimated amount of operating and nonoperating expenses by
expense objective classification; and
(3) Estimated net profit or loss for the period.
(f) An estimate of the cash that will be needed for the proposed
operations during the first 6 months after the month in which the
certificate is expected to be issued, including --
(1) Acquisition of property and equipment (explain);
(2) Retirement of debt (explain);
(3) Additional working capital (explain);
(4) Operating losses other than depreciation and amortization
(explain); and
(5) Other (explain).
(g) An estimate of the cash that will be available during the first 6
months after the month in which the certificate is expected to be
issued, from --
(1) Sale of property or flight equipment (explain);
(2) New debt (explain);
(3) New equity (explain);
(4) Working capital reduction (explain);
(5) Operations (profits) (explain);
(6) Depreciation and amortization (explain); and
(7) Other (explain).
(h) A schedule of insurance coverage in effect on the balance sheet
date showing insurance companies; policy numbers; types, amounts, and
periods of coverage; and special conditions, exclusions, and
limitations.
(i) Any other financial information that the Administrator requires
to enable him to determine that the applicant has sufficient financial
resources to conduct his operations with the degree of safety required
in the public interest.
(Amdt. 121-62, 35 FR 7642, May 16, 1970)
14 CFR 121.51 Issue of certificate.
(a) An applicant for a certificate under this subpart is entitled to
the certificate if he is a citizen of the United States and the
Administrator, after investigation (including any necessary verification
of financial and other information submitted) finds that the applicant
--
(1) Holds the economic authority required by the Civil Aeronautics
Board, if any;
(2) Is not disqualified under paragraph (b) of this section; and
(3) Is properly and adequately equipped and able to conduct a safe
operation in accordance with the requirements of this part and the
operations specifications provided for in this part.
(b) The Administrator may deny an application for a certificate under
this subpart if he finds --
(1) That an air carrier or commercial operator certificate previously
issued to the applicant was revoked;
(2) That a person who was employed in a management position similar
to any listed under 121.59 with (or has exercised control with respect
to) any air carrier or commercial operator whose operating certificate
has been revoked, will be employed in any of those positions or a
similar position (or will be in control of or have a substantial
ownership interest in the applicant), and that the person's employment
or control contributed materially to the reasons for revoking that
certificate; or
(3) In the case of an applicant for a commercial operator
certificate, that for financial reasons the applicant is not able to
conduct a safe operation.
14 CFR 121.53 Duration of certificate.
(a) A supplemental air carrier operating certificate issued under
this subpart is effective until termination of the certificate of public
convenience and necessity or other economic authority issued by the
Civil Aeronautics Board to the air carrier or until it is surrendered or
the Administrator suspends, revokes, or otherwise terminates it.
(b) A commercial operator operating certificate is effective for 1
year. However, a certificate issued to an applicant who has held
operating certificates continuously for at least 4 years immediately
preceding the date of issuance, is issued without a specific expiration
date.
(c) The Administrator may suspend or revoke a certificate under
section 609 of the Federal Aviation Act of 1958 and the applicable
procedures of part 13 of this chapter for any cause that, at the time of
suspension or revocation, would have been grounds for denying an
application for a certificate.
(d) Any certificate issued under this subpart ceases to be effective
if it is surrendered, suspended, or revoked.
(e) If the Administrator suspends or revokes a certificate or it is
otherwise terminated, the holder of that certificate shall return it to
the Administrator.
(f) Each operating certificate with commercial operator authority for
the operations of airplanes issued under this part and in effect
February 2, 1981 terminates January 1, 1983, unless the certificate
holder applies to:
(1) Conduct its operations in accordance with the air carrier rules
of part 121; or
(2) Conduct common carriage operations solely between points entirely
within any state of the United States using airplanes having a seating
capacity of more than 30 passengers or a maximum payload capacity of
more than 7,500 pounds.
If the certificate holder makes timely application in accordance with
this paragraph, a certificate continues in effect until final FAA action
is taken on the application.
(Amdt. 121-62, 35 FR 7643, May 16, 1970, as amended by Amdt.
121-164, 45 FR 67235, Oct. 9, 1980; Amdt. 121-169A, 46 FR 10903, Feb.
5, 1981)
14 CFR 121.55 Commercial operator: Periodic financial reports.
Each holder of a commercial operator operating certificate shall
submit a financial report for the first 6 months of each fiscal year and
another financial report for each complete fiscal year. If a commercial
operator operating certificate is suspended for more than 29 days, the
certificate holder shall submit a financial report as of the last day of
the month in which the suspension is terminated. The report required to
be submitted by this section shall be submitted within 60 days of the
last day of the period covered by the report and must include --
(a) A balance sheet that shows assets liabilities, and net worth on
the last day of the reporting period;
(b) The information required by 121.49 (c), (h), and (i);
(c) An itemization of claims in litigation against the applicant, if
any, as of the last day of the period covered by the report;
(d) A profit and loss statement with separation of items relating to
applicant's commercial operator activities from his other business
activities, if any; and
(e) A list of each contract that gave rise to operating income on the
profit and loss statement, including the names and addresses of the
contracting parties and the nature, scope, date, and duration of each
contract.
(Amdt. 121-62, 35 FR 7643, May 16, 1970, as amended by Amdt.
121-130, 41 FR 47229, Oct. 28, 1976)
14 CFR 121.57 Obtaining waivers and authority for deviations.
(a) The Administrator may, upon application by the supplemental air
carrier or commercial operator, authorize deviations from the applicable
requirements of this part, by an appropriate amendment to the operations
specifications, for military contract or for emergency operations. The
Administrator may, at any time, terminate any grant of deviation
authority or waiver issued under this section. Each supplemental air
carrier and commercial operator authorized deviations under this section
shall comply with the terms of the authorization when conducting
operations affected thereby.
(b) If, in the case of military contracts, the Department of Defense
certifies to the Administrator that an operation is essential to the
national defense and requires a requested deviation, and the
Administrator finds that the deviation is not based on an economic
advantage or convenience to the air carrier or commercial operator or
the United States, the Administrator may authorize deviations for --
(1) Operations conducted under a contract with an armed force as the
primary contractor; or
(2) Operations conducted for an armed force under a subcontract with
a primary contractor.
(c) In emergency conditions the Administrator may authorize
deviations for operations if those conditions necessitate the
transportation of persons or supplies for the protection of life or
property, and he finds that a deviation is necessary for the expeditious
conduct of the operation.
(d) The Administrator may, by an appropriate amendment to the
operations specifications, waive, in whole or in part, submission of the
financial information required from a commercial operator in a renewal
application or supplemental periodic financial report if --
(1) Application for the waiver is filed at least 30 days before the
information is due; and
(2) The Administrator finds that the submission is not required in
the public interest, based on information as to the operator's --
(i) Financial standing;
(ii) Management; and
(iii) Kind of operations.
The filing of an application for a waiver under this paragraph does
not automatically extend the time for submitting the required
information.
14 CFR 121.59 Management personnel required.
(a) Each applicant for a certificate under this subpart must show
that it has enough qualified management personnel to provide the highest
degree of safety in its operations and that those personnel are employed
on a full-time basis in the following or equivalent positions:
(1) General manager.
(2) Director of operations (who may be the general manager if
qualified).
(3) Director of maintenance.
(4) Chief pilot.
(5) Chief inspector.
(b) Upon application by the supplemental air carrier or commercial
operator the Administrator may approve different positions or numbers of
positions than those listed in paragraph (a) of this section for a
particular operation if the air carrier or commercial operator shows
that it can perform the operation with the highest degree of safety
under the direction of fewer or different categories of management
personnel due to --
(1) The kind of operation involved;
(2) The number and type of aircraft used; and
(3) The area of operations.
The title and number of positions so approved are set forth in the
operations specifications of the air carrier or commercial operator.
(c) Each supplemental air carrier and commercial operator shall --
(1) Set forth the duties, responsibilities, and authority, of the
personnel required by this section, in the general policy section of the
air carrier manual or commercial operator manual;
(2) List in the manual the names and addresses of the persons
assigned to those positions; and
(3) Within at least 10 days, notify the FAA Flight Standards District
Office charged with the overall inspection of the air carrier or
commercial operator, of any change made in the assignment of persons to
the listed positions.
(Doc. No. 6258, 2958, 29 FR 19192, Dec. 31, 1964, as amended by Amdt.
121-207, 54 FR 39293, Sept. 25, 1989)
14 CFR 121.61 Management personnel: qualifications.
(a) No person may serve as director of operations unless he knows the
contents of the air carrier's or commercial operator's operations manual
and operations specifications, and the provisions of this part necessary
to the proper performance of his duties and --
(1) Holds, or has held, an airline transport pilot certificate and
has had at least three years of experience as pilot in command of a
large aircraft; or
(2) Has had at least three years of experience as director of
operations, of an operation using large aircraft, or a position of
comparable responsibility.
(b) No person may serve as chief pilot unless that person --
(1) Holds a current airline transport pilot certificate with
appropriate ratings for at least one of the type of aircraft used;
(2) Has had at least 3 years of experience as pilot in command of a
large aircraft with an air carrier or commercial operator. However, the
administrator may grant a deviation from the requirement of this
subparagraph if he finds that the person has had equivalent aeronautical
experience; and
(3) Knows the contents of the air carrier's or commercial operator's
manual and operations specifications, and the provisions of this part
necessary to the proper performance of his duties.
(c) No person may serve as director of maintenance unless he --
(1) Holds a current mechanic certificate with either an airframe or
powerplant rating, and has had at least five years of experience in the
maintenance of large aircraft, one year of which must have been in a
supervisory capacity; and
(2) Knows the maintenance parts of the air carrier's or commercial
operator's manual and operations specifications and the applicable
maintenance provisions of this part.
(d) No person may serve as chief inspector unless he --
(1) Holds a current mechanic certificate with both airframe and
powerplant ratings, and has held these ratings for at least three years;
(2) Has had at least three years of diversified maintenance
experience on large aircraft with an air carrier, commercial operator,
or certificated repair station, one year of which must have been as a
maintenance inspector; and
(3) Knows the maintenance parts of the air carrier's or commercial
operator's manual and operations specifications, and the applicable
maintenance provisions of this part.
(Doc. No. 6258, 29 FR 19192, Dec. 31, 1964, as amended by Amdt.
121-52, 34 FR 14463, Sept. 17, 1969; Amdt. 121-143, 43 FR 22641, May
25, 1978)
14 CFR 121.61 Subpart D -- Rules Governing All Certificate Holders
Under This Part
Source: Docket No. 6258, 29 FR 19194, Dec. 31, 1964, unless
otherwise noted.
14 CFR 121.71 Applicability.
This subpart prescribes rules governing all certificate holders under
this part.
14 CFR 121.73 Availability of certificate and operations
specifications.
Each certificate holder shall make its operating certificate and
operations specifications available for inspection by the Administrator
at its principal operations office.
14 CFR 121.75 Use of operations specifications.
(a) Each certificate holder shall keep each of its employees informed
of the provisions of its operations specifications that apply to the
employee's duties and responsibilities.
(b) Each certificate holder shall maintain a complete and separate
set of its operations specifications. In addition, each certificate
holder shall insert pertinent excerpts of its operations specifications,
or reference thereto, in its manual in such a manner that they retain
their identity as operations specifications.
14 CFR 121.77 Amendment of certificate.
(a) An operating certificate issued under this part may be amended --
(1) Upon application by the holder, if the FAA Flight Standards
District Office charged with the overall inspection of the certificate
holder's operations determines that safety in air transportation (or in
air commerce, in the case of a commercial operator) and the public
interest allows the amendment; or
(2) Under section 609 of the Federal Aviation Act of 1958 (49 U.S.C.
1429) and part 13 of this chapter, if the Administrator determines that
safety in air transportation (or in air commerce, in the case of a
commercial operator) and the public interest requires the amendment.
(b) An applicant for an amendment to an operating certificate must
file its application with the Flight Standards District Office at least
15 days before the proposed effective date of that amendment, unless a
shorter filing period is allowed by that office.
(c) At any time within 30 days after refusal of the Flight Standards
District Office to approve an application for amendment, the holder may
petition the Director, Flight Standards Service, to reconsider the
refusal.
(Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as amended by Amdt.
121-150, 43 FR 52205, Nov. 9, 1978; Amdt. 121-163, 45 FR 47838, July
17, 1980; Amdt. 121-207, 54 FR 39293, Sept. 25, 1989)
14 CFR 121.79 Amendment of operations specifications.
(a) The FAA Flight Standards District Office charged with the overall
inspection of the certificate holder's operations may amend any
operations specifications issued under this part, except those that are
a part of the air carrier operating certificate --
(1) Upon application by the holder, if the Flight Standards District
Office determines that safety in air transportation (or in air commerce,
in the case of a commercial operator) and the public interest allows the
amendment; or
(2) If the Flight Standards District Office determines that safety in
air transportation (or in air commerce, in the case of a commercial
operator) and the public interest requires the amendment.
(b) In the case of an amendment under paragraph (a)(2) of this
section, the Flight Standards District Office notifies the holder, in
writing, of the proposed amendment, fixing a reasonable period (but not
less than seven days) within which the holder may submit written
information, views, and arguments on the amendment. After considering
all relevant material presented, the Flight Standards District Office
notifies the holder of any amendment adopted, or rescinds the notice.
The amendment becomes effective not less than 30 days after the holder
receives notice of it, unless the holder petitions the Director, Flight
Standards Service for amendments pertaining to flight operations to
reconsider the amendment, in which case its effective date is stayed
pending a decision by the Director. If the Flight Standards District
Office finds that there is an emergency requiring immediate action with
respect to safety in air transportation, that makes the procedure in
this paragraph impracticable or contrary to the public interest, it may
issue an amendment, effective without stay, on the date the holder
receives notice of it. In such a case, the Flight Standards District
Office incorporates the finding, and a brief statement of the reasons
for it, in the notice of the amended operations specifications to be
adopted.
(c) An applicant must file his application for an amendment of
operations specifications with the Flight Standards District Office at
least 15 days before the date that it proposes for the amendment to
become effective, unless a shorter filing period is allowed by that
office.
(d) Within 30 days after receiving from the Flight Standards District
Office a notice of refusal to approve the application for amendment, the
applicant may petition the Director, Flight Standards Service for
amendments pertaining to flight operations to reconsider the refusal to
amend.
(e) Airport and route authorizations may be amended under 121.77.
(Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as amended by Amdt.
121-150, 43 FR 52205, Nov. 9, 1978; Amdt. 121-163, 45 FR 47838, July
17, 1980; Amdt. 121-207, 54 FR 39293, Sept. 25, 1989)
14 CFR 121.81 Inspection authority.
(a) Each certificate holder shall allow the Administrator, at any
time or place, to make any inspections or tests to determine its
compliance with the Federal Aviation Act of 1958, the Federal Aviation
Regulations, its operating certificate and operations specifications, or
its eligibility to continue to hold its certificate.
(b) In the case of a supplemental air carrier or commercial operator,
these inspections and tests include inspections and tests of financial
books and records, except that the Administrator does not exercise this
authority with respect to the financial books and records of a
supplemental air carrier if the information sought can be obtained from
the Civil Aeronautics Board.
14 CFR 121.83 Change of address.
Each certificate holder shall notify the FAA Flight Standards
District Office charged with the overall inspection of its operations,
in writing, at least 30 days in advance, of any change in the address of
its principal business office, its principal operations base, or its
principal maintenance base.
(Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as amended by Amdt.
121-207, 54 FR 39293, Sept. 25, 1989)
14 CFR 121.83 Subpart E -- Approval of Routes: Domestic and Flag Air
Carriers
Source: Docket No. 6258, 29 FR 19194, Dec. 31, 1964, unless
otherwise noted.
14 CFR 121.91 Applicability.
This subpart prescribes rules for obtaining approval of routes by
domestic or flag air carriers.
14 CFR 121.93 Route requirements: General.
(a) Each domestic or flag air carrier seeking a route approval must
show --
(1) That it is able to conduct satisfactorily scheduled operations
between each regular, provisional, and refueling airport over that route
or route segment; and
(2) That the facilities and services required by 121.97 through
121.107 are available and adequate for the proposed operation.
The Administrator approves a route outside of controlled airspace if
he determines that traffic density is such that an adequate level of
safety can be assured.
(b) Paragraph (a) of this section does not require actual flight over
a route or route segment if the air carrier shows that the flight is not
essential to safety, considering the availability and adequacy of
airports, lighting, maintenance, communication, navigation, fueling,
ground, and airplane radio facilities, and the ability of the personnel
to be used in the proposed operation.
(Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as amended by Amdt.
121-3, 30 FR 3638, Mar. 19, 1965)
14 CFR 121.95 Route width.
(a) Approved routes and route segments over U.S. Federal airways or
foreign airways (and advisory routes in the case of flag air carriers)
have a width equal to the designated width of those airways or routes.
Whenever the Administrator finds it necessary to determine the width of
other approved routes, he considers the following:
(1) Terrain clearance.
(2) Minimum en route altitudes.
(3) Ground and airborne navigation aids.
(4) Air traffic density.
(5) ATC procedures.
(b) Any route widths of other approved routes determined by the
Administrator are specified in the air carrier's operations
specifications.
14 CFR 121.97 Airports: Required data.
(a) Each domestic and flag air carrier must show that each route it
submits for approval has enough airports that are properly equipped and
adequate for the proposed operation, considering such items as size,
surface, obstructions, facilities, public protection, lighting,
navigational and communications aids, and ATC.
(b) After September 9, 1981, each domestic and flag air carrier must
show that it has an approved system for obtaining, maintaining, and
distributing to appropriate personnel current aeronautical data for each
airport it uses to ensure a safe operation at that airport. The
aeronautical data must include the following:
(1) Airports.
(i) Facilities.
(ii) Public protection.
(iii) Navigational and communications aids.
(iv) Construction affecting takeoff, landing, or ground operations.
(v) Air traffic facilities.
(2) Runways, clearways and stopways.
(i) Dimensions.
(ii) Surface.
(iii) Marking and lighting systems.
(iv) Elevation and gradient.
(3) Displaced thresholds.
(i) Location.
(ii) Dimensions.
(iii) Takeoff or landing or both.
(4) Obstacles.
(i) Those affecting takeoff and landing performance computations in
accordance with Subpart I of this part.
(ii) Controlling obstacles.
(5) Instrument flight procedures.
(i) Departure procedure.
(ii) Approach procedure.
(iii) Missed approach procedure.
(6) Special information.
(i) Runway visual range measurement equipment.
(ii) Prevailing winds under low visibility conditions.
(c) If the Flight Standards District Office charged with the overall
inspection of the certificate holder's operations finds that revisions
are necessary for the continued adequacy of the certificate holder's
system for collection, dissemination, and usage of aeronautical data
that has been granted approval, the certificate holder shall, after
notification by the Flight Standards District Office, make those
revisions in the system. Within 30 days after the certificate holder
receives such notice, the certificate holder may file a petition to
reconsider the notice with the Director, Flight Standards Service. This
filing of a petition to reconsider stays the notice pending a decision
by the Director, Flight Standards Service. However, if the Flight
Standards District Office finds that there is an emergency that requires
immediate action in the interest of safety in air transportation, the
Director, Flight Standards Service may, upon statement of the reasons,
require a change effective without stay.
(Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as amended by Amdt.
121-162, 45 FR 46738, July 10, 1980; Amdt. 121-207, 54 FR 39293, Sept.
25, 1989)
14 CFR 121.99 Communications facilities.
Each domestic and flag air carrier must show that a two-way
air/ground radio communication system is available at points that will
ensure reliable and rapid communications, under normal operating
conditions over the entire route (either direct or via approved point to
point circuits) between each airplane and the appropriate dispatch
office, and between each airplane and the appropriate air traffic
control unit. For all domestic air carrier operations and for flag air
carrier operations in the 48 contiguous States and the District of
Columbia, the communications systems between each airplane and the
dispatch office must be independent of any system operated by the United
States.
14 CFR 121.101 Weather reporting facilities.
(a) Each domestic and flag air carrier must show that enough weather
reporting services are available along each route to ensure weather
reports and forecasts necessary for the operation.
(b) Except as provided in pararaph (d) of this section, no domestic
or flag air carrier may use any weather report to control flight unless
--
(1) For operations within the 48 contiguous States and the District
of Columbia, it was prepared by the U.S. National Weather Service or a
source approved by the U.S. National Weather Service; or
(2) For operations conducted outside the 48 contiguous States and the
District of Columbia, it was prepared by a source approved by the
Administrator.
(c) Each domestic or flag air carrier that uses forecasts to control
flight movements shall use forecasts prepared from weather reports
specified in paragraph (b) of this section and from any source approved
under its system adopted pursuant to paragraph (d) of this section.
(d) By December 31, 1977, each domestic and flag air carrier shall
adopt and put into use an approved system for obtaining forecasts and
reports of adverse weather phenomena, such as clear air turbulence,
thunderstorms, and low altitude wind shear, that may affect safety of
flight on each route to be flown and at each airport to be used.
(e) A domestic or flag air carrier may obtain an extension of the
December 31, 1977, compliance date specified in paragraph (d) of this
section and paragraphs (b) and (c) of 121.601, but not beyond June 30,
1978, from the Director, Flight Standards Service if, before December
31, 1977 --
(1) It shows that due to circumstances beyond its control it cannot
comply by that date; and
(2) It has submitted by that date a schedule for compliance,
acceptable to the Director, indicating that compliance will be achieved
at the earliest practicable date.
(Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as amended by Amdt.
121-27, 36 FR 13911, July 28, 1971; Amdt. 121-134, 42 FR 27573, May 31,
1977)
14 CFR 121.103 En route navigational facilities.
(a) Except as provided in paragraph (b) of this section, each
domestic and flag air carrier must show, for each proposed route, that
nonvisual ground aids are --
(1) Available over the route for navigating aircraft within the
degree of accuracy required for ATC; and
(2) Located to allow navigation to any regular, provisional,
refueling, or alternate airport, within the degree of accuracy necessary
for the operation involved.
Except for those aids required for routes to alternate airports,
nonvisual ground aids required for approval of routes outside of
controlled airspace are listed in the air carrier's operations
specifications.
(b) Nonvisual ground aids are not required for --
(1) Day VFR operations that the air carrier shows can be conducted
safely by pilotage because of the characteristics of the terrain;
(2) Night VFR operations on routes that the air carrier shows have
reliably lighted landmarks adequate for safe operation; and
(3) Operations on route segments where the use of celestial or other
specialized means of navigation is approved by the Administrator.
14 CFR 121.105 Servicing and maintenance facilities.
Each domestic and flag air carrier must show that competent personnel
and adequate facilities and equipment (including spare parts, supplies,
and materials) are available at such points along the air carrier's
route as are necessary for the proper servicing, maintenance, and
preventive maintenance of airplanes and auxiliary equipment.
14 CFR 121.107 Dispatch centers.
Each domestic and flag air carrier must show that it has enough
dispatch centers, adequate for the operations to be conducted, that are
located at points necessary to ensure proper operational control of each
flight.
14 CFR 121.107 Subpart F -- Approval of Areas and Routes for
Supplemental Air Carriers and Commercial Operators
Source: Docket No. 6258, 29 FR 19195, Dec. 31, 1964, unless
otherwise noted.
14 CFR 121.111 Applicability.
This subpart prescribes rules for obtaining approval of areas and
routes by supplemental air carriers and commercial operators.
14 CFR 121.113 Area and route requirements: General.
(a) Each supplemental air carrier or commercial operator seeking
route and area approval must show --
(1) That it is able to conduct operations within the United States in
accordance with paragraphs (a) (3) and (4) of this section;
(2) That it is able to conduct operations in accordance with the
applicable requirements for each area outside the United States for
which authorization is requested;
(3) That it is equipped and able to conduct operations over, and use
the navigational facilities associated with, the Federal airways,
foreign airways, or advisory routes (ADR's) to be used; and
(4) That it will conduct all IFR and night VFR operations over
Federal airways, foreign airways, controlled airspace, or advisory
routes (ADR's).
(b) Notwithstanding paragraph (a)(4) of this section, the
Administrator may approve a route outside of controlled airspace if the
supplemental air carrier or commercial operator shows the route is safe
for operations and the Administrator finds that traffic density is such
that an adequate level of safety can be assured. The air carrier or
commercial operator may not use such a route unless it is approved by
the Administrator and is listed in the air carrier's or commercial
operator's operations specifications.
14 CFR 121.115 Route width.
(a) Routes and route segments over Federal airways, foreign airways,
or advisory routes have a width equal to the designated width of those
airways or advisory routes. Whenever the Administrator finds it
necessary to determine the width of other routes, he considers the
following:
(1) Terrain clearance.
(2) Minimum en route altitudes.
(3) Ground and airborne navigation aids.
(4) Air traffic density.
(5) ATC procedures.
(b) Any route widths of other routes determined by the Administrator
are specified in the air carrier's or commercial operator's operations
specifications.
14 CFR 121.117 Airports: Required data.
(a) No supplemental air carrier or commercial operator may use any
airport unless it is properly equipped and adequate for the proposed
operation, considering such items as size, surface, obstructions,
facilities, public protection, lighting, navigational and communications
aids, and ATC.
(b) After September 9, 1981, each supplemental air carrier and
commercial operator must show that it has an approved system for
obtaining, maintaining, and distributing to appropriate personnel
current aeronautical data for each airport it uses to ensure a safe
operation at that airport. The aeronautical data must include the
following:
(1) Airports.
(i) Facilities.
(ii) Public protection.
(iii) Navigational and communications aids.
(iv) Construction affecting takeoff, landing, or ground operations.
(v) Air traffic facilities.
(2) Runways, clearways, and stopways.
(i) Dimensions.
(ii) Surface.
(iii) Marking and lighting systems.
(iv) Elevation and gradient.
(3) Displaced thresholds.
(i) Location.
(ii) Dimensions.
(iii) Takeoff or landing or both.
(4) Obstacles.
(i) Those affecting takeoff and landing performance computations in
accordance with Subpart I of this part.
(ii) Controlling obstacles.
(5) Instrument flight procedures.
(i) Departure procedure.
(ii) Approach procedure.
(iii) Missed approach procedure.
(6) Special information.
(i) Runway visual range measurement equipment.
(ii) Prevailing winds under low visibility conditions.
(c) If the Flight Standards District Office charged with the overall
inspection of the certificate holder's operations finds that revisions
are necessary for the continued adequacy of the certificate holder's
system for collection, dissemination, and usage of aeronautical data
that has been granted approval, the certificate holder shall, after
notification by the Flight Standards District Office, make those
revisions in the system. Within 30 days after the certificate holder
receives such notice, the certificate holder may file a petition to
reconsider the notice with the Director, Flight Standards Service. This
filing of a petition to reconsider stays the notice pending a decision
by the Director, Flight Standards Service. However, if the Flight
Standards District Office finds that there is an emergency that requires
immediate action in the interest of safety in air transportation, the
Director, Flight Standards Service may, upon a statement of the reasons,
require a change effective without stay.
(Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as amended by Amdt.
121-162, 45 FR 46738, July 10, 1980; Amdt. 121-207, 54 FR 39293, Sept.
25, 1989)
14 CFR 121.119 Weather reporting facilities.
(a) No supplemental air carrier or commercial operator may use any
weather report to control flight unless it was prepared and released by
the U.S. National Weather Service or a source approved by the Weather
Bureau. For operations outside the U.S., or at U.S. Military airports,
where those reports are not available, the air carrier or commercial
operator must show that its weather reports are prepared by a source
found satisfactory by the Administrator.
(b) Each supplemental air carrier or commercial operator that uses
forecasts to control flight movements shall use forecasts prepared from
weather reports specified in paragraph (a) of this section.
(Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as amended by Amdt.
121-76, 36 FR 13911, July 28, 1971)
14 CFR 121.121 En route navigational facilities.
(a) Except as provided in paragraph (b) of this section, no
supplemental air carrier or commercial operator may conduct any
operation over a route unless nonvisual ground aids are --
(1) Available over the route for navigating airplanes within the
degree of accuracy required for ATC; and
(2) Located to allow navigation to any airport of destination, or
alternate airport, within the degree of accuracy necessary for the
operation involved.
(b) Nonvisual ground aids are not required for --
(1) Day VFR operations that can be conducted safely by pilotage
because of the characteristics of the terrain;
(2) Night VFR operations on lighted airways or on routes that the
Administrator determines have reliable landmarks adequate for safe
operation; or
(3) Operations on route segments where the use of celestial or other
specialized means of navigation is approved.
(c) Except for those aids required for routes to alternate airports,
the nonvisual ground navigational aids that are required for approved of
routes outside of controlled airspace are specified in the air carrier's
or commercial operator's operations specifications.
14 CFR 121.123 Servicing and maintenance facilities.
Each supplemental air carrier or commercial operator must show that
competent personnel and adequate facilities and equipment (including
spare parts, supplies, and materials) are available for the proper
servicing, maintenance, and preventive maintenance of aircraft and
auxiliary equipment.
14 CFR 121.125 Flight following system.
(a) Each supplemental air carrier or commercial operator must show
that it has --
(1) An approved flight following system established in accordance
with subpart U of this part and adequate for the proper monitoring of
each flight, considering the operations to be conducted; and
(2) Flight following centers located at those points necessary --
(i) To ensure the proper monitoring of the progress of each flight
with respect to its departure at the point of origin and arrival at its
destination, including intermediate stops and diversions therefrom, and
maintenance or mechanical delays encountered at those points or stops;
and
(ii) To ensure that the pilot in command is provided with all
information necessary for the safety of the flight.
(b) A supplemental air carrier or commercial operator may arrange to
have flight following facilities provided by persons other than its
employees, but in such a case the air carrier or commercial operator
continues to be primarily responsible for operational control of each
flight.
(c) A flight following system need not provide for in-flight
monitoring by a flight following center.
(d) The supplemental air carrier's or commercial operator's
operations specifications specify the flight following system it is
authorized to use and the location of the centers.
14 CFR 121.127 Flight following system; requirements.
(a) Each supplemental air carrier or commercial operator using a
flight following system must show that --
(1) The system has adequate facilities and personnel to provide the
information necessary for the initiation and safe conduct of each flight
to --
(i) The flight crew of each aircraft; and
(ii) The persons designated by the air carrier or commercial operator
to perform the function of operational control of the aircraft; and
(2) The system has a means of communication by private or available
public facilities (such as telephone, telegraph, or radio) to monitor
the progress of each flight with respect to its departure at the point
of origin and arrival at its destination, including intermediate stops
and diversions therefrom, and maintenance or mechanical delays
encountered at those points or stops.
(b) The supplemental air carrier or commercial operator must show
that the personnel specified in paragraph (a) of this section, and those
it designates to perform the function of operational control of the
aircraft, are able to perform their required duties.
14 CFR 121.127 Subpart G -- Manual Requirements
14 CFR 121.131 Applicability.
This subpart prescribes requirements for preparing and maintaining
manuals by all certificate holders.
(Doc. No. 6258, 29 FR 19196, Dec. 31, 1964)
14 CFR 121.133 Preparation.
(a) Each domestic and flag air carrier shall prepare and keep current
a manual for the use and guidance of flight and ground operations
personnel in conducting its operations.
(b) Each supplemental air carrier and commercial operator shall
prepare and keep current a manual for the use and guidance of flight,
ground operations, and management personnel in conducting its
operations.
(c) For the purpose of this subpart, the certificate holder may
prepare that part of the manual containing maintenance information and
instructions, in whole or in part, in printed page form or microfilm.
(Doc. No. 6258, 29 FR 19196, Dec. 31, 1964, as amended by Amdt.
121-71, 35 FR 17176, Nov. 7, 1970)
14 CFR 121.135 Contents.
(a) Each manual required by 121.133 must --
(1) Include instructions and information necessary to allow the
personnel concerned to perform their duties and responsibilities with a
high degree of safety;
(2) Be in a form that is easy to revise;
(3) Have the date of last revision on each page concerned; and
(4) Not be contrary to any applicable Federal regulation and, in the
case of a flag or supplemental air carrier, any applicable foreign
regulation, or the certificate holder's operations specifications or
operating certificate.
(b) The manual may be in two or more separate parts, containing
together all of the following information, but each part must contain
that part of the information that is appropriate for each group of
personnel:
(1) General policies.
(2) Duties and responsibilities of each crewmember and appropriate
members of the ground organization and in the case of supplemental air
carriers and commercial operators, management personnel.
(3) Reference to appropriate Federal Aviation Regulations.
(4) Flight dispatching and operational control, including procedures
for coordinated dispatch or flight control or flight following
procedures, as applicable.
(5) En route flight, navigation, and communication procedures,
including procedures for the dispatch or release or continuance of
flight if any item of equipment required for the particular type of
operation becomes inoperative or unserviceable en route.
(6) For domestic or flag air carriers, appropriate information from
the en route operations specifications, including for each approved
route the types of aircraft authorized, the type of operation such as
VFR, IFR, day, night, etc., and any other pertinent information.
(7) For supplemental air carriers or commercial operators,
appropriate information from the operations specifications, including
the area of operations authorized, the types of aircraft authorized, the
type of operation such as VFR, IFR, day, night, etc., and any other
pertinent information.
(8) Appropriate information from the airport operations
specifications, including for each airport --
(i) Its location (domestic and flag air carrier operations only);
(ii) Its designation (regular, alternate, provisional, etc.)
(domestic and flag air carrier operations only);
(iii) The types of aircraft authorized (domestic and flag air carrier
operations only);
(iv) Instrument approach procedures;
(v) Landing and takeoff minimums; and
(vi) Any other pertinent information.
(9) Takeoff, en route, and landing weight limitations.
(10) Procedures for familiarizing passengers with the use of
emergency equipment, during flight.
(11) Emergency equipment and procedures.
(12) The method of designating succession of command of flight
crewmembers.
(13) Procedures for determining the usability of landing and takeoff
areas, and for disseminating pertinent information thereon to operations
personnel.
(14) Procedures for operating in periods of ice, hail, thunderstorms,
turbulence, or any potentially hazardous meteorological condition.
(15) Airman training programs, including appropriate ground, flight,
and emergency phases.
(16) Instructions and procedures for maintenance, preventive
maintenance, and servicing.
(17) Time limitations, or standards for determining time limitations,
for overhauls, inspections, and checks of airframes, engines,
propellers, appliances and emergency equipment.
(18) Procedures for refueling aircraft, eliminating fuel
contamination, protection from fire (including electrostatic
protection), and supervising and protecting passengers during refueling.
(19) Airworthiness inspections, including instructions covering
procedures, standards, responsibilities, and authority of inspection
personnel.
(20) Methods and procedures for maintaining the aircraft weight and
center of gravity within approved limits.
(21) Where applicable, pilot and dispatcher route and airport
qualification procedures.
(22) Accident notification procedures.
(23) After December 9, 1980, procedures and information to assist
personnel to identify packages marked or labeled as containing hazardous
materials and, if these materials are to be carried, stored, or handled,
procedures and instructions relating to the carriage, storage, or
handling of hazardous materials, including the following:
(i) Procedures for determining the proper shipper certification
required by 49 CFR subchapter C, proper packaging, marking, labeling,
shipping documents, compatibility of materials, and instructions on the
loading, storage, and handling.
(ii) Notification procedures for reporting hazardous material
incidents as required by 49 CFR subchapter C.
(iii) Instructions and procedures for the notification of the pilot
in command when there are hazardous materials aboard, as required by 49
CFR subchapter C.
(24) Other information or instructions relating to safety.
(c) Each certificate holder shall maintain at least one complete copy
of the manual at its principal operations base.
(Doc. No. 6258, 29 FR 19196, Dec. 31, 1964, as amended by Amdt.
121-104, 38 FR 14915, June 7, 1973; Amdt. 121-106, 38 FR 22377, Aug.
20, 1973; Amdt. 121-143, 43 FR 22641, May 25, 1978; Amdt. 121-162, 45
FR 46739, July 10, 1980)
14 CFR 121.137 Distribution and availability.
(a) Each certificate holder shall furnish copies of the manual
required by 121.133 (and the changes and additions thereto) or
appropriate parts of the manual to --
(1) Its appropriate ground operations and maintenance personnel;
(2) Crewmembers; and
(3) Representatives of the Administrator assigned to it.
(b) Each person to whom a manual or appropriate parts of it are
furnished under paragraph (a) of this section shall keep it up-to-date
with the changes and additions furnished to that person and shall have
the manual or appropriate parts of it accessible when performing
assigned duties.
(c) For the purpose of complying with paragraph (a) of this section,
a certificate holder may furnish the persons listed therein the
maintenance part of the manual in microfilm form if it also furnishes
and maintains a reading device that provides a legible facsimile image
of the microfilmed maintenance information and instructions.
(Doc. No. 6258, 29 FR 19196, Dec. 31, 1964, as amended by Amdt.
121-71, 35 FR 17176, Nov. 7, 1970; Amdt. 121-162, 45 FR 46739, July 10,
1980)
14 CFR 121.139 Requirement for manual aboard aircraft: Supplemental
air carriers and commercial operators.
(a) Except as provided in paragraph (b) of this section, each
supplemental air carrier and commercial operator shall carry appropriate
parts of the manual on each aircraft when away from the principal base.
The appropriate parts must be available for use of ground or flight
personnel. If a supplemental air carrier or commercial operator carries
aboard an aircraft all or any portion of the maintenance part of its
manual in microfilm it must also carry a reading device that provides a
legible facsimile image of the microfilmed maintenance information and
instructions.
(b) If a supplemental air carrier or commercial operator is able to
perform all scheduled maintenance at specified stations where it keeps
maintenance parts of the manual, it does not have to carry those parts
of the manual aboard the aircraft en route to those stations.
(Doc. No. 6258, 29 FR 19196, Dec. 31, 1964, as amended by Amdt.
121-71, 35 FR 17176, Nov. 7, 1970)
14 CFR 121.141 Airplane or rotorcraft flight manual.
(a) Each certificate holder shall keep a current approved airplane or
rotorcraft flight manual for each type of transport category aircraft
that it operates.
(b) In each transport-category aircraft, the certificate holder shall
carry either the manual required by 121.133, if it contains the
information required for the applicable flight manual and this
information is clearly identified as flight manual requirements, or an
approved Airplane or Rotorcraft Flight Manual. If the certificate
holder elects to carry the manual required by 121.133, he may revise
the operating procedures sections and modity the presentation of
performance data from the applicable flight manual if the revised
operating procedures and modified performance date presentation are --
(1) Approved by the Administrator; and
(2) Clearly identified as airplane or rotorcraft flight manual
requirements.
(Amdt. 121-97, 37 FR 20024, Sept. 23, 1972, as amended by Amdt.
121-138, 43 FR 2328, Jan. 16, 1978)
14 CFR 121.141 Subpart H -- Aircraft Requirements
Source: Docket No. 6258, 29 FR 19197, Dec. 31, 1964, unless
otherwise noted.
14 CFR 121.151 Applicability.
This subpart prescribes aircraft requirements for all certificate
holders.
14 CFR 121.153 Aircraft requirements: General.
(a) Except as provided in paragraph (c) of this section, no
certificate holder may operate an aircraft unless that aircraft --
(1) Is registered as a civil aircraft of the United States and
carries an appropriate current airworthiness certificate issued under
this chapter; and
(2) Is in an airworthy condition and meets the applicable
airworthiness requirements of this chapter, including those relating to
identification and equipment.
(b) A certificate holder may use an approved weight and balance
control system based on average, assumed, or estimated weight to comply
with applicable airworthiness requirements and operating limitations.
(c) A certificate holder may operate in common carriage, and for the
carriage of mail, a civil aircraft which is leased or chartered to it
without crew and is registered in a country which is a party to the
Convention on International Civil Aviation if --
(1) The aircraft carries an appropriate airworthiness certificate
issued by the country of registration and meets the registration and
identification requirements of that country;
(2) The aircraft is of a type design which is approved under a U.S.
type certificate and complies with all of the requirements of this
chapter (14 CFR Chapter 1) that would be applicable to that aircraft
were it registered in the United States, including the requirements
which must be met for issuance of a U.S. standard airworthiness
certificate (including type design conformity, condition for safe
operation, and the noise, fuel venting, and engine emission requirements
of this chapter), except that a U.S. registration certificate and a U.S.
standard airworthiness certificate will not be issued for the aircraft;
(3) The aircraft is operated by U.S.-certificated airmen employed by
the certificate holder; and
(4) The certificate holder files a copy of the aircraft lease or
charter agreement with the FAA Aircraft Registry, Department of
Transportation, 6400 South MacArthur Boulevard, Oklahoma City, OK
(Mailing address: P.O. Box 25504, Oklahoma City, OK 73125).
(Doc. No. 6258, 29 FR 19197, Dec. 31, 1964, as amended by Amdt.
121-165, 45 FR 68649, Oct. 16, 1980)
121.155 (Reserved)
14 CFR 121.157 Aircraft certification and equipment requirements.
(a) Airplanes certificated before July 1, 1942. No certificate
holder may operate an airplane that was type certificated before July 1,
1942, unless --
(1) That airplane meets the requirements of 121.173(c), or
(2) That airplane and all other airplanes of the same or related type
operated by that certificate holder meet the performance requirements of
sections 4a.737-T through 4a.750-T of the Civil Air Regulations as in
effect on January 31, 1965; or 25.45 through 25.75 and 121.173(a),
(b), (d), and (e) of this title.
(b) Airplanes certificated after June 30, 1942. Except as provided
in paragraphs (c) and (d) of this section, no certificate holder may
operate an airplane that was type certificated after June 30, 1942,
unless it is certificated as a transport category airplane and meets the
requirements of 121.173 (a), (b), (d), and (e).
(c) C-46 type airplanes: passenger-carrying operations. No
certificate holder may operate a C-46 airplane in passenger-carrying
operations unless that airplane is operated in accordance with the
operating limitations for transport category airplanes and meets the
requirements of paragraph (b) of this section or meets the requirements
of part 4b, as in effect July 20, 1950, and the requirements of 121.173
(a), (b), (d) and (e), except that --
(1) The requirements of sections 4b.0 through 4b.19 as in effect May
18, 1954, must be complied with;
(2) The birdproof windshield requirements of section 4b.352 need not
be complied with;
(3) The provisions of sections 4b.480 through 4b.490 (except sections
4b.484(a)(1) and 4b.487(e)), as in effect May 16, 1953, must be complied
with; and
(4) The provisions of paragraph 4b.484(a)(1), as in effect July 20,
1950, must be complied with.
In determining the takeoff path in accordance with section 4b.116 and
the one-engine inoperative climb in accordance with section 4b.120 (a)
and (b), the propeller of the inoperative engine may be assumed to be
feathered if the airplane is equipped with either an approved means for
automatically indicating when the particular engine has failed or an
approved means for automatically feathering the propeller of the
inoperative engine. The Administrator may authorize deviations from
compliance with the requirements of sections 4b.130 through 4b.190 and
subparts C, D, E, and F of part 4b (as designated in this paragraph) if
he finds that (considering the effect of design changes) compliance is
extremely difficult to accomplish and that service experience with the
C-46 airplane justifies the deviation.
(d) C-46 type airplanes: cargo operations. No certificate holder
may use a nontransport category C-46 type airplane in cargo operations
unless --
(1) It is certificated at a maximum gross weight that is not greater
than 48,000 pounds;
(2) It meets the requirements of 121.199 through 121.205 using the
performance data in appendix C to this part;
(3) Before each flight, each engine contains at least 25 gallons of
oil; and
(4) After December 31, 1964 --
(i) It is powered by a type and model engine as set forth in appendix
C of this part, when certificated at a maximum gross takeoff weight
greater than 45,000 pounds; and
(ii) It complies with the special airworthiness requirement set forth
in 121.213 through 121.287 of this part or in appendix C of this part.
(e) Helicopters. No supplemental air carrier or commercial operator
may operate a helicopter unless it is operated, certificated, and
equipped in accordance with 127.71 through 127.125.
14 CFR 121.159 Single-engine airplanes prohibited.
Except as provided in 121.9, no certificate holder may operate a
single-engine airplane.
14 CFR 121.161 Airplane limitations: Type of route.
(a) Unless authorized by the Administrator, based on the character of
the terrain, the kind of operation, or the performance of the airplane
to be used, no certificate holder may operate two-engine or three-engine
airplanes (except a three-engine turbine powered airplane) over a route
that contains a point farther than 1 hour flying time (in still air at
normal cruising speed with one engine inoperative) from an adequate
airport.
(b) No certificate holder may operate a land airplane (other than a
DC-3, C-46, CV-240, CV-340, CV-440, CV-580, CV-600, CV-640, or Martin
404) in an extended overwater operation unless it is certificated or
approved as adequate for ditching under the ditching provisions of part
25 of this chapter.
(Amdt. 121-22, 31 FR 13078, Oct. 8, 1966 and Amdt. 121-162, 45 FR
46739, July 10, 1980)
14 CFR 121.163 Aircraft proving tests.
(a) No domestic or flag air carrier may operate an aircraft not
before proven for use in scheduled air carrier operations, and no
supplemental air carrier or commercial operator may operate an aircraft
not before proven for use in air carrier or commercial operator
operations, unless an aircraft of that type has had, in addition to the
aircraft certification tests, at least 100 hours of proving tests
acceptable to the Administrator, including a representative number of
flights into en route airports. The requirement for at least 100 hours
of proving tests may be reduced by the Administrator if the
Administrator determines that a satisfactory level of proficiency has
been demonstrated to justify the reduction. At least 10 hours of
proving tests must be flown at night.
(b) A certificate holder may not operate an aircraft of a type that
has been proven for use in its class of operation if it has not
previously proved that type, or if that aircraft has been materially
altered in design, unless --
(1) The aircraft has had at least 50 hours of tests acceptable to the
Administrator, including a representative number of flights into enroute
airports; or
(2) The Administrator specifically authorizes deviations when special
circumstances make full compliance with this paragraph unnecessary in a
particular case.
(c) A supplemental air carrier or commercial operator may operate a
helicopter that has not before been proven for use in supplemental air
carrier or commercial operator operations if the helicopter has been
used extensively in the services of the armed forces and meets the
requirements of paragraph (b) of this section.
(d) For the purposes of paragraph (b) of this section, a type of
aircraft is considered to be materially altered in design if the
alterations include --
(1) The installation of powerplants other than those of a type
similar to those with which it is certificated; or
(2) Alterations to the aircraft or its components that materially
affect flight characteristics.
(e) No certificate holder may carry passengers in an aircraft during
proving tests, except for those needed to make the test and those
designated by the Administrator. However, it may carry mail, express,
or other cargo, when approved.
(Doc. No. 6258, 29 FR 19197, Dec. 31, 1964, as amended by Amdt.
121-42, 33 FR 10330, July 19, 1968; 34 FR 13468, Aug. 21, 1969; Amdt.
121-162, 45 FR 46739, July 10, 1980)
14 CFR 121.163 Subpart I -- Airplane Performance Operating Limitations
Source: Docket No. 6258, 29 FR 19198, Dec. 31, 1964; 30 FR 130,
Jan. 7, 1965, unless otherwise noted.
14 CFR 121.171 Applicability.
(a) This subpart prescribes airplane performance operating
limitations for all certificate holders.
(b) For purposes of this part, effective length of the runway for
landing means the distance from the point at which the obstruction
clearance plane associated with the approach end of the runway
intersects the centerline of the runway to the far end thereof.
(c) For the purposes of this subpart, obstruction clearance plane
means a plane sloping upward from the runway at a slope of 1:20 to the
horizontal, and tangent to or clearing all obstructions within a
specified area surrounding the runway as shown in a profile view of that
area. In the plan view, the centerline of the specified area coincides
with the centerline of the runway, beginning at the point where the
obstruction clearance plane intersects the centerline of the runway and
proceeding to a point at least 1,500 feet from the beginning point.
Thereafter the centerline coincides with the takeoff path over the
ground for the runway (in the case of takeoffs) or with the instrument
approach counterpart (for landings), or, where the applicable one of
these paths has not been established, it proceeds consistent with turns
of at least 4,000 foot radius until a point is reached beyond which the
obstruction clearance plane clears all obstructions. This area extends
laterally 200 feet on each side of the centerline at the point where the
obstruction clearance plane intersects the runway and continues at this
width to the end of the runway; then it increases uniformly to 500 feet
on each side of the centerline at a point 1,500 feet from the
intersection of the obstruction clearance plane with the runway;
thereafter it extends laterally 500 feet on each side of the centerline.
(Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt.
121-132, 41 FR 55475, Dec. 20, 1976)
14 CFR 121.173 General.
(a) Each certificate holder operating a reciprocating engine powered
transport category airplane shall comply with 121.175 through 121.187.
(b) Each certificate holder operating a turbine engine powered
transport category airplane shall comply with applicable provisions of
121.189 through 121.197, except that when it operates a turbo-propeller
powered transport category airplane certificated after August 29, 1959,
but previously type certificated with the same number of reciprocating
engines, it may comply with 121.175 through 121.187.
(c) Each certificate holder operating a large nontransport category
airplane shall comply with 121.199 through 121.205 and any
determination of compliance must be based only on approved performance
data.
(d) The performance data in the Airplane Flight Manual applies in
determining compliance with 121.175 through 121.197. Where conditions
are different from those on which the performance data is based,
compliance is determined by interpolation or by computing the effects of
changes in the specific variables if the results of the interpolation or
computations are substantially as accurate as the results of direct
tests.
(e) No person may take off a reciprocating engine powered transport
category airplane at a weight that is more than the allowable weight for
the runway being used (determined under the runway takeoff limitations
of the transport category operating rules of this part) after taking
into account the temperature operating correction factors in section
4a.749a-T or section 4b.117 of the Civil Air Regulations as in effect on
January 31, 1965, and set forth in the applicable Airplane Flight
Manual.
(f) The Administrator may authorize in the operations specifications
deviations from the requirements in the subpart if special circumstances
make a literal observance of a requirement unnecessary for safety.
(g) The ten-mile width specified in 121.179 through 121.183 may be
reduced to five miles, for not more than 20 miles, when operating VFR or
where navigation facilities furnish reliable and accurate identification
of high ground and obstructions located outside of five miles, but
within ten miles, on each side of the intended track.
14 CFR 121.175 Transport category airplanes: reciprocating engine
powered: Weight limitations.
(a) No person may take off a reciprocating engine powered transport
category airplane from an airport located at an elevation outside of the
range for which maximum takeoff weights have been determined for that
airplane.
(b) No person may take off a reciprocating engine powered transport
category airplane for an airport of intended destination that is located
at an elevation outside of the range for which maximum landing weights
have been determined for that airplane.
(c) No person may specify, or have specified, an alternate airport
that is located at an elevation outside of the range for which maximum
landing weights have been determined for the reciprocating engine
powered transport category airplane concerned.
(d) No person may take off a reciprocating engine powered transport
category airplane at a weight more than the maximum authorized takeoff
weight for the elevation of the airport.
(e) No person may take off a reciprocating engine powered transport
category airplane if its weight on arrival at the airport of destination
will be more than the maximum authorized landing weight for the
elevation of that airport, allowing for normal consumption of fuel and
oil en route.
14 CFR 121.177 Transport category airplanes: Reciprocating engine
powered: Takeoff limitations.
(a) No person operating a reciprocating engine powered transport
category airplane may takeoff that airplane unless it is possible --
(1) To stop the airplane safely on the runway, as shown by the
accelerate stop distance data, at any time during takeoff until reaching
critical-engine failure speed;
(2) If the critical engine fails at any time after the airplane
reaches critical-engine failure speed V1, to continue the takeoff and
reach a height of 50 feet, as indicated by the takeoff path data, before
passing over the end of the runway; and
(3) To clear all obstacles either by at least 50 feet vertically (as
shown by the takeoff path data) or 200 feet horizontally within the
airport boundaries and 300 feet horizontally beyond the boundaries,
without banking before reaching a height of 50 feet (as shown by the
takeoff path data) and thereafter without banking more than 15 degrees.
(b) In applying this section, corrections must be made for the
effective runway gradient. To allow for wind effect, takeoff data based
on still air may be corrected by taking into account not more than 50
percent of any reported headwind component and not less than 150 percent
of any reported tailwind component.
(Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt.
121-159, 45 FR 41593, June 19, 1980)
14 CFR 121.179 Transport category airplanes: reciprocating engine
powered: En route limitations: all engines operating.
(a) No person operating a reciprocating engine powered transport
category airplane may take off that airplane at a weight, allowing for
normal consumption of fuel and oil, that does not allow a rate of climb
(in feet per minute), with all engines operating, of at least 6.90 VSo
(that is, the number of feet per minute is obtained by multiplying the
number of knots by 6.90) at an altitude of at least 1,000 feet above the
highest ground or obstruction within ten miles of each side of the
intended track.
(b) This section does not apply to transport category airplanes
certificated under part 4a of the Civil Air Regulations.
14 CFR 121.181 Transport category airplanes: Reciprocating engine
powered: En route limitations: One engine inoperative.
(a) Except as provided in paragraph (b) of this section, no person
operating a reciprocating engine powered transport category airplane may
take off that airplane at a weight, allowing for normal consumption of
fuel and oil, that does not allow a rate of climb (in feet per minute),
with one engine inoperative, of at least
(where N is the number of engines installed and VSo is expressed in
knots) at an altitude of at least 1,000 feet above the highest ground or
obstruction within 10 miles of each side of the intended track.
However, for the purposes of this paragraph the rate of climb for
transport category airplanes certificated under part 4a of the Civil Air
Regulations is 0.026 VSo2.
(b) In place of the requirements of paragraph (a) of this section, a
person may, under an approved procedure, operate a reciprocating engine
powered transport category airplane, at an all-engines-operating
altitude that allows the airplane to continue, after an engine failure,
to an alternate airport where a landing can be made in accordance with
121.187, allowing for normal consumption of fuel and oil. After the
assumed failure, the flight path must clear the ground and any
obstruction within five miles on each side of the intended track by at
least 2,000 feet.
(c) If an approved procedure under paragraph (b) of this section is
used, the certificate holder shall comply with the following:
(1) The rate of climb (as prescribed in the Airplane Flight Manual
for the appropriate weight and altitude) used in calculating the
airplane's flight path shall be diminished by an amount, in feet per
minute, equal to
(when N is the number of engines installed and VSo is expressed in
knots) for airplanes certificated under part 25 of this chapter and by
0.026 VSo2 for airplanes certificated under part 4a of the Civil Air
Regulations.
(2) The all-engines-operating altitude shall be sufficient so that in
the event the critical engine becomes inoperative at any point along the
route, the flight will be able to proceed to a predetermined alternate
airport by use of this procedure. In determining the takeoff weight,
the airplane is assumed to pass over the critical obstruction following
engine failure at a point no closer to the critical obstruction than the
nearest approved radio navigational fix, unless the Administrator
approves a procedure established on a different basis upon finding that
adequate operational safeguards exist.
(3) The airplane must meet the provisions of paragraph (a) of this
section at 1,000 feet above the airport used as an alternate in this
procedure.
(4) The procedure must include an approved method of accounting for
winds and temperatures that would otherwise adversely affect the flight
path.
(5) In complying with this procedure fuel jettisoning is allowed if
the certificate holder shows that it has an adequate training program,
that proper instructions are given to the flight crew, and all other
precautions are taken to insure a safe procedure.
(6) The certificate holder shall specify in the dispatch or flight
release an alternate airport that meets the requirements of 121.625.
14 CFR 121.183 Part 25 transport category airplanes with four or more
engines: Reciprocating engine powered: En route limitations: Two
engines inoperative.
(a) No person may operate an airplane certificated under part 25 and
having four or more engines unless --
(1) There is no place along the intended track that is more than 90
minutes (with all engines operating at cruising power) from an airport
that meets the requirements of 121.187; or
(2) It is operated at a weight allowing the airplane, with the two
critical engines inoperative, to climb at 0.013 VSo2 feet per minute
(that is, the number of feet per minute is obtained by multiplying the
number of knots squared by 0.013) at an altitude of 1,000 feet above the
highest ground or obstruction within 10 miles on each side of the
intended track, or at an altitude of 5,000 feet, whichever is higher.
(b) For the purposes of paragraph (a)(2) of this section, it is
assumed that --
(1) The two engines fail at the point that is most critical with
respect to the takeoff weight:
(2) Consumption of fuel and oil is normal with all engines operating
up to the point where the two engines fail and with two engines
operating beyond that point;
(3) Where the engines are assumed to fail at an altitude above the
prescribed minimum altitude, compliance with the prescribed rate of
climb at the prescribed minimum altitude need not be shown during the
descent from the cruising altitude to the prescribed minimum altitude,
if those requirements can be met once the prescribed minimum altitude is
reached, and assuming descent to be along a net flight path and the rate
of descent to be 0.013 VSo2 greater than the rate in the approved
performance data; and
(4) If fuel jettisoning is provided, the airplane's weight at the
point where the two engines fail is considered to be not less than that
which would include enough fuel to proceed to an airport meeting the
requirements of 121.187 and to arrive at an altitude of at least 1,000
feet directly over that airport.
14 CFR 121.185 Transport category airplanes: Reciprocating engine
powered: Landing limitations: Destination airport.
(a) Except as provided in paragraph (b) of this section no person
operating a reciprocating engine powered transport category airplane may
take off that airplane, unless its weight on arrival, allowing for
normal consumption of fuel and oil in flight, would allow a full stop
landing at the intended destination within 60 percent of the effective
length of each runway described below from a point 50 feet directly
above the intersection of the obstruction clearance plane and the
runway. For the purposes of determining the allowable landing weight at
the destination airport the following is assumed:
(1) The airplane is landed on the most favorable runway and in the
most favorable direction in still air.
(2) The airplane is landed on the most suitable runway considering
the probable wind velocity and direction (forecast for the expected time
of arrival), the ground handling characteristics of the type of
airplane, and other conditions such as landing aids and terrain, and
allowing for the effect of the landing path and roll of not more than 50
percent of the headwind component or not less than 150 percent of the
tailwind component.
(b) An airplane that would be prohibited from being taken off because
it could not meet the requirements of paragraph (a)(2) of this section
may be taken off if an alternate airport is specified that meets all of
the requirements of this section except that the airplane can accomplish
a full stop landing within 70 percent of the effective length of the
runway.
14 CFR 121.187 Transport category airplanes: Reciprocating engine
powered: Landing limitations: Alternate airport.
No person may list an airport as an alternate airport in a dispatch
or flight release unless the airplane (at the weight anticipated at the
time of arrival at the airport), based on the assumptions in 121.185,
can be brought to a full stop landing, within 70 percent of the
effective length of the runway.
14 CFR 121.189 Transport category airplanes: Turbine engine powered;
takeoff limitations.
(a) No person operating a turbine engine powered transport category
airplane may take off that airplane at a weight greater than that listed
in the Airplane Flight Manual for the elevation of the airport and for
the ambient temperature existing at takeoff.
(b) No person operating a turbine engine powered transport category
airplane certificated after August 26, 1957, but before August 30, 1959
(SR422, 422A), may take off that airplane at a weight greater than that
listed in the Airplane Flight Manual for the minimum distances required
for takeoff. In the case of an airplane certificated after September
30, 1958 (SR422A, 422B), the takeoff distance may include a clearway
distance but the clearway distance included may not be greater than 1/2
of the takeoff run.
(c) No person operating a turbine engine powered transport category
airplane certificated after August 29, 1959 (SR422B), may take off that
airplane at a weight greater than that listed in the Airplane Flight
Manual at which compliance with the following may be shown:
(1) The accelerate-stop distance must not exceed the length of the
runway plus the length of any stopway.
(2) The takeoff distance must not exceed the length of the runway
plus the length of any clearway except that the length of any clearway
included must not be greater than one-half the length of the runway.
(3) The takeoff run must not be greater than the length of the
runway.
(d) No person operating a turbine engine powered transport category
airplane may take off that airplane at a weight greater than that listed
in the Airplane Flight Manual --
(1) In the case of an airplane certificated after August 26, 1957,
but before October 1, 1958 (SR422), that allows a takeoff path that
clears all obstacles either by at least (35+0.01D) feet vertically (D is
the distance along the intended flight path from the end of the runway
in feet), or by at least 200 feet horizontally within the airport
boundaries and by at least 300 feet horizontally after passing the
boundaries; or
(2) In the case of an airplane certificated after September 30, 1958
(SR 422A, 422B), that allows a net takeoff flight path that clears all
obstacles either by a height of at least 35 feet vertically, or by at
least 200 feet horizontally within the airport boundaries and by at
least 300 feet horizontally after passing the boundaries.
(e) In determining maximum weights, minimum distances and flight
paths under paragraphs (a) through (d) of this section, correction must
be made for the runway to be used, the elevation of the airport, the
effective runway gradient, and the ambient temperature and wind
component at the time of takeoff.
(f) For the purposes of this section, it is assumed that the airplane
is not banked before reaching a height of 50 feet, as shown by the
takeoff path or net takeoff flight path data (as appropriate) in the
Airplane Flight Manual, and thereafter that the maximum bank is not more
than 15 degrees.
(g) For the purposes of this section the terms, takeoff distance,
takeoff run, net takeoff flight path and takeoff path have the same
meanings as set forth in the rules under which the airplane was
certificated.
14 CFR 121.191 Transport category airplanes: Turbine engine powered:
En route limitations: One engine inoperative.
(a) No person operating a turbine engine powered transport category
airplane may take off that airplane at a weight, allowing for normal
consumption of fuel and oil, that is greater than that which (under the
approved, one engine inoperative, en route net flight path data in the
Airplane Flight Manual for that airplane) will allow compliance with
paragraph (a) (1) or (2) of this section, based on the ambient
temperatures expected en route:
(1) There is a positive slope at an altitude of at least 1,000 feet
above all terrain and obstructions within five statute miles on each
side of the intended track, and, in addition, if that airplane was
certificated after August 29, 1959 (SR 422B) there is a positive slope
at 1,500 feet above the airport where the airplane is assumed to land
after an engine fails.
(2) The net flight path allows the airplane to continue flight from
the cruising altitude to an airport where a landing can be made under
121.197, clearing all terrain and obstructions within five statute miles
of the intended track by at least 2,000 feet vertically and with a
positive slope at 1,000 feet above the airport where the airplane lands
after an engine fails, or, if that airplane was certificated after
September 30, 1958 (SR 422A, 422B), with a positive slope at 1,500 feet
above the airport where the airplane lands after an engine fails.
(b) For the purposes of paragraph (a)(2) of this section, it is
assumed that --
(1) The engine fails at the most critical point en route;
(2) The airplane passes over the critical obstruction, after engine
failure at a point that is no closer to the obstruction than the nearest
approved radio navigation fix, unless the Administrator authorizes a
different procedure based on adequate operational safeguards;
(3) An approved method is used to allow for adverse winds:
(4) Fuel jettisoning will be allowed if the certificate holder shows
that the crew is properly instructed, that the training program is
adequate, and that all other precautions are taken to insure a safe
procedure;
(5) The alternate airport is specified in the dispatch or flight
release and meets the prescribed weather minimums; and
(6) The consumption of fuel and oil after engine failure is the same
as the consumption that is allowed for in the approved net flight path
data in the Airplane Flight Manual.
(Doc. No. 6258, 29 FR 19198, Dec. 31, 1964; 30 FR 130, Jan. 7, 1965,
as amended by Amdt. 121-143, 43 FR 22641, May 25, 1978)
14 CFR 121.193 Transport category airplanes: Turbine engine powered:
En route limitations: Two engines inoperative.
(a) Airplanes certificated after August 26, 1957, but before October
1, 1958 (SR 422). No person may operate a turbine engine powered
transport category airplane along an intended route unless he complies
with either of the following:
(1) There is no place along the intended track that is more than 90
minutes (with all engines operating at cruising power) from an airport
that meets the requirements of 121.197.
(2) Its weight, according to the two-engine-inoperative, en route,
net flight path data in the Airplane Flight Manual, allows the airplane
to fly from the point where the two engines are assumed to fail
simultaneously to an airport that meets the requirements of 121.197,
with a net flight path (considering the ambient temperature anticipated
along the track) having a positive slope at an altitude of at least
1,000 feet above all terrain and obstructions within five miles on each
side of the intended track, or at an altitude of 5,000 feet, whichever
is higher.
For the purposes of paragraph (a)(2) of this section, it is assumed
that the two engines fail at the most critical point en route, that if
fuel jettisoning is provided, the airplane's weight at the point where
the engines fail includes enough fuel to continue to the airport and to
arrive at an altitude of at least 1,000 feet directly over the airport,
and that the fuel and oil consumption after engine failure is the same
as the consumption allowed for in the net flight path data in the
Airplane Flight Manual.
(b) Aircraft certificated after September 30, 1958, but before August
30, 1959 (SR 422A). No person may operate a turbine engine powered
transport category airplane along an intended route unless he complies
with either of the following:
(1) There is no place along the intended track that is more than 90
minutes (with all engines operating at cruising power) from an airport
that meets the requirements of 121.197.
(2) Its weight, according to the two-engine-inoperative, en route,
net flight path data in the Airplane Flight Manual, allows the airplane
to fly from the point where the two engines are assumed to fail
simultaneously to an airport that meets the requirements of 121.197,
with a net flight path (considering the ambient temperatures anticipated
along the track) having a positive slope at an altitude of at least
1,000 feet above all terrain and obstructions within 5 miles on each
side of the intended track, or at an altitude of 2,000 feet, whichever
is higher.
For the purposes of paragraph (b)(2) of this section, it is assumed
that the two engines fail at the most critical point en route, that the
airplane's weight at the point where the engines fail includes enough
fuel to continue to the airport, to arrive at an altitude of at least
1,500 feet directly over the airport, and thereafter to fly for 15
minutes at cruise power or thrust, or both, and that the consumption of
fuel and oil after engine failure is the same as the consumption allowed
for in the net flight path data in the Airplane Flight Manual.
(c) Aircraft certificated after August 29, 1959 (SR 422B). No person
may operate a turbine engine powered transport category airplane along
an intended route unless he complies with either of the following:
(1) There is no place along the intended track that is more than 90
minutes (with all engines operating at cruising power) from an airport
that meets the requirements of 121.197.
(2) Its weight, according to the two-engine inoperative, en route,
net flight path data in the Airplane Flight Manual, allows the airplane
to fly from the point where the two engines are assumed to fail
simultaneously to an airport that meets the requirements of 121.197,
with the net flight path (considering the ambient temperatures
anticipated along the track) clearing vertically by at least 2,000 feet
all terrain and obstructions within five statute miles (4.34 nautical
miles) on each side of the intended track. For the purposes of this
subparagraph, it is assumed that --
(i) The two engines fail at the most critical point en route;
(ii) The net flight path has a positive slope at 1,500 feet above the
airport where the landing is assumed to be made after the engines fail;
(iii) Fuel jettisoning will be approved if the certificate holder
shows that the crew is properly instructed, that the training program is
adequate, and that all other precautions are taken to ensure a safe
procedure;
(iv) The airplane's weight at the point where the two engines are
assumed to fail provides enough fuel to continue to the airport, to
arrive at an altitude of at least 1,500 feet directly over the airport,
and thereafter to fly for 15 minutes at cruise power or thrust, or both;
and
(v) The consumption of fuel and oil after the engine failure is the
same as the consumption that is allowed for in the net flight path data
in the Airplane Flight Manual.
14 CFR 121.195 Transport category airplanes: Turbine engine powered:
Landing limitations: Destination airports.
(a) No person operating a turbine engine powered transport category
airplane may take off that airplane at such a weight that (allowing for
normal consumption of fuel and oil in flight to the destination or
alternate airport) the weight of the airplane on arrival would exceed
the landing weight set forth in the Airplane Flight Manual for the
elevation of the destination or alternate airport and the ambient
temperature anticipated at the time of landing.
(b) Except as provided in paragraph (c), (d), or (e) of this section,
no person operating a turbine engine powered transport category airplane
may take off that airplane unless its weight on arrival, allowing for
normal consumption of fuel and oil in flight (in accordance with the
landing distance set forth in the Airplane Flight Manual for the
elevation of the destination airport and the wind conditions anticipated
there at the time of landing), would allow a full stop landing at the
intended destination airport within 60 percent of the effective length
of each runway described below from a point 50 feet above the
intersection of the obstruction clearance plane and the runway. For the
purpose of determining the allowable landing weight at the destination
airport the following is assumed:
(1) The airplane is landed on the most favorable runway and in the
most favorable direction, in still air.
(2) The airplane is landed on the most suitable runway considering
the probable wind velocity and direction and the ground handling
characteristics of the airplane, and considering other conditions such
as landing aids and terrain.
(c) A turbopropeller powered airplane that would be prohibited from
being taken off because it could not meet the requirements of paragraph
(b)(2) of this section, may be taken off if an alternate airport is
specified that meets all the requirements of this section except that
the airplane can accomplish a full stop landing within 70 percent of the
effective length of the runway.
(d) Unless, based on a showing of actual operating landing techniques
on wet runways, a shorter landing distance (but never less than that
required by paragraph (b) of this section) has been approved for a
specific type and model airplane and included in the Airplane Flight
Manual, no person may takeoff a turbojet powered airplane when the
appropriate weather reports and forecasts, or a combination thereof,
indicate that the runways at the destination airport may be wet or
slippery at the estimated time of arrival unless the effective runway
length at the destination airport is at least 115 percent of the runway
length required under paragraph (b) of this section.
(e) A turbojet powered airplane that would be prohibited from being
taken off because it could not meet the requirements of paragraph (b)(2)
of this section may be taken off if an alternate airport is specified
that meets all the requirements of paragraph (b) of this section.
(Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt.
121-9, 30 FR 8572, July 7, 1965)
14 CFR 121.197 Transport category airplanes: Turbine engine powered:
Landing limitations: Alternate airports.
No person may list an airport as an alternate airport in a dispatch
or flight release for a turbine engine powered transport category
airplane unless (based on the assumptions in 121.195 (b)) that airplane
at the weight anticipated at the time of arrival can be brought to a
full stop landing within 70 percent of the effective length of the
runway for turbopropeller powered airplanes and 60 percent of the
effective length of the runway for turbojet powered airplanes, from a
point 50 feet above the intersection of the obstruction clearance plane
and the runway. In the case of an alternate airport for departure, as
provided in 121.617, allowance may be made for fuel jettisoning in
addition to normal consumption of fuel and oil when determining the
weight anticipated at the time of arrival.
(Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt.
121-9, 30 FR 8572, July 7, 1965; Amdt. 121-179, 47 FR 33390, Aug. 2,
1982)
14 CFR 121.198 Transport category cargo service airplanes: Increased
zero fuel and landing weights.
(a) Notwithstanding the applicable structural provisions of the
transport category airworthiness regulations but subject to paragraphs
(b) through (g) of this section, a certificate holder may operate (for
cargo service only) any of the following transport category airplanes
(certificated under part 4b of the Civil Air Regulations effective
before March 13, 1956) at increased zero fuel and landing weights --
(1) DC-6A, DC-6B, DC-7B, and DC-7C; and
(2) L1049B, C, D, E, F, G, and H, and the L1649A when modified in
accordance with supplemental type certificate SA 4-1402.
(b) The zero fuel weight (maximum weight of the airplane with no
disposable fuel and oil) and the structural landing weight may be
increased beyond the maximum approved in full compliance with applicable
regulations only if the Administrator finds that --
(1) The increase is not likely to reduce seriously the structural
strength;
(2) The probability of sudden fatigue failure is not noticeably
increased;
(3) The flutter, deformation, and vibration characteristics do not
fall below those required by applicable regulations; and
(4) All other applicable weight limitations will be met.
(c) No zero fuel weight may be increased by more than five percent,
and the increase in the structural landing weight may not exceed the
amount, in pounds, of the increase in zero fuel weight.
(d) Each airplane must be inspected in accordance with the approved
special inspection procedures, for operations at increased weights,
established and issued by the manufacturer of the type of airplane.
(e) Each airplane operated under this section must be operated in
accordance with the passenger-carrying transport category performance
operating limitations prescribed in this part.
(f) The Airplane Flight Manual for each airplane operated under this
section must be appropriately revised to include the operating
limitations and information needed for operation at the increased
weights.
(g) Except as provided for the carrying of persons under 121.583
each airplane operated at an increased weight under this section must,
before it is used in passenger service, be inspected under the special
inspection procedures for return to passenger service established and
issued by the manufacturer and approved by the Administrator.
14 CFR 121.199 Nontransport category airplanes: Takeoff limitations.
(a) No person operating a nontransport category airplane may take off
that airplane at a weight greater than the weight that would allow the
airplane to be brought to a safe stop within the effective length of the
runway, from any point during the takeoff before reaching 105 percent of
minimum control speed (the minimum speed at which an airplane can be
safely controlled in flight after an engine becomes inoperative) or 115
percent of the power off stalling speed in the takeoff configuration,
whichever is greater.
(b) For the purposes of this section --
(1) It may be assumed that takeoff power is used on all engines
during the acceleration;
(2) Not more than 50 percent of the reported headwind component, or
not less than 150 percent of the reported tailwind component, may be
taken into account;
(3) The average runway gradient (the difference between the
elevations of the endpoints of the runway divided by the total length)
must be considered if it is more than one-half of 1 percent;
(4) It is assumed that the airplane is operating in standard
atmosphere; and
(5) The effective length of the runway for takeoff means the distance
from the end of the runway at which the takeoff is started to a point at
which the obstruction clearance plane associated with the other end of
the runway intersects the runway centerline.
(Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt.
121-132, 41 FR 55475, Dec. 20, 1976)
14 CFR 121.201 Nontransport category airplanes: En route limitations:
One engine inoperative.
(a) Except as provided in paragraph (b) of this section, no person
operating a nontransport category airplane may take off that airplane at
a weight that does not allow a rate of climb of at least 50 feet a
minute, with the critical engine inoperative, at an altitude of at least
1,000 feet above the highest obstruction within five miles on each side
of the intended track, or 5,000 feet, whichever is higher.
(b) Notwithstanding paragraph (a) of this section, if the
Administrator finds that safe operations are not impaired, a person may
operate the airplane at an altitude that allows the airplane, in case of
engine failure, to clear all obstructions within 5 miles on each side of
the intended track by 1,000 feet. If this procedure is used, the rate
of descent for the appropriate weight and altitude is assumed to be 50
feet a minute greater than the rate in the approved performance data.
Before approving such a procedure, the Administrator considers the
following for the route, route segment, or area concerned:
(1) The reliability of wind and weather forecasting.
(2) The location and kinds of navigation aids.
(3) The prevailing weather conditions, particularly the frequency and
amount of turbulence normally encountered.
(4) Terrain features.
(5) Air traffic control problems.
(6) Any other operational factors that affect the operation.
(c) For the purposes of this section, it is assumed that --
(1) The critical engine is inoperative;
(2) The propeller of the inoperative engine is in the minimum drag
position;
(3) The wing flaps and landing gear are in the most favorable
position;
(4) The operating engines are operating at the maximum continuous
power available;
(5) The airplane is operating in standard atmosphere; and
(6) The weight of the airplane is progressively reduced by the
anticipated consumption of fuel and oil.
14 CFR 121.203 Nontransport category airplanes: Landing limitations:
Destination airport.
(a) No person operating a nontransport category airplane may take off
that airplane at a weight that --
(1) Allowing for anticipated consumption of fuel and oil, is greater
than the weight that would allow a full stop landing within 60 percent
of the effective length of the most suitable runway at the destination
airport; and
(2) Is greater than the weight allowable if the landing is to be made
on the runway --
(i) With the greatest effective length in still air; and
(ii) Required by the probable wind, taking into account not more than
50 percent of the headwind component or not less than 150 percent of the
tailwind component.
(b) For the purposes of this section, it is assumed that --
(1) The airplane passes directly over the intersection of the
obstruction clearance plane and the runway at a height of 50 feet in a
steady gliding approach at a true indicated airspeed of at least 1.3
VSo;
(2) The landing does not require exceptional pilot skill; and
(3) The airplane is operating in standard atmosphere.
14 CFR 121.205 Nontransport category airplanes: Landing limitations:
Alternate airport.
No person may list an airport as an alternate airport in a dispatch
or flight release for a nontransport category airplane unless that
airplane (at the weight anticipated at the time of arrival) based on the
assumptions contained in 121.203, can be brought to a full stop landing
within 70 percent of the effective length of the runway.
14 CFR 121.207 Provisionally certificated air carrier airplane:
Operating limitations.
In addition to the limitations in 91.317, the following limitations
apply to the operation of provisionally certificated airplane by air
carriers:
(a) In addition to crewmembers, each air carrier may carry on such an
airplane only those persons who are listed in 121.547(c) or who are
specifically authorized by both the air carrier and the Administrator.
(b) Each air carrier shall keep a log of each flight conducted under
this section and shall keep accurate and complete records of each
inspection made and all maintenance performed on the airplane. The air
carrier shall make the log and records made under this section available
to the manufacturer and the Administrator.
(Doc. No. 6258, 29 FR 19198, Dec. 31, 1964; 30 FR 130, Jan. 7, 1965,
as amended by Amdt. 121-206, 54 FR 34331, Aug. 18, 1989)
14 CFR 121.207 Subpart J -- Special Airworthiness Requirements
Source: Docket No. 6258, 29 FR 19202, Dec. 31, 1964, unless
otherwise noted.
14 CFR 121.211 Applicability.
This subpart prescribes special airworthiness requirements for all
certificate holders.
14 CFR 121.213 Special airworthiness requirements: General.
(a) Except as provided in paragraph (b) of this section, no air
carrier or commercial operator may use an airplane powered by aircraft
engines rated at more than 600 horsepower each for maximum continuous
operation unless that airplane meets the requirements of 121.215
through 121.283.
(b) If the Administrator determines that, for a particular model of
airplane used in cargo service, literal compliance with any requirement
under paragraph (a) of this section would be extremely difficult and
that compliance would not contribute materially to the objective sought,
he may require compliance with only those requirements that are
necessary to accomplish the basic objectives of this part.
(c) This section does not apply to any airplane certificated under --
(1) Part 4b of the Civil Air Regulations as in effect after October
31, 1946;
(2) Part 25; or
(3) Special Civil Air Regulation 422, 422A, or 422B.
14 CFR 121.215 Cabin interiors.
(a) Except as provided in 121.312, each compartment used by the crew
or passengers must meet the requirements of this section.
(b) Materials must be at least flash resistant.
(c) The wall and ceiling linings and the covering of upholstering,
floors, and furnishings must be flame resistant.
(d) Each compartment where smoking is to be allowed must be equipped
with self-contained ash trays that are completely removable and other
compartments must be placarded against smoking.
(e) Each receptacle for used towels, papers, and wastes must be of
fire-resistant material and must have a cover or other means of
containing possible fires started in the receptacles.
(Doc. No. 6258, 29 FR 19202, Dec. 31, 1964, as amended by Amdt.
121-84, 37 FR 3974, Feb. 24, 1972)
14 CFR 121.217 Internal doors.
In any case where internal doors are equipped with louvres or other
ventilating means, there must be a means convenient to the crew for
closing the flow of air through the door when necessary.
14 CFR 121.219 Ventilation.
Each passenger or crew compartment must be suitably ventilated.
Carbon monoxide concentration may not be more than one part in 20,000
parts of air, and fuel fumes may not be present. In any case where
partitions between compartments have louvres or other means allowing air
to flow between compartments, there must be a means convenient to the
crew for closing the flow of air through the partitions, when necessary.
14 CFR 121.221 Fire precautions.
(a) Each compartment must be designed so that, when used for storing
cargo or baggage, it meets the following requirements:
(1) No compartment may include controls, wiring, lines, equipment, or
accessories that would upon damage or failure, affect the safe operation
of the airplane unless the item is adequately shielded, isolated, or
otherwise protected so that it cannot be damaged by movement of cargo in
the compartment and so that damage to or failure of the item would not
create a fire hazard in the compartment.
(2) Cargo or baggage may not interfere with the functioning of the
fire-protective features of the compartment.
(3) Materials used in the construction of the compartments, including
tie-down equipment, must be at least flame resistant.
(4) Each compartment must include provisions for safeguarding against
fires according to the classifications set forth in paragraphs (b)
through (f) of this section.
(b) Class A. Cargo and baggage compartments are classified in the
''A'' category if --
(1) A fire therein would be readily discernible to a member of the
crew while at his station; and
(2) All parts of the compartment are easily accessible in flight.
There must be a hand fire extinguisher available for each Class A
compartment.
(c) Class B. Cargo and baggage compartments are classified in the
''B'' category if enough access is provided while in flight to enable a
member of the crew to effectively reach all of the compartment and its
contents with a hand fire extinguisher and the compartment is so
designed that, when the access provisions are being used, no hazardous
amount of smoke, flames, or extinguishing agent enters any compartment
occupied by the crew or passengers. Each Class B compartment must
comply with the following:
(1) It must have a separate approved smoke or fire detector system to
give warning at the pilot or flight engineer station.
(2) There must be a hand fire extinguisher available for the
compartment.
(3) It must be lined with fire-resistant material, except that
additional service lining of flame-resistant material may be used.
(d) Class C. Cargo and baggage compartments are classified in the
''C'' category if they do not conform with the requirements for the
''A'', ''B'', ''D'', or ''E'' categories. Each Class C compartment must
comply with the following:
(1) It must have a separate approved smoke or fire detector system to
give warning at the pilot or flight engineer station.
(2) It must have an approved built-in fire-extinguishing system
controlled from the pilot or flight engineer station.
(3) It must be designed to exclude hazardous quantities of smoke,
flames, or extinguishing agents from entering into any compartment
occupied by the crew or passengers.
(4) It must have ventilation and draft controlled so that the
extinguishing agent provided can control any fire that may start in the
compartment.
(5) It must be lined with fire-resistant material, except that
additional service lining of flame-resistant material may be used.
(e) Class D. Cargo and baggage compartments are classified in the
''D'' category if they are so designed and constructed that a fire
occurring therein will be completely confined without endangering the
safety of the airplane or the occupants. Each Class D compartment must
comply with the following:
(1) It must have a means to exclude hazardous quantities of smoke,
flames, or noxious gases from entering any compartment occupied by the
crew or passengers.
(2) Ventilation and drafts must be controlled within each compartment
so that any fire likely to occur in the compartment will not progress
beyond safe limits.
(3) It must be completely lined with fire-resistant material.
(4) Consideration must be given to the effect of heat within the
compartment on adjacent critical parts of the airplane.
(f) Class E. On airplanes used for the carriage of cargo only, the
cabin area may be classified as a Class ''E'' compartment. Each Class E
compartment must comply with the following:
(1) It must be completely lined with fire-resistant material.
(2) It must have a separate system of an approved type smoke or fire
detector to give warning at the pilot or flight engineer station.
(3) It must have a means to shut off the ventilating air flow to or
within the compartment and the controls for that means must be
accessible to the flight crew in the crew compartment.
(4) It must have a means to exclude hazardous quantities of smoke,
flames, or noxious gases from entering the flight crew compartment.
(5) Required crew emergency exits must be accessible under all cargo
loading conditions.
14 CFR 121.223 Proof of compliance with 121.221.
Compliance with those provisions of 121.221 that refer to
compartment accessibility, the entry of hazardous quantities of smoke or
extinguishing agent into compartments occupied by the crew or
passengers, and the dissipation of the extinguishing agent in Class
''C'' compartments must be shown by tests in flight. During these tests
it must be shown that no inadvertent operation of smoke or fire
detectors in other compartments within the airplane would occur as a
result of fire contained in any one compartment, either during the time
it is being extinguished, or thereafter, unless the extinguishing system
floods those compartments simultaneously.
14 CFR 121.225 Propeller deicing fluid.
If combustible fluid is used for propeller deicing, the certificate
holder must comply with 121.255.
14 CFR 121.227 Pressure cross-feed arrangements.
(a) Pressure cross-feed lines may not pass through parts of the
airplane used for carrying persons or cargo unless --
(1) There is a means to allow crewmembers to shut off the supply of
fuel to these lines; or
(2) The lines are enclosed in a fuel and fume-proof enclosure that is
ventilated and drained to the exterior of the airplane.
However, such an enclosure need not be used if those lines
incorporate no fittings on or within the personnel or cargo areas and
are suitably routed or protected to prevent accidental damage.
(b) Lines that can be isolated from the rest of the fuel system by
valves at each end must incorporate provisions for relieving excessive
pressures that may result from exposure of the isolated line to high
temperatures.
14 CFR 121.229 Location of fuel tanks.
(a) Fuel tanks must be located in accordance with 121.255.
(b) No part of the engine nacelle skin that lies immediately behind a
major air outlet from the engine compartment may be used as the wall of
an integral tank.
(c) Fuel tanks must be isolated from personnel compartments by means
of fume- and fuel-proof enclosures.
14 CFR 121.231 Fuel system lines and fittings.
(a) Fuel lines must be installed and supported so as to prevent
excessive vibration and so as to be adequate to withstand loads due to
fuel pressure and accelerated flight conditions.
(b) Lines connected to components of the airplanes between which
there may be relative motion must incorporate provisions for
flexibility.
(c) Flexible connections in lines that may be under pressure and
subject to axial loading must use flexible hose assemblies rather than
hose clamp connections.
(d) Flexible hose must be of an acceptable type or proven suitable
for the particular application.
14 CFR 121.233 Fuel lines and fittings in designated fire zones.
Fuel lines and fittings in each designated fire zone must comply with
121.259.
14 CFR 121.235 Fuel valves.
Each fuel valve must --
(a) Comply with 121.257;
(b) Have positive stops or suitable index provisions in the ''on''
and ''off'' positions; and
(c) Be supported so that loads resulting from its operation or from
accelerated flight conditions are not transmitted to the lines connected
to the valve.
14 CFR 121.237 Oil lines and fittings in designated fire zones.
Oil line and fittings in each designated fire zone must comply with
121.259.
14 CFR 121.239 Oil valves.
(a) Each oil valve must --
(1) Comply with 121.257;
(2) Have positive stops or suitable index provisions in the ''on''
and ''off'' positions; and
(3) Be supported so that loads resulting from its operation or from
accelerated flight conditions are not transmitted to the lines attached
to the valve.
(b) The closing of an oil shutoff means must not prevent feathering
the propeller, unless equivalent safety provisions are incorporated.
14 CFR 121.241 Oil system drains.
Accessible drains incorporating either a manual or automatic means
for positive locking in the closed position, must be provided to allow
safe drainage of the entire oil system.
14 CFR 121.243 Engine breather lines.
(a) Engine breather lines must be so arranged that condensed water
vapor that may freeze and obstruct the line cannot accumulate at any
point.
(b) Engine breathers must discharge in a location that does not
constitute a fire hazard in case foaming occurs and so that oil emitted
from the line does not impinge upon the pilots' windshield.
(c) Engine breathers may not discharge into the engine air induction
system.
14 CFR 121.245 Fire walls.
Each engine, auxiliary power unit, fuel-burning heater, or other item
of combustion equipment that is intended for operation in flight must be
isolated from the rest of the airplane by means of firewalls or shrouds,
or by other equivalent means.
14 CFR 121.247 Fire-wall construction.
Each fire wall and shroud must --
(a) Be so made that no hazardous quantity of air, fluids, or flame
can pass from the engine compartment to other parts of the airplane;
(b) Have all openings in the fire wall or shroud sealed with
close-fitting fire-proof grommets, bushings, or firewall fittings;
(c) Be made of fireproof material; and
(d) Be protected against corrosion.
14 CFR 121.249 Cowling.
(a) Cowling must be made and supported so as to resist the vibration
inertia, and air loads to which it may be normally subjected.
(b) Provisions must be made to allow rapid and complete drainage of
the cowling in normal ground and flight attitudes. Drains must not
discharge in locations constituting a fire hazard. Parts of the cowling
that are subjected to high temperatures because they are near exhaust
system parts or because of exhaust gas impingement must be made of
fireproof material. Unless otherwise specified in these regulations all
other parts of the cowling must be made of material that is at least
fire resistant.
14 CFR 121.251 Engine accessory section diaphragm.
Unless equivalent protection can be shown by other means, a diaphragm
that complies with 121.247 must be provided on air-cooled engines to
isolate the engine power section and all parts of the exhaust system
from the engine accessory compartment.
14 CFR 121.253 Powerplant fire protection.
(a) Designated fire zones must be protected from fire by compliance
with 121.255 through 121.261.
(b) Designated fire zones are --
(1) Engine accessory sections;
(2) Installations where no isolation is provided between the engine
and accessory compartment; and
(3) Areas that contain auxiliary power units, fuel-burning heaters,
and other combustion equipment.
14 CFR 121.255 Flammable fluids.
(a) No tanks or reservoirs that are a part of a system containing
flammable fluids or gases may be located in designated fire zones,
except where the fluid contained, the design of the system, the
materials used in the tank, the shutoff means, and the connections,
lines, and controls provide equivalent safety.
(b) At least one-half inch of clear airspace must be provided between
any tank or reservoir and a firewall or shroud isolating a designated
fire zone.
14 CFR 121.257 Shutoff means.
(a) Each engine must have a means for shutting off or otherwise
preventing hazardous amounts of fuel, oil, deicer, and other flammable
fluids from flowing into, within, or through any designated fire zone.
However, means need not be provided to shut off flow in lines that are
an integral part of an engine.
(b) The shutoff means must allow an emergency operating sequence that
is compatible with the emergency operation of other equipment, such as
feathering the propeller, to facilitate rapid and effective control of
fires.
(c) Shutoff means must be located outside of designated fire zones,
unless equivalent safety is provided, and it must be shown that no
hazardous amount of flammable fluid will drain into any designated fire
zone after a shut off.
(d) Adequate provisions must be made to guard against inadvertent
operation of the shutoff means and to make it possible for the crew to
reopen the shutoff means after it has been closed.
14 CFR 121.259 Lines and fittings.
(a) Each line, and its fittings, that is located in a designated fire
zone, if it carries flammable fluids or gases under pressure, or is
attached directly to the engine, or is subject to relative motion
between components (except lines and fittings forming an integral part
of the engine), must be flexible and fire-resistant with fire-resistant,
factory-fixed, detachable, or other approved fire-resistant ends.
(b) Lines and fittings that are not subject to pressure or to
relative motion between components must be of fire-resistant materials.
14 CFR 121.261 Vent and drain lines.
All vent and drain lines and their fittings, that are located in a
designated fire zone must, if they carry flammable fluids or gases,
comply with 121.259, if the Administrator finds that the rupture or
breakage of any vent or drain line may result in a fire hazard.
14 CFR 121.263 Fire-extinguishing systems.
(a) Unless the certificate holder shows that equivalent protection
against destruction of the airplane in case of fire is provided by the
use of fireproof materials in the nacelle and other components that
would be subjected to flame, fire-extinguishing systems must be provided
to serve all designated fire zones.
(b) Materials in the fire-extinguishing system must not react
chemically with the extinguishing agent so as to be a hazard.
14 CFR 121.265 Fire-extinguishing agents.
Only methyl bromide, carbon dioxide, or another agent that has been
shown to provide equivalent extinguishing action may be used as a
fire-extinguishing agent. If methyl bromide or any other toxic
extinguishing agent is used, provisions must be made to prevent harmful
concentrations of fluid or fluid vapors from entering any personnel
compartment either because of leakage during normal operation of the
airplane or because of discharging the fire extinguisher on the ground
or in flight when there is a defect in the extinguishing system. If a
methyl bromide system is used, the containers must be charged with dry
agent and sealed by the fire-extinguisher manufacturer or some other
person using satisfactory recharging equipment. If carbon dioxide is
used, it must not be possible to discharge enough gas into the personnel
compartments to create a danger of suffocating the occupants.
14 CFR 121.267 Extinguishing agent container pressure relief.
Extinguishing agent containers must be provided with a pressure
relief to prevent bursting of the container because of excessive
internal pressures. The discharge line from the relief connection must
terminate outside the airplane in a place convenient for inspection on
the ground. An indicator must be provided at the discharge end of the
line to provide a visual indication when the container has discharged.
14 CFR 121.269 Extinguishing agent container compartment temperature.
Precautions must be taken to insure that the extinguishing agent
containers are installed in places where reasonable temperatures can be
maintained for effective use of the extinguishing system.
14 CFR 121.271 Fire-extinguishing system materials.
(a) Except as provided in paragraph (b) of this section, each
component of a fire-extinguishing system that is in a designated fire
zone must be made of fireproof materials.
(b) Connections that are subject to relative motion between
components of the airplane must be made of flexible materials that are
at least fire-resistant and be located so as to minimize the probability
of failure.
14 CFR 121.273 Fire-detector systems.
Enough quick-acting fire detectors must be provided in each
designated fire zone to assure the detection of any fire that may occur
in that zone.
14 CFR 121.275 Fire detectors.
Fire detectors must be made and installed in a manner that assures
their ability to resist, without failure, all vibration, inertia, and
other loads to which they may be normally subjected. Fire detectors
must be unaffected by exposure to fumes, oil, water, or other fluids
that may be present.
14 CFR 121.277 Protection of other airplane components against fire.
(a) Except as provided in paragraph (b) of this section, all airplane
surfaces aft of the nacelles in the area of one nacelle diameter on both
sides of the nacelle centerline must be made of material that is at
least fire resistant.
(b) Paragraph (a) of this section does not apply to tail surfaces
lying behind nacelles unless the dimensional configuration of the
airplane is such that the tail surfaces could be affected readily by
heat, flames, or sparks emanating from a designated fire zone or from
the engine compartment of any nacelle.
14 CFR 121.279 Control of engine rotation.
(a) Except as provided in paragraph (b) of this section, each
airplane must have a means of individually stopping and restarting the
rotation of any engine in flight.
(b) In the case of turbine engine installations, a means of stopping
the rotation need be provided only if the Administrator finds that
rotation could jeopardize the safety of the airplane.
14 CFR 121.281 Fuel system independence.
(a) Each airplane fuel system must be arranged so that the failure of
any one component does not result in the irrecoverable loss of power of
more than one engine.
(b) A separate fuel tank need not be provided for each engine if the
certificate holder shows that the fuel system incorporates features that
provide equivalent safety.
14 CFR 121.283 Induction system ice prevention.
A means for preventing the malfunctioning of each engine due to ice
accumulation in the engine air induction system must be provided for
each airplane.
14 CFR 121.285 Carriage of cargo in passenger compartments.
(a) Except as provided in paragraph (b) or (c) of this section, no
certificate holder may carry cargo in the passenger compartment of an
airplane.
(b) Cargo may be carried anywhere in the passenger compartment if it
is carried in an approved cargo bin that meets the following
requirements:
(1) The bin must withstand the load factors and emergency landing
conditions applicable to the passenger seats of the airplane in which
the bin is installed, multiplied by a factor of 1.15, using the combined
weight of the bin and the maximum weight of cargo that may be carried in
the bin.
(2) The maximum weight of cargo that the bin is approved to carry and
any instructions necessary to insure proper weight distribution within
the bin must be conspicuously marked on the bin.
(3) The bin may not impose any load on the floor or other structure
of the airplane that exceeds the load limitations of that structure.
(4) The bin must be attached to the seat tracks or to the floor
structure of the airplane, and its attachment must withstand the load
factors and emergency landing conditions applicable to the passenger
seats of the airplane in which the bin is installed, multiplied by
either the factor 1.15 or the seat attachment factor specified for the
airplane, whichever is greater, using the combined weight of the bin and
the maximum weight of cargo that may be carried in the bin.
(5) The bin may not be installed in a position that restricts access
to or use of any required emergency exit, or of the aisle in the
passenger compartment.
(6) The bin must be fully enclosed and made of material that is at
least flame resistant.
(7) Suitable safeguards must be provided within the bin to prevent
the cargo from shifting under emergency landing conditons.
(8) The bin may not be installed in a position that obscures any
passenger's view of the ''seat belt'' sign ''no smoking'' sign, or any
required exit sign, unless an auxiliary sign or other approved means for
proper notification of the passenger is provided.
(c) Cargo may be carried aft of a bulkhead or divider in any
passenger compartment provided the cargo is restrained to the load
factors in 25.561(b)(3) and is loaded as follows:
(1) It is properly secured by a safety belt or other tiedown having
enough strength to eliminate the possibility of shifting under all
normally anticipated flight and ground conditions.
(2) It is packaged or covered in a manner to avoid possible injury to
passengers and passenger compartment occupants.
(3) It does not impose any load on seats or the floor structure that
exceeds the load limitation for those components.
(4) Its location does not restrict access to or use of any required
emergency or regular exit, or of the aisle in the passenger compartment.
(5) Its location does not obscure any passenger's view of the ''seat
belt'' sign, ''no smoking'' sign, or required exit sign, unless an
auxiliary sign or other approved means for proper notification of the
passenger is provided.
(Doc. No. 6258, 29 FR 19202, Dec. 31, 1964, as amended by Amdt.
121-179, 47 FR 33390, Aug. 2, 1982)
14 CFR 121.287 Carriage of cargo in cargo compartments.
When cargo is carried in cargo compartments that are designed to
require the physical entry of a crewmember to extinguish any fire that
may occur during flight, the cargo must be loaded so as to allow a
crewmember to effectively reach all parts of the compartment with the
contents of a hand fire extinguisher.
14 CFR 121.289 Landing gear: Aural warning device.
(a) Except for airplanes that comply with the requirements of 25.729
of this chapter on or after January 6, 1992, each large airplane must
have a landing gear aural warning device that functions continuously
under the following conditions:
(1) For airplanes with an established approach wing-flap position,
whenever the wing flaps are extended beyond the maximum certificated
approach climb configuration position in the Airplane Flight Manual and
the landing gear is not fully extended and locked.
(2) For airplanes without an established approach climb wing-flap
position, whenever the wing flaps are extended beyond the position at
which landing gear extension is normally performed and the landing gear
is not fully extended and locked.
(b) The warning system required by paragraph (a) of this section --
(1) May not have a manual shutoff;
(2) Must be in addition to the throttle-actuated device installed
under the type certification airworthiness requirements; and
(3) May utilize any part of the throttle-actuated system including
the aural warning device.
(c) The flap position sensing unit may be installed at any suitable
place in the airplane.
(Doc. No. 6258, 29 FR 19202, Dec. 31, 1964, as amended by Amdt.
121-3, 30 FR 3638, Mar. 19, 1965; Amdt. 121-130, 41 FR 47229, Oct. 28,
1976; Amdt. 121-227, 56 FR 63762, Dec. 5, 1991)
Effective Date Note: By Amdt. 121-227, 56 FR 63762, Dec. 5, 1991,
121.289 was amended by revising the introductory text of paragraph (a),
effective January 6, 1992. For the convenience of the user, the
superseded text appears as follows:
121.289Landing gear: Aural warning device.
(a) Each large airplane must have a landing gear aural warning device
that functions continuously under the following conditions:
14 CFR 121.291 Demonstration of emergency evacuation procedures.
(a) Each certificate holder must conduct an actual demonstration of
emergency evacuation procedures in accordance with paragraph (a) of
appendix D to this part to show that each type and model of airplane
with a seating capacity of more than 44 passengers to be used in its
passenger-carrying operations allows the evacuation of the full seating
capacity, including crewmembers, in 90 seconds or less, if that airplane
type and model has not been shown to be in compliance with:
(1) Section 25.803 of this chapter in effect on December 1, 1978,
during type certification; or
(2) Section 121.291(a) of this chapter in effect on October 24, 1967.
(b) Each certificate holder must conduct a partial demonstration of
emergency evacuation procedures in accordance with paragraph (c) of this
section upon:
(1) Initial introduction of a type and model of airplane into
passenger/carrying operation, if the certificate holder has not
conducted an actual demonstration under paragraph (a) of this section;
(2) Changing the number, location, or emergency evacuation duties or
procedures of flight attendants who are required by 121.391; or
(3) Changing the number, location, type of emergency exits, or type
of opening mechanism on emergency exits available for evacuation.
(c) In conducting a partial demonstration each certificate holder
must:
(1) Demonstrate the effectiveness of its crewmember emergency
training and evacuation procedures by conducting a demonstration, not
requiring passengers and observed by the Administrator, in which the
flight attendants for that type and model of airplane, using that
operator's line operating procedures, open 50 percent of the required
floor-level emergency exits and 50 percent of the required
non-floor-level emergency exits whose opening by a flight attendant is
defined as an emergency evacuation duty under 121.397, and deploy 50
percent of the exit slides. The exits and slides will be selected by
the administrator and must be ready for use within 15 seconds;
(2) Apply for and obtain approval from the Flight Standards District
Office maintaining surveillance of its operations before conducting the
demonstration;
(3) Use flight attendants in this demonstration who have been
selected at random by the Administrator, have completed the certificate
holder's FAA-approved training program for the type and model of
airplane, and have passed a written or practical examination on the
emergency equipment and procedures; and
(4) Apply for and obtain approval from the FAA certificate-holding
office having jurisdiction over its operations before commencing
operations with this type and model airplane.
(d) Each certificate holder operating or proposing to operate one or
more landplanes in extended overwater operations, or otherwise required
to have certain equipment under 121.339, must show, by simulated
ditching conducted in accordance with paragraph (b) of appendix D to
this part, that it has the ability to efficiently carry out its ditching
procedures.
(e) For a type and model airplane for which the simulated ditching
specified in paragraph (d) has been conducted by a part 121 certificate
holder, the requirements of paragraphs (b)(2), (b)(4), and (b)(5) of
appendix D to this part are complied with if each life raft is removed
from stowage, one life raft is launched and inflated (or one slide life
raft is inflated) and crewmembers assigned to the inflated life raft
display and describe the use of each item of required emergency
equipment. The life raft or slide life raft to be inflated will be
selected by the Administrator.
(Doc. No. 21269, 46 FR 61453, Dec. 17, 1981)
14 CFR 121.291 Subpart K -- Instrument and Equipment Requirements
Source: Docket No. 6258, 29 FR 19205, Dec. 31, 1964, unless
otherwise noted.
14 CFR 121.301 Applicability.
This subpart prescribes instrument and equipment requirements for all
certificate holders.
14 CFR 121.303 Airplane instruments and equipment.
(a) Unless otherwise specified, the instrument and equipment
requirements of this subpart apply to all operations under this part.
(b) Instruments and equipment required by 121.305 through 121.359
must be approved and installed in accordance with the airworthiness
requirements applicable to them.
(c) Each airspeed indicator must be calibrated in knots, and each
airspeed limitation and item of related information in the Airplane
Flight Manual and pertinent placards must be expressed in knots.
(d) Except as provided in 121.627(b) and 121.628, no person may
take off any airplane unless the following instruments and equipment are
in operable condition:
(1) Instruments and equipment required to comply with airworthiness
requirements under which the airplane is type certificated and as
required by 121.213 through 121.283 and 121.289.
(2) Instruments and equipment specified in 121.305 through 121.321
and 121.359 for all operations, and the instruments and equipment
specified in 121.323 through 121.351 for the kind of operation
indicated, wherever these items are not already required by paragraph
(d)(1) of this section.
(3) After September 1, 1976, the instruments and equipment required
by 121.360, unless required earlier --
(i) In a plan issued to the certificate holder by the Administrator
to obtain information on system reliability; or
(ii) In the certificate holder's operations specifications.
(Doc. No. 6258, 29 FR 19202, Dec. 31, 1964, as amended by Amdt.
121-44, 33 FR 14406, Sept. 25, 1968; Amdt. 121-65, 35 FR 12709, Aug.
11, 1970; Amdt. 121-114, 39 FR 44440, Dec. 24, 1974; Amdt. 121-126, 40
FR 55314, Nov. 28, 1975; Amdt. 121-222, 56 FR 12310, Mar. 22, 1991)
14 CFR 121.305 Flight and navigational equipment.
No person may operate an airplane unless it is equipped with the
following flight and navigational instruments and equipment:
(a) An airspeed indicating system with heated pitot tube or
equivalent means for preventing malfunctioning due to icing.
(b) A sensitive altimeter.
(c) A sweep-second hand clock (or approved equivalent).
(d) A free-air temperature indicator.
(e) A gyroscopic bank and pitch indicator (artificial horizon).
(f) A gyroscopic rate-of-turn indicator combined with an integral
slip-skid indicator (turn-and-bank indicator) except that only a
slip-skid indicator is required when a third attitude instrument system
usable through flight attitudes of 360 of pitch and roll is installed
in accordance with paragraph (j) of this section.
(g) A gyroscopic direction indicator (directional gyro or
equivalent).
(h) A magnetic compass.
(i) A vertical speed indicator (rate-of-climb indicator).
(j) On large turbojet powered airplanes, in addition to two
gyroscopic bank-and-pitch indicators (artificial horizons) for use at
the pilot stations, at third such instrument that --
(1) Is powered from a source independent of the electrical generating
system;
(2) Continues reliable operation for a minimum of 30 minutes after
total failure of the electrical generating system;
(3) Operates independently of any other attitude indicating system;
(4) Is operative without selection after total failure of the
electrical generating system;
(5) Is located on the instrument panel in a position acceptable to
the Administrator that will make it plainly visible to and usable by any
pilot at his station; and
(6) Is appropriately lighted during all phases of operation.
(Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt.
121-57, 35 FR 304, Jan. 8, 1970; Amdt. 121-60, 35 FR 7108, May 6, 1970;
Amdt. 121-81, 36 FR 23050, Dec. 3, 1971; Amdt. 121-130, 41 FR 47229,
Oct. 28, 1976)
14 CFR 121.307 Engine instruments.
Unless the Administrator allows or requires different instrumentation
for turbine engine powered airplanes to provide equivalent safety, no
person may conduct any operation under this part without the following
engine instruments:
(a) A carburetor air temperature indicator for each engine.
(b) A cylinder head temperature indicator for each air-cooled engine.
(c) A fuel pressure indicator for each engine.
(d) A fuel flowmeter or fuel mixture indicator for each engine not
equipped with an automatic altitude mixture control.
(e) A means for indicating fuel quantity in each fuel tank to be
used.
(f) A manifold pressure indicator for each engine.
(g) An oil pressure indicator for each engine.
(h) An oil quantity indicator for each oil tank when a transfer or
separate oil reserve supply is used.
(i) An oil-in temperature indicator for each engine.
(j) A tachometer for each engine.
(k) An independent fuel pressure warning device for each engine or a
master warning device for all engines with a means for isolating the
individual warning circuits from the master warning device.
(l) A device for each reversible propeller, to indicate to the pilot
when the propeller is in reverse pitch, that complies with the
following:
(1) The device may be actuated at any point in the reversing cycle
between the normal low pitch stop position and full reverse pitch, but
it may not give an indication at or above the normal low pitch stop
position.
(2) The source of indication must be actuated by the propeller blade
angle or be directly responsive to it.
14 CFR 121.308 Lavatory fire protection.
(a) After October 29, 1986, no person may operate a
passenger-carrying transport category airplane unless each lavatory in
the airplane is equipped with a smoke detector system or equivalent that
provides a warning light in the cockpit or provides a warning light or
audio warning in the passenger cabin which would be readily detected by
a flight attendant, taking into consideration the positioning of flight
attendants throughout the passenger compartment during various phases of
flight.
(b) After April 29, 1987, no person may operate a passenger-carrying
transport category airplane unless each lavatory in the airplane is
equipped with a built-in fire extinguisher for each disposal receptacle
for towels, paper, or waste located within the lavatory. The built-in
fire extinguisher must be designed to discharge automatically into each
disposal receptacle upon occurrence of a fire in the receptacle.
(Doc. No. 24073, 50 FR 12733, Mar. 29, 1985)
14 CFR 121.309 Emergency equipment.
(a) General: No person may operate an airplane unless it is equipped
with the emergency equipment listed in this section and in 121.310.
(b) Each item of emergency and flotation equipment listed in this
section and in 121.310, 121.339, and 121.340 --
(1) Must be inspected regularly in accordance with inspection periods
established in the operations specifications to ensure its condition for
continued serviceability and immediate readiness to perform its intended
emergency purposes;
(2) Must be readily accessible to the crew and, with regard to
equipment located in the passenger compartment, to passengers;
(3) Must be clearly identified and clearly marked to indicate its
method of operation; and
(4) When carried in a compartment or container, must be carried in a
compartment or container marked as to contents and the compartment or
container, or the item itself, must be marked as to date of last
inspection.
(c) Hand fire extinguishers for crew, passenger, and cargo
compartments. Hand fire extinguishers of an approved type must be
provided for use in crew, passenger, and cargo compartments in
accordance with the following:
(1) The type and quantity of extinguishing agent must be suitable for
the kinds of fires likely to occur in the compartment where the
extinguisher is intended to be used and, for passenger compartments,
must be designed to minimize the hazard of toxic gas concentrations.
(2) After October 29, 1985, at least one hand fire extinguisher must
be provided and conveniently located for use in each class E cargo
compartment which is accessible to crewmembers during flight, and at
least one must be located in each upper and lower lobe galley.
(3) At least one hand fire extinguisher must be conveniently located
on the flight deck for use by the flightcrew.
(4) At least one hand fire extinguisher must be conveniently located
in the passenger compartment of each airplane accommodating more than 6
but less than 31 passengers, and at least two hand fire extinguishers
must be conveniently located in each airplane accommodating more than 30
passengers. After October 29, 1985, at least 2 hand fire extinguishers
must be conveniently located and uniformly distributed in the passenger
compartment of airplanes having a passenger seating capacity of 60 or
less and for the passenger compartment of each airplane having a
passenger seating capacity of more than 60, there must be at least the
following number of hand fire extinguishers conveniently located and
uniformly distributed throughout the compartment:
(5) After April 29, 1986, at least two of the required hand fire
extinguishers installed in the airplane must contain Halon 1211
(bromochlorodifluoromethane) or equivalent as the extinguishing agent.
(d) First-aid and emergency medical equipment. Approved first-aid
kits and, on passenger flights, an emergency medical kit for treatment
of injuries or medical emergencies that might occur during flight time
or in minor accidents must be provided and must meet the specifications
and requirements of appendix A.
(e) Crash ax. Each airplane must be equipped with a crash ax.
(f) Megaphones. Each passenger-carrying airplane must have a
portable battery-powered megaphone or megaphones readily accessible to
the crewmembers assigned to direct emergency evacuation, installed as
follows:
(1) One megaphone on each airplane with a seating capacity of more
than 60 and less than 100 passengers, at the most rearward location in
the passenger cabin where it would be readily accessible to a normal
flight attendant seat. However, the Administrator may grant a deviation
from the requirements of this subparagraph if he finds that a different
location would be more useful for evacuation of persons during an
emergency.
(2) Two megaphones in the passenger cabin on each airplane with a
seating capacity of more than 99 passengers, one installed at the
forward end and the other at the most rearward location where it would
be readily accessible to a normal flight attendant seat.
(Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt.
121-30, 32 FR 13267, Sept. 20, 1967; Amdt. 121-48, 34 FR 11489, July
11, 1969; Amdt. 121-106, 38 FR 22377, Aug. 20, 1973; Amdt. 121-185, 50
FR 12733, Mar. 29, 1985; 50 FR 14373, Apr. 12, 1985; Amdt. 121-188,
51 FR 1223, Jan. 9, 1986)
14 CFR 121.310 Additional emergency equipment.
(a) Means for emergency evacuation. Each passenger-carrying
landplane emergency exit (other than over-the-wing) that is more than 6
feet from the ground with the airplane on the ground and the landing
gear extended, must have an approved means to assist the occupants in
descending to the ground. The assisting means for a floor-level
emergency exit must meet the requirements of 25.809(f)(1) of this
chapter in effect on April 30, 1972, except that, for any airplane for
which the application for the type certificate was filed after that
date, it must meet the requirements under which the airplane was type
certificated. An assisting means that deploys automatically must be
armed during taxiing, takeoffs, and landings. However, if the
Administrator finds that the design of the exit makes compliance
impractical, he may grant a deviation from the requirement of automatic
deployment if the assisting means automatically erects upon deployment
and, with respect to required emergency exits, if an emergency
evacuation demonstration is conducted in accordance with 121.291(a).
This paragraph does not apply to the rear window emergency exit of DC-3
airplanes operated with less than 36 occupants, including crewmembers
and less than five exits authorized for passenger use.
(b) Interior emergency exit marking. The following must be complied
with for each passenger-carrying airplane:
(1) Each passenger emergency exit, its means of access, and its means
of opening must be conspicuously marked. The identity and location of
each passenger emergency exit must be recognizable from a distance equal
to the width of the cabin. The location of each passenger emergency
exit must be indicated by a sign visible to occupants approaching along
the main passenger aisle. There must be a locating sign --
(i) Above the aisle near each over-the-wing passenger emergency exit,
or at another ceiling location if it is more practical because of low
headroom;
(ii) Next to each floor level passenger emergency exit, except that
one sign may serve two such exits if they both can be seen readily from
that sign; and
(iii) On each bulkhead or divider that prevents fore and aft vision
along the passenger cabin, to indicate emergency exits beyond and
obscured by it, except that if this is not possible the sign may be
placed at another appropriate location.
(2) Each passenger emergency exit marking and each locating sign must
meet the following:
(i) For an airplane for which the application for the type
certificate was filed prior to May 1, 1972, each passenger emergency
exit marking and each locating sign must be manufactured to meet the
requirements of 25.812(b) of this chapter in effect on April 30, 1972.
On these airplanes, no sign may continue to be used if its luminescence
(brightness) decreases to below 100 microlamberts. The colors may be
reversed if it increases the emergency illumination of the passenger
compartment. However, the Administrator may authorize deviation from
the 2-inch background requirements if he finds that special
circumstances exist that make compliance impractical and that the
proposed deviation provides an equivalent level of safety.
(ii) For an airplane for which the application for the type
certificate was filed on or after May 1, 1972, each passenger emergency
exit marking and each locating sign must be manufactured to meet the
interior emergency exit marking requirements under which the airplane
was type certificated. On these airplanes, no sign may continue to be
used if its luminescence (brightness) decreases to below 250
microlamberts.
(c) Lighting for interior emergency exit markings. Each
passenger-carrying airplane must have an emergency lighting system,
independent of the main lighting system. However, sources of general
cabin illumination may be common to both the emergency and the main
lighting systems if the power supply to the emergency lighting system is
independent of the power supply to the main lighting system. The
emergency lighting system must --
(1) Illuminate each passenger exit marking and locating sign;
(2) Provide enough general lighting in the passenger cabin so that
the average illumination when measured at 40-inch intervals at seat
armrest height, on the centerline of the main passenger aisle, is at
least 0.05 foot-candles; and
(3) For airplanes type certificated after January 1, 1958, after
November 26, 1986, include floor proximity emergency escape path marking
which meets the requirements of 25.812(e) of this chapter in effect on
November 26, 1984.
(d) Emergency light operation. Except for lights forming part of
emergency lighting subsystems provided in compliance with 25.812(h) of
this chapter (as prescribed in paragraph (h) of this section) that serve
no more than one assist means, are independent of the airplane's main
emergency lighting systems, and are automatically activated when the
assist means is deployed, each light required by paragraphs (c) and (h)
of this section must comply with the following:
(1) Until July 1, 1971, each light must be operable manually, and
must operate automatically from the independent lighting system --
(i) In a crash landing; or
(ii) Whenever the airplane's normal electric power to the light is
interrupted.
(2) After June 30, 1971, each light must --
(i) Be operable manually both from the flight crew station and from a
point in the passenger compartment that is readily accessible to a
normal flight attendant seat;
(ii) Have a means to prevent inadvertent operation of the manual
controls, and
(iii) When armed or turned on at either station, remain lighted or
become lighted upon interruption of the airplane's normal electric
power.
Each light must be armed or turned on during taxiing, takeoff, and
landing. In showing compliance with this paragraph a transverse
vertical separation of the fuselage need not be considered.
(3) After May 1, 1974, each light must provide the required level of
illumination for at least 10 minutes at the critical ambient conditions
after emergency landing.
(4) After December 1, 1980, each light must have a cockpit control
device that has an ''on'', ''off'', and ''armed'' position.
(e) Emergency exit operating handles. (1) For a passenger-carrying
airplane for which the application for the type certificate was filed
prior to May 1, 1972, the location of each passenger emergency exit
operating handle, and instructions for opening the exit, must be shown
by a marking on or near the exit that is readable from a distance of 30
inches. In addition, for each Type I and Type II emergency exit with a
locking mechanism released by rotary motion of the handle, the
instructions for opening must be shown by --
(i) A red arrow with a shaft at least three-fourths inch wide and a
head twice the width of the shaft, extending along at least 70 of arc
at a radius approximately equal to three-fourths of the handle length;
and
(ii) The word ''open'' in red letters 1 inch high placed horizontally
near the head of the arrow.
(2) For a passenger-carrying airplane for which the application for
the type certificate was filed on or after May 1, 1972, the location of
each passenger emergency exit operating handle and instructions for
opening the exit must be shown in accordance with the requirements under
which the airplane was type certificated. On these airplanes, no
operating handle or operating handle cover may continue to be used if
its luminescence (brightness) decreases to below 100 microlamberts.
(f) Emergency exit access. Access to emergency exits must be
provided as follows for each passenger-carrying airplane:
(1) Each passage way between individual passenger areas, or leading
to a Type I or Type II emergency exit, must be unobstructed and at least
20 inches wide.
(2) There must be enough space next to each Type I or Type II
emergency exit to allow a crewmember to assist in the evacuation of
passengers without reducing the unobstructed width of the passageway
below that required in paragraph (f)(1) of this section. However the
Administrator may authorize deviation from this requirement for an
airplane certificated under the provisions of part 4b of the Civil Air
Regulations in effect before December 20, 1951, if he finds that special
circumstances exist that provide an equivalent level of safety.
(3) There must be access from the main aisle to each Type III and
Type IV exit. The access from the aisle to these exits must not be
obstructed by seats, berths, or other protrusions in a manner that would
reduce the effectiveness of the exit. In addition --
(i) For an airplane for which the application for the type
certificate was filed prior to May 1, 1972, the access must meet the
requirements of 25.813(c) of this chapter in effect on April 30, 1972;
and
(ii) For an airplane for which the application for the type
certificate was filed on or after May 1, 1972, the access must meet the
emergency exit access requirements under which the airplane was type
certificated.
(4) If it is necessary to pass through a passageway between passenger
compartments to reach any required emergency exit from any seat in the
passenger cabin, the passageway must not be obstructed. However,
curtains may be used if they allow free entry through the passageway.
(5) No door may be installed in any partition between passenger
compartments.
(6) If it is necessary to pass through a doorway separating the
passenger cabin from other areas to reach required emergency exit from
any passenger seat, the door must have a means to latch it in open
position, and the door must be latched open during each takeoff and
landing. The latching means must be able to withstand the loads imposed
upon it when the door is subjected to the ultimate inertia forces,
relative to the surrounding structure, listed in 25.561(b) of this
chapter.
(g) Exterior exit markings. Each passenger emergency exit and the
means of opening that exit from the outside must be marked on the
outside of the airplane. There must be a 2-inch colored band outlining
each passenger emergency exit on the side of the fuselage. Each outside
marking, including the band, must be readily distinguishable from the
surrounding fuselage area by contrast in color. The markings must
comply with the following:
(1) If the reflectance of the darker color is 15 percent or less, the
reflectance of the lighter color must be at least 45 percent.
(2) If the reflectance of the darker color is greater than 15
percent, at least a 30 percent difference between its reflectance and
the reflectance of the lighter color must be provided.
(3) Exits that are not in the side of the fuselage must have the
external means of opening and applicable instructions marked
conspicuously in red or, if red is inconspicuous against the background
color, in bright chrome yellow and, when the opening means for such an
exit is located on only one side of the fuselage, a conspicuous marking
to that effect must be provided on the other side. Reflectance is the
ratio of the luminous flux reflected by a body to the luminous flux it
receives.
(h) Exterior emergency lighting and escape route. (1) Each
passenger-carrying airplane must be equipped with exterior lighting that
meets the following requirements:
(i) For an airplane for which the application for the type
certificate was filed prior to May 1, 1972, the requirements of 25.812
(f) and (g) of this chapter in effect on April 30, 1972.
(ii) For an airplane for which the application for the type
certificate was filed on or after May 1, 1972, the exterior emergency
lighting requirements under which the airplane was type certificated.
(2) Each passenger-carrying airplane must be equipped with a
slip-resistant escape route that meets the following requirements:
(i) For an airplane for which the application for the type
certificate was filed prior to May 1, 1972, the requirements of
25.803(e) of this chapter in effect on April 30, 1972.
(ii) For an airplane for which the application for the type
certificate was filed on or after May 1, 1972, the slip-resistant escape
route requirements under which the airplane was type certificated.
(i) Floor level exits. Each floor level door or exit in the side of
the fuselage (other than those leading into a cargo or baggage
compartment that is not accessible from the passenger cabin) that is 44
or more inches high and 20 or more inches wide, but not wider than 46
inches, each passenger ventral exit (except the ventral exits on M-404
and CV-240 airplanes), and each tail cone exit, must meet the
requirements of this section for floor level emergency exits. However,
the Administrator may grant a deviation from this paragraph if he finds
that circumstances make full compliance impractical and that an
acceptable level of safety has been achieved.
(j) Additional emergency exits. Approved emergency exits in the
passenger compartments that are in excess of the minimum number of
required emergency exits must meet all of the applicable provisions of
this section except paragraphs (f)(1), (2), and (3) of this section and
must be readily accessible.
(k) After August 28, 1973, on each large passenger-carrying
turbojet-powered airplane, each ventral exit and tailcone exit must be
--
(1) Designed and constructed so that it cannot be opened during
flight; and
(2) Marked with a placard readable from a distance of 30 inches and
installed at a conspicuous location near the means of opening the exit,
stating that the exit has been designed and constructed so that it
cannot be opened during flight.
(l) Portable lights. After December 1, 1980, no person may operate a
passenger-carrying airplane unless it is equipped with flashlight
stowage provisions accessible from each flight attendant seat.
(m) Except as provided by 121.627(c) and except for an airplane used
in operations under this part on October 16, 1987, and having an
emergency exit configeration installed and authorized for operation
prior to October 16, 1987, for an airplane that is required to have more
than one passenger emergency exit for each side of the fuselage, no
passenger emergency exit shall be more than 60 feet from any adjacent
passenger emergency exit on the same side of the same deck of the
fuselage, as measured parallel to the airplane's longitudinal axis
between the nearest exit edges.
(Amdt. 121-2, 30 FR 3205, Mar. 9, 1965)
Editorial Note: For Federal Register citations affecting 121.310,
see the List of CFR Sections Affected in the Finding Aids section of
this volume.
14 CFR 121.311 Seats, safety belts, and shoulder harnesses.
(a) No person may operate an airplane unless there are available
during the takeoff, en route flight, and landing --
(1) An approved seat or berth for each person on board the airplane
who has reached his second birthday; and
(2) An approved safety belt for separate use by each person on board
the airplane who has reached his second birthday, except that two
persons occupying a berth may share one approved safety belt and two
persons occupying a multiple lounge or divan seat may share one approved
safety belt during en route flight only.
(b) During the takeoff and landing of an airplane, each person on
board shall occupy an approved seat or berth with a separate safety belt
properly secured about him. However, a person who has not reached his
second birthday may be held by an adult who is occupying a seat or
berth. A safety belt provided for the occupant of a seat may not be
used during takeoff and landing by more than one person who has reached
his second birthday.
(c) After September 30, 1969, each sideward facing seat must comply
with the applicable requirements of 25.785(c) of this chapter.
(d) Except as provided in paragraphs (d) (1) and (2) of this section,
no certificate holder may take off or land an airplane unless each
passenger seat back is in the upright position. Each passenger shall
comply with instructions given by a crewmember in compliance with this
paragraph.
(1) This paragraph does not apply to seat backs placed in other than
the upright position in compliance with 121.310(f)(3).
(2) This paragraph does not apply to seats on which cargo or persons
who are unable to sit erect for a medical reason are carried in
accordance with procedures in the certificate holder's manual if the
seat back does not obstruct any passenger's access to the aisle or to
any emergency exit.
(e) No person may operate a transport category airplane that was type
certificated after January 1, 1958, unless it is equipped at each flight
deck station with a combined safety belt and shoulder harness that meets
the applicable requirements specified in 25.785 of this chapter,
effective March 6, 1980, except that --
(1) Shoulder harnesses and combined safety belt and shoulder
harnesses that were approved and installed before March 6, 1980, may
continue to be used; and
(2) Safety belt and shoulder harness restraint systems may be
designed to the inertia load factors established under the certification
basis of the airplane.
(f) Each flight attendant must have a seat for takeoff and landing in
the passenger compartment that meets the requirements of 25.785 of this
chapter, effective March 6, 1980, except that --
(1) Combined safety belt and shoulder harnesses that were approved
and installed before March, 6, 1980, may continue to be used; and
(2) Safety belt and shoulder harness restraint systems may be
designed to the inertia load factors established under the certification
basis of the airplane.
(3) The requirements of 25.785(h) do not apply to passenger seats
occupied by flight attendants not required by 121.391.
(g) Each occupant of a seat equipped with a combined safety belt and
shoulder harness must have the combined safety belt and shoulder harness
properly secured about that occupant during takeoff and landing and be
able to properly perform assigned duties.
(h) At each unoccupied seat, the safety belt and shoulder harness, if
installed, must be secured so as not to interfere with crewmembers in
the performance of their duties or with the rapid egress of occupants in
an emergency.
(Amdt. 121-30, 32 FR 13267, Sept. 20, 1967; as amended by Amdt.
121-41, 33 FR 9067, June 20, 1968; Amdt. 121-75, 36 FR 12512, July 1,
1971; Amdt. 121-133, 42 FR 18394, Apr. 7, 1977; Amdt. 121-155, 45 FR
7756, Feb. 4, 1980; Amdt. 121-170, 46 FR 15482, Mar. 5, 1981; Amdt.
121-177, 47 FR 10516, Mar. 11, 1982)
14 CFR 121.312 Materials for compartment interiors.
(a) Except for those materials covered by paragraph (b) of this
section, all materials in each compartment used by the crewmembers or
passengers must meet the requirements of 25.853 of this chapter in
effect as follows or later amendment thereto:
(1) All airplanes manufactured on or after August 20, 1988, but prior
to August 20, 1990, must comply with the heat release rate testing
provisions of 25.853(a-1) in effect on August 20, 1986 or the date of a
later amendment thereto, except that the total heat release over the
first 2 minutes of sample exposure must not exceed 100 kilowatt minutes
per square meter and the peak heat release rate must not exceed 100
kilowatts per square meter.
(2) All airplanes manufactured on or after August 20, 1990, must
comply with the heat release rate and smoke testing provisions of
25.853(a-1) in effect on September 26, 1988.
(3) Upon the first substantially complete replacement of the cabin
interior prior to August 20, 1988.
(i) An airplane for which the application for type certificate was
filed prior to May 1, 1972, must comply with the provisions of 25.853
in effect on April 30, 1972;
(ii) An airplane for which the application for type certificate was
filed on or after May 1, 1972, must comply with the materials
requirements under which the airplane was type certificated.
(4) Upon the first substantially complete replacement of the cabin
interior on or after August 20, 1988, airplanes type certificated on or
before January 1, 1958, must comply with the provisions of 25.853 in
effect on April 30, 1972.
(5) Upon the first substantially complete replacement of the cabin
interior components subject to 25.853(a-1) on or after August 20, 1988,
but prior to August 20, 1990, airplanes type certificated after January
1, 1958, must comply with the heat release rate testing provisions of
that paragraph in effect on August 20, 1986, or the date of a later
amendment thereto, except that the total heat release over the first 2
minutes of sample exposure shall not exceed 100 kilowatt-minutes per
square meter, and the peak heat release rate shall not exceed 100
kilowatts per square meter.
(6) Upon the first substantially complete replacement of the cabin
interior components identified in 25.853(a-1) on or after August 20,
1990, airplanes type certificated after January 1, 1958, must comply
with the heat release rate and smoke testing provisions of that
paragraph in effect on September 26, 1988.
(7) Contrary provisions of this section notwithstanding, the Manager
of the Transport Airplane Directorate, Aircraft Certification Service,
Federal Aviation Administration, may authorize deviation from the
requirements of paragraph (a)(1), (a)(2), (a)(5), or (a)(6) of this
section for specific components of the cabin interior which do not meet
applicable flammability and smoke emission requirements, if the
determination is made that special circumstances exist that make
compliance impractical. Such grants of deviation will be limited to
those airplanes manufactured within 1 year after the applicable date
specified in this section and those airplanes in which the interior is
replaced within 1 year of that date. A request for such grant of
deviation must include a thorough and accurate analysis of each
component subject to 25.853(a-1), the steps being taken to achieve
compliance, and, for the few components for which timely compliance will
not be achieved, credible reasons for such noncompliance.
(b) For airplanes type certificated after January 1, 1958, after
November 26, 1987, seat cushions, except those on flight crewmember
seats, in any compartment occupied by crew or passengers must comply
with the requirements pertaining to fire protection of seat cushions in
25.853(c), effective November 26, 1984, and appendix F to part 25 of
this chapter, effective November 26, 1984.
(Amdt. 121-84, 37 FR 3975, Feb. 24, 1972, as amended by Amdt.
121-184, 49 FR 43200, Oct. 26, 1984; Amdt. 121-189, 51 FR 26221, July
21, 1986; Amdt. 121-198, 53 FR 32581, Aug. 25, 1988)
14 CFR 121.313 Miscellaneous equipment.
No person may conduct any operation unless the following equipment is
installed in the airplane:
(a) If protective fuses are installed on an airplane, the number of
spare fuses approved for that airplane and appropriately described in
the certificate holder's manual.
(b) A windshield wiper or equivalent for each pilot station.
(c) A power supply and distribution system that meets the
requirements of 25.1309, 25.1331, 25.1351(a) and (b)(1) through (4),
25.1353, 25.1355, and 25.1431(b) or that is able to produce and
distribute the load for the required instruments and equipment, with use
of an external power supply if any one power source or component of the
power distribution system fails. The use of common elements in the
system may be approved if the Administrator finds that they are designed
to be reasonably protected against malfunctioning. Engine-driven
sources of energy, when used, must be on separate engines.
(d) A means for indicating the adequacy of the power being supplied
to required flight instruments.
(e) Two independent static pressure systems, vented to the outside
atmospheric pressure so that they will be least affected by air flow
variation or moisture or other foreign matter, and installed so as to be
airtight except for the vent. When a means is provided for transferring
an instrument from its primary operating system to an alternate system,
the means must include a positive positioning control and must be marked
to indicate clearly which system is being used.
(f) A door between the passenger and pilot compartments, with a
locking means to prevent passengers from opening it without the pilot's
permission.
(g) A key for each door that separates a passenger compartment from
another compartment that has emergency exit provisions. The key must be
readily available for each crewmember.
(h) A placard on each door that is the means of access to a required
passenger emergency exit, to indicate that it must be open during
takeoff and landing.
(i) A means for the crew, in an emergency to unlock each door that
leads to a compartment that is normally accessible to passengers and
that can be locked by passengers.
(Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt.
121-5, 30 FR 6113, Apr. 30, 1965)
14 CFR 121.314 Cargo and baggage compartments.
(a) After March 20, 1991, each Class C or D compartment, as defined
in 25.857 of part 25 of this chapter, greater than 200 cubic feet in
volume in a transport category airplane type certificated after January
1, 1958, must have ceiling and sidewall liner panels which are
constructed of:
(1) Glass fiber reinforced resin;
(2) Materials which meet the test requirements of part 25, appendix
F, part III of this chapter; or
(3) In the case of liner installations approved prior to March 20,
1989, aluminum.
(b) For compliance with this section, the term ''liner'' includes any
design feature, such as a joint or fastener, which would affect the
capability of the liner to safely contain a fire.
(Doc. No. 25430, 54 FR 7389, Feb. 17, 1989)
14 CFR 121.315 Cockpit check procedure.
(a) Each certificate holder shall provide an approved cockpit check
procedure for each type of aircraft.
(b) The approved procedures must include each item necessary for
flight crewmembers to check for safety before starting engines, taking
off, or landing, and in engine and systems emergencies. The procedures
must be designed so that a flight crewmember will not need to rely upon
his memory for items to be checked.
(c) The approved procedures must be readily usable in the cockpit of
each aircraft and the flight crew shall follow them when operating the
aircraft.
14 CFR 121.316 Fuel tanks.
Each turbine powered transport category airplane operated after
October 30, 1991, must meet the requirements of 25.963(e) of this
chapter in effect on October 30, 1989.
(Doc. No. 25614, 54 FR 40354, Sept. 29, 1989)
14 CFR 121.317 Passenger information.
(a) No person may operate an airplane unless it is equipped with
passenger information signs that meet the requirements of 25.791 of
this chapter. The signs must be constructed so that the crewmembers can
turn them on and off.
(b) The seat belt sign shall be turned on for each landing and
takeoff, and at any other time considered necessary by the pilot in
command.
(c) No person may operate an aircraft on a flight segment on which
smoking is prohibited unless the ''No Smoking'' passenger information
signs are lighted during the entire flight segment, or one or more ''No
Smoking'' placards meeting the requirements of 25.1541 are posted
during the entire flight segment. If both the lighted signs and the
placards are used, the signs must remain lighted during the entire
flight segment. Smoking is prohibited on scheduled flight segments:
(1) Between any two points within Puerto Rico, the United States
Virgin Islands, the District of Columbia, or any State of the United
States (other than Alaska or Hawaii) or between any two points in any
one of the above-mentioned jurisdictions (other than Alaska or Hawaii);
(2) Within the State of Alaska or within the State of Hawaii; or
(3) Scheduled in the current Worldwide or North American Edition of
the Official Airline Guide for 6 hours or less in duration and between
any point listed in paragraph (c) (1) of this section and any point in
Alaska or Hawaii, or between any point in Alaska and any point in
Hawaii.
(d) No person may operate a passenger-carrying airplane under this
part unless there is affixed to each forward bulkhead and each passenger
seat back a sign or placard that reads ''Fasten Seat Belt While
Seated.'' These signs or placards need not meet the requirements of
paragraph (a) of this section.
(e) After December 31, 1988, no person may operate an airplane unless
there is installed in each lavatory a sign or placard that reads:
''Federal law provides for a penalty of up to $2,000 for tampering with
the smoke detector installed in this lavatory.'' These signs or placards
need not meet the requirements of paragraph (a) of this section.
(f) Each passenger shall fasten that passenger's seat belt and keep
it fastened while the seat belt sign is lighted.
(g) No person may smoke while a ''No Smoking'' sign is lighted or if
''No Smoking'' placards are posted, except that the pilot in command may
authorize smoking on the flight deck except during landings and
takeoffs.
(h) No person may smoke in any airplane lavatory.
(i) No person may tamper with, disable, or destroy any smoke detector
installed in any airplane lavatory.
(j) On flight segments other than those described in paragraph (c) of
this section, the ''No Smoking'' sign must be turned on for each takeoff
and landing and at any other time considered necessary by the pilot in
command.
(Doc. No. 25590, Amdt. 121-196, 53 FR 12361, Apr. 13, 1988, as
amended at 53 FR 44182, Nov. 2, 1988; Amdt. 121-213, 55 FR 8367, Mar.
7, 1990)
14 CFR 121.318 Public address system.
No person may operate an airplane with a seating capacity of more
than 19 passengers unless it is equipped with a public address system
which --
(a) Is capable of operation independent of the crewmember interphone
system required by 121.319, except for handsets, headsets, microphones,
selector switches, and signaling devices;
(b) Is approved in accordance with 21.305 of this chapter;
(c) Is accessible for immediate use from each of two flight
crewmember stations in the pilot compartment;
(d) For each required floor-level passenger emergency exit which has
an adjacent flight attendant seat, has a microphone which is readily
accessible to the seated flight attendant, except that one microphone
may serve more than one exit, provided the proximity of the exits allows
unassisted verbal communication between seated flight attendants;
(e) Is capable of operation within 10 seconds by a flight attendant
at each of those stations in the passenger compartment from which its
use is accessible;
(f) Is audible at all passenger seats, lavatories, and flight
attendant seats and work stations; and
(g) For transport category airplanes manufactured on or after
November 27, 1990, meets the requirements of 25.1423 of this chapter.
(Doc. No. 24995, 54 FR 43926, Oct. 27, 1989)
14 CFR 121.319 Crewmember interphone system.
(a) After September 8, 1975, no person may operate an airplane with a
seating capacity of more than 19 passengers unless the airplane is
equipped with a crewmember interphone system that:
(1) (Reserved)
(2) Is capable of operation independent of the public address system
required by 121.318(a) except for handsets, headsets, microphones,
selector switches, and signaling devices; and
(3) Meets the requirements of paragraph (b) of this section.
(b) The crewmember interphone system required by paragraph (a) of
this section must be approved in accordance with 21.305 of this chapter
and meet the following requirements:
(1) After December 1, 1980, it must provide a means of two-way
communication between the pilot compartment and --
(i) Each passenger compartment; and
(ii) Each galley located on other than the main passenger deck level.
(2) It must be accessible for immediate use from each of two flight
crewmember stations in the pilot compartment;
(3) It must be accessible for use from at least one normal flight
attendant station in each passenger compartment;
(4) It must be capable of operation within 10 seconds by a flight
attendant at those stations in each passenger compartment from which its
use is accessible; and
(5) For large turbojet-powered airplanes:
(i) It must be accessible for use at enough flight attendant stations
so that all floor-level emergency exits (or entryways to those exits in
the case of exits located within galleys) in each passenger compartment
are observable from one or more of those stations so equipped;
(ii) It must have an alerting system incorporating aural or visual
signals for use by flight crewmembers to alert flight attendants and for
use by flight attendants to alert flight crewmembers;
(iii) The alerting system required by paragraph (b)(5)(ii) of this
section must have a means for the recipient of a call to determine
whether it is a normal call or an emergency call; and
(iv) When the airplane is on the ground, it must provide a means of
two-way communication between ground personnel and either of at least
two flight crewmembers in the pilot compartment. The interphone system
station for use by ground personnel must be so located that personnel
using the system may avoid visible detection from within the airplane.
(Doc. No. 10865, Amdt. 121-105, 38 FR 21494, Aug. 9, 1973, as amended
by Amdt. 121-121, 40 FR 42186, Sept. 11, 1975; Amdt. 121-149, 43 FR
50602, Oct. 30, 1978; Amdt. 121-178, 47 FR 13316, Mar. 29, 1982)
121.321 (Reserved)
14 CFR 121.323 Instruments and equipment for operations at night.
No person may operate an airplane at night unless it is equipped with
the following instruments and equipment in addition to those required by
121.305 through 121.321:
(a) Position lights.
(b) An anti-collision light, for large airplanes.
(c) Two landing lights.
(d) Instrument lights providing enough light to make each required
instrument, switch, or similar instrument, easily readable and installed
so that the direct rays are shielded from the flight crewmembers' eyes
and that no objectionable reflections are visible to them. There must
be a means of controlling the intensity of illumination unless it is
shown that nondimming instrument lights are satisfactory.
(e) An airspeed-indicating system with heated pitot tube or
equivalent means for preventing malfunctioning due to icing.
(f) A sensitive altimeter.
14 CFR 121.325 Instruments and equipment for operations under IFR or
over-the-top.
No person may operate an airplane under IFR or over-the-top
conditions unless it is equipped with the following instruments and
equipment, in addition to those required by 121.305 through 121.321:
(a) An airspeed indicating system with heated pitot tube or
equivalent means for preventing malfunctioning due to icing.
(b) A sensitive altimeter.
(c) Instrument lights providing enough light to make each required
instrument, switch, or similar instrument, easily readable and so
installed that the direct rays are shielded from the flight crewmembers'
eyes and that no objectionable reflections are visible to them, and a
means of controlling the intensity of illumination unless it is shown
that nondimming instrument lights are satisfactory.
14 CFR 121.327 Supplemental oxygen: Reciprocating engine powered
airplanes.
(a) General. Except where supplemental oxygen is provided in
accordance with 121.331, no person may operate an airplane unless
supplemental oxygen is furnished and used as set forth in paragraphs (b)
and (c) of this section. The amount of supplemental oxygen required for
a particular operation is determined on the basis of flight altitudes
and flight duration, consistent with the operation procedures
established for each operation and route.
(b) Crewmembers. (1) At cabin pressure altitudes above 10,000 feet
up to and including 12,000 feet, oxygen must be provided for, and used
by, each member of the flight crew on flight deck duty, and must be
provided for other crewmembers, for that part of the flight at those
altitudes that is of more than 30 minutes duration.
(2) At cabin pressure altitudes above 12,000 feet, oxygen must be
provided for, and used by, each member of the flight crew on flight deck
duty, and must be provided for other crewmembers, during the entire
flight time at those altitudes.
(3) When a flight crewmember is required to use oxygen, he must use
it continuously, except when necessary to remove the oxygen mask or
other dispenser in connection with his regular duties. Standby
crewmembers who are on call or are definitely going to have flight deck
duty before completing the flight must be provided with an amount of
supplemental oxygen equal to that provided for crewmembers on duty other
than on flight deck duty. If a standby crewmember is not on call and
will not be on flight deck duty during the remainder of the flight, he
is considered to be a passenger for the purposes of supplemental oxygen
requirements.
(c) Passengers. Each certificate holder shall provide a supply of
oxygen, approved for passenger safety, in accordance with the following:
(1) For flights of more than 30 minutes duration at cabin pressure
altitudes above 8,000 feet up to and including 14,000 feet, enough
oxygen for 30 minutes for 10 percent of the passengers.
(2) For flights at cabin pressure altitudes above 14,000 feet up to
and including 15,000 feet, enough oxygen for that part of the flight at
those altitudes for 30 percent of the passengers.
(3) For flights at cabin pressure altitudes above 15,000 feet, enough
oxygen for each passenger carried during the entire flight at those
altitudes.
(d) For the purposes of this subpart ''cabin pressure altitude''
means the pressure altitude corresponding with the pressure in the cabin
of the airplane, and ''flight altitude'' means the altitude above sea
level at which the airplane is operated. For airplanes without
pressurized cabins, ''cabin pressure altitude'' and ''flight altitude''
mean the same thing.
14 CFR 121.329 Supplemental oxygen for sustenance: Turbine engine
powered airplanes.
(a) General. When operating a turbine engine powered airplane, each
certificate holder shall equip the airplane with sustaining oxygen and
dispensing equipment for use as set forth in this section:
(1) The amount of oxygen provided must be at least the quantity
necessary to comply with paragraphs (b) and (c) of this section.
(2) The amount of sustaining and first-aid oxygen required for a
particular operation to comply with the rules in this part is determined
on the basis of cabin pressure altitudes and flight duration, consistent
with the operating procedures established for each operation and route.
(3) The requirements for airplanes with pressurized cabins are
determined on the basis of cabin pressure altitude and the assumption
that a cabin pressurization failure will occur at the altitude or point
of flight that is most critical from the standpoint of oxygen need, and
that after the failure the airplane will descend in accordance with the
emergency procedures specified in the Airplane Flight Manual, without
exceeding its operating limitations, to a flight altitude that will
allow successful termination of the flight.
(4) Following the failure, the cabin pressure altitude is considered
to be the same as the flight altitude unless it is shown that no
probable failure of the cabin or pressurization equipment will result in
a cabin pressure altitude equal to the flight altitude. Under those
circumstances, the maximum cabin pressure altitude attained may be used
as a basis for certification or determination of oxygen supply, or both.
(b) Crewmembers. Each certificate holder shall provide a supply of
oxygen for crewmembers in accordance with the following:
(1) At cabin pressure altitudes above 10,000 feet, up to and
including 12,000 feet, oxygen must be provided for and used by each
member of the flight crew on flight deck duty and must be provided for
other crewmembers for that part of the flight at those altitudes that is
of more than 30 minutes duration.
(2) At cabin pressure altitudes above 12,000 feet, oxygen must be
provided for, and used by, each member of the flight crew on flight deck
duty, and must be provided for other crewmembers during the entire
flight at those altitudes.
(3) When a flight crewmember is required to use oxygen, he must use
it continuously except when necessary to remove the oxygen mask or other
dispenser in connection with his regular duties. Standby crewmembers
who are on call or are definitely going to have flight deck duty before
completing the flight must be provided with an amount of supplemental
oxygen equal to that provided for crewmembers on duty other than on
flight duty. If a standby crewmember is not on call and will not be on
flight deck duty during the remainder of the flight, he is considered to
be a passenger for the purposes of supplemental oxygen requirements.
(c) Passengers. Each certificate holder shall provide a supply of
oxygen for passengers in accordance with the following:
(1) For flights at cabin pressure altitudes above 10,000 feet, up to
and including 14,000 feet, enough oxygen for that part of the flight at
those altitudes that is of more than 30 minutes duration, for 10 percent
of the passengers.
(2) For flights at cabin pressure altitudes above 14,000 feet, up to
and including 15,000 feet, enough oxygen for that part of the flight at
those altitudes for 30 percent of the passengers.
(3) For flights at cabin pressure altitudes above 15,000 feet, enough
oxygen for each passenger carried during the entire flight at those
altitudes.
14 CFR 121.331 Supplemental oxygen requirements for pressurized cabin
airplanes: Reciprocating engine powered airplanes.
(a) When operating a reciprocating engine powered airplane
pressurized cabin, each certificate holder shall equip the airplane to
comply with paragraphs (b) through (d) of this section in the event of
cabin pressurization failure.
(b) For crewmembers. When operating at flight altitudes above 10,000
feet, the certificate holder shall provide enough oxygen for each
crewmember for the entire flight at those altitudes and not less than a
two-hour supply for each flight crewmember on flight deck duty. The
required two hours supply is that quantity of oxygen necessary for a
constant rate of descent from the airplane's maximum certificated
operating altitude to 10,000 feet in ten minutes and followed by 110
minutes at 10,000 feet. The oxygen required by 121.337 may be
considered in determining the supplemental breathing supply required for
flight crewmembers on flight deck duty in the event of cabin
pressurization failure.
(c) For passengers. When operating at flight altitudes above 8,000
feet, the certificate holder shall provide oxygen as follows:
(1) When an airplane is not flown at a flight altitude above flight
level 250, enough oxygen for 30 minutes for 10 percent of the
passengers, if at any point along the route to be flown the airplane can
safely descend to a flight altitude of 14,000 feet or less within four
minutes.
(2) If the airplane cannot descend to a flight altitude of 14,000
feet or less within four minutes, the following supply of oxygen must be
provided:
(i) For that part of the flight that is more than four minutes
duration at flight altitudes above 15,000 feet, the supply required by
121.327(c)(3).
(ii) For that part of the flight at flight altitudes above 14,000
feet, up to and including 15,000 feet, the supply required by
121.327(c)(2).
(iii) For flight at flight altitudes above 8,000 feet up to and
including 14,000 feet, enough oxygen for 30 minutes for 10 percent of
the passengers.
(3) When an airplane is flown at a flight altitude above flight level
250, enough oxygen for 30 minutes for 10 percent of the passengers for
the entire flight (including emergency descent) above 8,000 feet, up to
and including 14,000 feet, and to comply with 121.327(c) (2) and (3)
for flight above 14,000 feet.
(d) For the purposes of this section it is assumed that the cabin
pressurization failure occurs at a time during flight that is critical
from the standpoint of oxygen need and that after the failure the
airplane will descend, without exceeding its normal operating
limitations, to flight altitudes allowing safe flight with respect to
terrain clearance.
(Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt.
121-132, 41 FR 55475, Dec. 20, 1976)
14 CFR 121.333 Supplemental oxygen for emergency descent and for first
aid; turbine engine powered airplanes with pressurized cabins.
(a) General. When operating a turbine engine powered airplane with a
pressurized cabin, the certificate holder shall furnish oxygen and
dispensing equipment to comply with paragraphs (b) through (e) of this
section in the event of cabin pressurization failure.
(b) Crewmembers. When operating at flight altitudes above 10,000
feet, the certificate holder shall supply enough oxygen to comply with
121.329, but not less than a two-hour supply for each flight crewmember
on flight deck duty. The required two hours supply is that quantity of
oxygen necessary for a constant rate of descent from the airplane's
maximum certificated operating altitude to 10,000 feet in ten minutes
and followed by 110 minutes at 10,000 feet. The oxygen required in the
event of cabin pressurization failure by 121.337 may be included in
determining the supply required for flight crewmembers on flight deck
duty.
(c) Use of oxygen masks by flight crewmembers. (1) When operating at
flight altitudes above flight level 250, each flight crewmember on
flight deck duty must be provided with an oxygen mask so designed that
it can be rapidly placed on his face from its ready position, properly
secured, sealed, and supplying oxygen upon demand; and so designed that
after being placed on the face it does not prevent immediate
communication between the flight crewmember and other crewmembers over
the airplane intercommunication system. When it is not being used at
flight altitudes above flight level 250, the oxygen mask must be kept in
condition for ready use and located so as to be within the immediate
reach of the flight crewmember while at his duty station.
(2) When operating at flight altitudes above flight level 250, one
pilot at the controls of the airplane shall at all times wear and use an
oxygen mask secured, sealed, and supplying oxygen, except that the one
pilot need not wear and use an oxygen mask while at or below flight
level 410 if each flight crewmember on flight deck duty has a
quick-donning type of oxygen mask that the certificate holder has shown
can be placed on the face from its ready position, properly secured,
sealed, and supplying oxygen upon demand, with one hand and within five
seconds. The certificate holder shall also show that the mask can be
put on without disturbing eye glasses and without delaying the flight
crewmember from proceeding with his assigned emergency duties. The
oxygen mask after being put on must not prevent immediate communication
between the flight crewmember and other crewmembers over the airplane
intercommunication system.
(3) Notwithstanding paragraph (c)(2) of this section, if for any
reason at any time it is necessary for one pilot to leave his station at
the controls of the airplane when operating at flight altitudes above
flight level 250, the remaining pilot at the controls shall put on and
use his oxygen mask until the other pilot has returned to his duty
station.
(4) Before the takeoff of a flight, each flight crewmember shall
personally preflight his oxygen equipment to insure that the oxygen mask
is functioning, fitted properly, and connected to appropriate supply
terminals, and that the oxygen supply and pressure are adequate for use.
(d) Use of portable oxygen equipment by cabin attendants. Each
attendant shall, during flight above flight level 250 flight altitude,
carry portable oxygen equipment with at least a 15-minute supply of
oxygen unless it is shown that enough portable oxygen units with masks
or spare outlets and masks are distributed throughout the cabin to
insure immediate availability of oxygen to each cabin attendant,
regardless of his location at the time of cabin depressurization.
(e) Passenger cabin occupants. When the airplane is operating at
flight altitudes above 10,000 feet, the following supply of oxygen must
be provided for the use of passenger cabin occupants:
(1) When an airplane certificated to operate at flight altitudes up
to and including flight level 250, can at any point along the route to
be flown, descend safely to a flight altitude of 14,000 feet or less
within four minutes, oxygen must be available at the rate prescribed by
this part for a 30-minute period for at least 10 percent of the
passenger cabin occupants.
(2) When an airplane is operated at flight altitudes up to and
including flight level 250 and cannot descend safely to a flight
altitude of 14,000 feet within four minutes, or when an airplane is
operated at flight altitudes above flight level 250, oxygen must be
available at the rate prescribed by this part for not less than 10
percent of the passenger cabin occupants for the entire flight after
cabin depressurization, at cabin pressure altitudes above 10,000 feet up
to and including 14,000 feet and, as applicable, to allow compliance
with 121.329(c) (2) and (3), except that there must be not less than a
10-minute supply for the passenger cabin occupants.
(3) For first-aid treatment of occupants who for physiological
reasons might require undiluted oxygen following descent from cabin
pressure altitudes above flight level 250, a supply of oxygen in
accordance with the requirements of 25.1443(d) must be provided for two
percent of the occupants for the entire flight after cabin
depressurization at cabin pressure altitudes above 8,000 feet, but in no
case to less than one person. An appropriate number of acceptable
dispensing units, but in no case less than two, must be provided, with a
means for the cabin attendants to use this supply.
(f) Passenger briefing. Before flight is conducted above flight
level 250, a crewmember shall instruct the passengers on the necessity
of using oxygen in the event of cabin depressurization and shall point
out to them the location and demonstrate the use of the
oxygen-dispensing equipment.
(Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt.
121-11, 30 FR 12466, Sept. 30, 1965; Amdt. 121-132, 41 FR 55475, Dec.
20, 1976)
14 CFR 121.335 Equipment standards.
(a) Reciprocating engine powered airplanes. The oxygen apparatus,
the minimum rates of oxygen flow, and the supply of oxygen necessary to
comply with 121.327 must meet the standards established in section
4b.651 of the Civil Air Regulations as in effect on July 20, 1950,
except that if the certificate holder shows full compliance with those
standards to be impracticable, the Administrator may authorize any
change in those standards that he finds will provide an equivalent level
of safety.
(b) Turbine engine powered airplanes. The oxygen apparatus, the
minimum rate of oxygen flow, and the supply of oxygen necessary to
comply with 121.329 and 121.333 must meet the standards established in
section 4b.651 of the Civil Air Regulations as in effect on September 1,
1958, except that if the certificate holder shows full compliance with
those standards to be impracticable, the Administrator may authorize any
changes in those standards that he finds will provide an equivalent
level of safety.
14 CFR 121.337 Protective breathing equipment.
(a) The certificate holder shall furnish approved protective
breathing equipment (PBE) meeting the equipment, breathing gas, and
communication requirements contained in paragraph (b) of this section.
(b) Pressurized and nonpressurized cabin airplanes. Except as
provided in paragraph (f) of this section, no person may operate a
transport category airplane unless protective breathing equipment
meeting the requirements of this section is provided as follows:
(1) General. The equipment must protect the flightcrew from the
effects of smoke, carbon dioxide or other harmful gases or an oxygen
deficient environment caused by other than an airplane depressurization
while on flight deck duty and must protect crewmembers from the above
effects while combatting fires on board the airplane.
(2) The equipment must be inspected regularly in accordance with
inspection guidelines and the inspection periods established by the
equipment manufacturer to ensure its condition for continued
serviceability and immediate readiness to perform its intended emergency
purposes. The inspection periods may be changed upon a showing by the
certificate holder that the changes would provide an equivalent level of
safety.
(3) That part of the equipment protecting the eyes must not impair
the wearer's vision to the extent that a crewmember's duties cannot be
accomplished and must allow corrective glasses to be worn without
impairment of vision or loss of the protection required by paragraph
(b)(1) of this section.
(4) The equipment, while in use, must allow the flightcrew to
communicate using the airplane radio equipment and to communicate by
interphone with each other while at their assigned duty stations. The
equipment, while in use, must also allow crewmember interphone
communications between each of two flight crewmember stations in the
pilot compartment and at least one normal flight attendant station in
each passenger compartment.
(5) The equipment, while in use, must allow any crewmember to use the
airplane interphone system at any of the flight attendant stations
referred to in paragraph (b)(4) of this section.
(6) The equipment may also be used to meet the supplemental oxygen
requirements of this part provided it meets the oxygen equipment
standards of 121.335 of this part.
(7) Protective breathing gas duration and supply system equipment
requirements are as follows:
(i) The equipment must supply breathing gas for 15 minutes at a
pressure altitude of 8,000 feet for the following:
(A) Flight crewmembers while performing flight deck duties; and
(B) Crewmembers while combatting an in-flight fire.
(ii) The breathing gas system must be free from hazards in itself, in
its method of operation, and in its effect upon other components.
(iii) For breathing gas systems other than chemical oxygen
generators, there must be a means to allow the crew to readily
determine, during flight, the quantity of breathing gas available in
each source of supply.
(iv) For each chemical oxygen generator, the supply system equipment
must meet the requirements of 25.1450 (b) and (c) of this chapter.
(8) Protective breathing equipment with a fixed or portable breathing
gas supply meeting the requirements of this section must be conveniently
located on the flight deck and be easily accessible for immediate use by
each required flight crewmember at his or her assigned duty station.
(9) Protective breathing equipment with a portable breathing gas
supply meeting the requirements of this section must be easily
accessible and conveniently located for immediate use by crewmembers in
combatting fires as follows:
(i) One for use in each Class A, B, and E cargo compartment (as
defined in 25.857 of this chapter) that is accessible to crewmembers in
the compartment during flight.
(ii) One for each hand fire extinguisher located in each upper and
lower lobe galley, where the galley encompasses the entire upper or
lower lobe compartment space.
(iii) One on the flight deck, except that the Administrator may
authorize another location for this PBE if special circumstances exist
that make compliance impractical and the proposed deviation would
provide an equivalent level of safety.
(iv) In each passenger compartment, one located within 3 feet of each
hand fire extinguisher required by 121.309 of this part, except that
the Administrator may authorize a deviation allowing locations of PBE
more than 3 feet from required hand fire extinguisher locations if
special circumstances exist that make compliance impractical and the
proposed deviation provides an equivalent level of safety.
(c) Equipment preflight. (1) Before each flight, each item of PBE at
flight crewmember duty stations must be checked by the flight crewmember
who will use the equipment to ensure that the equipment --
(i) For other than chemical oxygen generator systems, is functioning,
is serviceable, fits properly (unless a universal-fit type), and is
connected to supply terminals and that the breathing gas supply and
pressure are adequate for use; and
(ii) For chemical oxygen generator systems, is serviceable and fits
properly (unless a universal-fit type).
(2) Each item of PBE located at other than a flight crewmember duty
station must be checked by a designated crewmember to ensure that each
is properly stowed and serviceable, and, for other than chemical oxygen
generator systems, the breathing gas supply is fully charged. Each
certificate holder, in its operations manual, must designate at least
one crewmember to perform those checks before he or she takes off in
that airplane for his or her first flight of the day.
(d) Compliance dates. (1) Notwithstanding the provisions of
paragraphs (a) and (b) of this section, the final compliance date for
furnishing PBE for use in combatting in-flight fires aboard pressurized
and nonpressurized airplanes is January 31, 1990, except that for
all-cargo airplanes subject to the requirements of paragraph (b)(9)(i)
of this section the compliance date is February 18, 1992.
(2) Notwithstanding the provisions of paragraphs (a) and (b) of this
section, the compliance date for furnishing PBE for use by flight
crewmembers while on flight deck duty on pressurized and nonpressurized
airplanes is January 31, 1991, except that for nonpressurized cabin
airplanes that must be retrofitted with a fixed breathing gas supply for
PBE, the compliance date is February 18, 1992.
(Doc. No. 24792, Amdt. 121-193, 52 FR 20957, June 3, 1987, as amended
by Amdt. 121-204, 54 FR 22271, May 22, 1989; Amdt. 121-212, 55 FR 5551,
Feb. 15, 1990; Amdt. 121-218, 55 FR 31565, Aug. 2, 1990)
14 CFR 121.339 Emergency equipment for extended over-water operations.
(a) Except where the Administrator, by amending the operations
specifications of the certificate holder, requires the carriage of all
or any specific items of the equipment listed below for any overwater
operation, or upon application of the certificate holder, the
Administrator allows deviation for a particular extended overwater
operation, no person may operate an airplane in extended overwater
operations without having on the airplane the following equipment:
(1) A life preserver equipped with an approved survivor locator
light, for each occupant of the airplane.
(2) Enough life rafts (each equipped with an approved survivor
locator light) of a rated capacity and buoyancy to accommodate the
occupants of the airplane. Unless excess rafts of enough capacity are
provided, the buoyancy and seating capacity of the rafts must
accommodate all occupants of the airplane in the event of a loss of one
raft of the largest rated capacity.
(3) At least one pyrotechnic signaling device for each life raft.
(4) A survival type emergency locator transmitter that after October
21, 1972, meets the applicable requirements of TSO-C91 except that,
until December 30, 1975, the transmitter is not required to meet those
requirements if its installation was approved before October 21, 1971,
it was manufactured under a TSO Authorization issued against TSO-C61a
and it transmits simultaneously on 121.5 and 243.0 MHz. Batteries used
in this transmitter must be replaced (or recharged, if the battery is
rechargeable) when the transmitter has been in use for more than 1
cumulative hour, and also when 50 percent of their useful life (or for
rechargeable batteries, 50 percent of their useful life of charge), as
established by the transmitter manufacturer under TSO-C91, paragraph
(g)(2) has expired. The new expiration date for the replacement (or
recharged) battery must be legibly marked on the outside of the
transmitter. The battery useful life (or useful life of charge)
requirements of this paragraph do not apply to batteries (such as
water-activated batteries) that are essentially unaffected during
probable storage intervals.
(b) The required life rafts, life preservers, and survival type
emergency locator transmitter must be easily accessible in the event of
a ditching without appreciable time for preparatory procedures. This
equipment must be installed in conspicuously marked, approved locations.
(c) A survival kit, appropriately equipped for the route to be flown,
must be attached to each required life raft.
(Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt.
121-53, 34 FR 15244, Sept. 30, 1969; Amdt. 121-79, 36 FR 18724, Sept.
21, 1971; Amdt. 121-93, 37 FR 14294, June 19, 1972 Amdt. 121-106, 38 FR
22378, Aug. 20, 1973; Amdt. 121-149, 43 FR 50603, Oct. 30, 1978; Amdt.
121-158, 45 FR 38348, June 9, 1980)
14 CFR 121.340 Emergency flotation means.
(a) Except as provided in paragraph (b) of this section, after
September 1, 1967, no person may operate a large airplane in any
overwater operation unless it is equipped with life preservers in
accordance with 121.339(a)(1), or with an approved flotation means for
each occupant. This means must be within easy reach of each seated
occupant and must be readily removable from the airplane.
(b) Upon application by the air carrier or commercial operator, the
Administrator may approve the operation of an airplane over water
without the life preservers or flotation means required by paragraph (a)
of this section, if the air carrier or commercial operator shows that
the water over which the airplane is to be operated is not of such size
and depth that life preservers or flotation means would be required for
the survival of its occupants in the event the flight terminates in that
water.
(Doc. No. 6713, Amdt. 121-17, 31 FR 1147, Jan. 28, 1966, as amended
by Amdt. 121-25, 32 FR 3223, Feb. 24, 1967)
14 CFR 121.341 Equipment for operations in icing conditions.
(a) Unless an airplane is certificated under the transport category
airworthiness requirements relating to ice protection, no person may
operate an airplane in icing conditions unless it is equipped with means
for the prevention or removal of ice on windshields, wings, empennage,
propellers, and other parts of the airplane where ice formation will
adversely affect the safety of the airplane.
(b) No person may operate an airplane in icing conditions at night
unless means are provided for illuminating or otherwise determining the
formation of ice on the parts of the wings that are critical from the
standpoint of ice accumulation. Any illuminating that is used must be
of a type that will not cause glare or reflection that would handicap
crewmembers in the performance of their duties.
14 CFR 121.342 Pitot heat indication systems.
(a) Except as provided in paragraph (b) of this section, after April
12, 1981, no person may operate a transport category airplane equipped
with a flight instrument pitot heating system unless the airplane is
also equipped with an operable pitot heat indication system that
complies with 25.1326 of this chapter in effect on April 12, 1978.
(b) A certificate holder may obtain an extension of the April 12,
1981, compliance date specified in paragraph (a) of this section, but
not beyond April 12, 1983, from the Director, Flight Standards Service
if the certificate holder --
(1) Shows that due to circumstances beyond its control it cannot
comply by the specified compliance date; and
(2) Submits by the specified compliance date a schedule for
compliance, acceptable to the Director, indicating that compliance will
be achieved at the earliest practicable date.
(Amdt. 121-175, 46 FR 43805, Aug. 31, 1981, as amended by Amdt.
121-207, 54 FR 39293, Sept. 25, 1989)
14 CFR 121.343 Flight recorders.
(a) Except as provided in paragraphs (b), (c), (d), (e), and (f) of
this section, no person may operate a large airplane that is
certificated for operations above 25,000 feet altitude or is
turbine-engine powered unless it is equipped with one or more approved
flight recorders that record data from which the following may be
determined within the ranges, accuracies, and recording intervals
specified in appendix B of this part:
(1) Time;
(2) Altitude;
(3) Airspeed;
(4) Vertical acceleration;
(5) Heading; and
(6) Time of each radio transmission either to or from air traffic
control.
(b) No person may operate a large airplane type certificated up to
and including September 30, 1969, for operations above 25,000 feet
altitude, or a turbine-engine powered airplane certificated before the
same date, unless it is equipped before May 26, 1989 with one or more
approved flight recorders that utilize a digital method of recording and
storing data and a method of readily retrieving that data from the
storage medium. The following information must be able to be determined
within the ranges, accuracies, and recording intervals specified in
appendix B of this part:
(1) Time;
(2) Altitude;
(3) Airspeed;
(4) Vertical acceleration;
(5) Heading; and
(6) Time of each radio transmission either to or from air traffic
control.
(c) No person may operate an airplane specified in paragraph (b) of
this section unless it is equipped, before May 26, 1994 with one or more
approved flight recorders that utilize a digital method of recording and
storing data and a method of readily retrieving that data from the
storage medium. The following imformation must be able to be determined
within the ranges, accuracies and recording intervals specified in
appendix B of this part:
(1) Time;
(2) Altitude;
(3) Airspeed;
(4) Vertical acceleration;
(5) Heading;
(6) Time of each radio transmission either to or from air traffic
control;
(7) Pitch attitude;
(8) Roll attitude;
(9) Longitudinal acceleration;
(10) Control column or pitch control surface position; and
(11) Thrust of each engine.
(d) No person may operate an airplane specified in paragraph (b) of
this section that is manufactured after May 26, 1989, as well as
airplanes specified in paragraph (a) of this section that have been type
certificated after September 30, 1969, unless it is equipped with one or
more approved flight recorders that utlitize a digital method of
recording and storing data and a method of readily retrieving that data
from the storage medium. The following information must be able to be
determined within the ranges, accuracies, and recording intervals
specified in appendix B of this part:
(1) Time;
(2) Altitude;
(3) Airspeed;
(4) Vertical acceleration;
(5) Heading;
(6) Time of each radio transmission either to or from air traffic
control;
(7) Pitch attitude;
(8) Roll attitude;
(9) Longitudinal acceleration;
(10) Pitch trim position;
(11) Control column or pitch control surface position;
(12) Control wheel or lateral control surface position;
(13) Rudder pedal or yaw control surface position;
(14) Thrust of each engine;
(15) Position of each thrust reverser;
(16) Trailing edge flap or cockpit flap control position; and
(17) Leading edge flap or cockpit flap control position.
For the purpose of this section, ''manufactured'' means the point in
time at which the airplane inspection acceptance records reflect that
the airplane is complete and meets the FAA-approved type design data.
(e) After October 11, 1991, no person may operate a large airplane
equipped with a digital data bus and ARINC 717 digital flight data
acquisition unit (DFDAU) or equivalent unless it is equipped with one or
more approved flight recorders that utilize a digital method of
recording and storing data and a method of readily retrieving that data
from the storage medium. Any parameters specified in appendix B of this
part that are available on the digital data bus must be recorded within
the ranges, accuracies, resolutions, and sampling intervals specified.
(f) After October 11, 1991, no person may operate an airplane
specified in paragraph (b) of this section that is manufactured after
October 11, 1991, nor an airplane specified in paragraph (a) of this
section that has been type certificated after September 30, 1969, and
manufactured after October 11, 1991, unless it is equipped with one or
more flight recorders that utilize a digital method of recording and
storing data and a method of readily retrieving that data from the
storage medium. The parameters specified in appendix B of this part
must be recorded within the ranges, accuracies, resolutions, and
sampling intervals specified.
(g) Whenever a flight recorder required by this section is installed,
it must be operated continuously from the instant the airplane begins
the takeoff roll until it has completed the landing roll at an airport.
(h) Except as provided in paragraph (i) of this section, and except
for recorded data erased as authorized in this paragraph, each
certificate holder shall keep the recorded data prescribed in paragraph
(a), (b), (c), or (d) of this section, as appropriate, until the
airplane has been operated for at least 25 hours of the operating time
specified in 121.359(a). A total of 1 hour of recorded data may be
erased for the purpose of testing the flight recorder or the flight
recorder system. Any erasure made in accordance with this paragraph
must be of the oldest recorded data accumulated at the time of testing.
Except as provided in paragraph (i) of this section, no record need be
kept more than 60 days.
(i) In the event of an accident or occurrence that requires immediate
notification of the National Transportation Safety Board under part 830
of its regulations and that results in termination of the flight, the
certificate holder shall remove the recording media from the airplane
and keep the recorded data required by paragraph (a), (b), (c), or (d)
of this section, as appropriate, for at least 60 days or for a longer
period upon the request of the Board or the Administrator.
(j) Each flight recorder required by this section must be installed
in accordance with the requirements of 25.1459 of this chapter in
effect on August 31, 1977. The correlation required by 25.1459(c) of
this chapter need be established only on one airplane of any group of
airplanes --
(1) That are of the same type;
(2) On which the model flight recorder and its installation are the
same; and
(3) On which there is no difference in the type design with respect
to the installation of those first pilot's instruments associated with
the flight recorder. The most recent instrument calibration, including
the recording medium from which this calibration is derived, and the
recorder correlation must be retained by the certificate holder.
(k) Each flight recorder required by this section that records the
data specified in paragraph (a), (b), (c), or (d) of this section, as
appropriate, must have an approved device to assist in locating that
recorder under water.
(Doc. No. 24418, Amdt. 121-191, 52 FR 9636, Mar. 25, 1987, as amended
by Amdt. 121-197, 53 FR 26147, July 11, 1988)
14 CFR 121.345 Radio equipment.
(a) No person may operate an airplane unless it is equipped with
radio equipment required for the kind of operation being conducted.
(b) Where two independent (separate and complete) radio systems are
required by 121.347 and 121.349, each system must have an independent
antenna installation except that, where rigidly supported nonwire
antennas or other antenna installations of equivalent reliability are
used, only one antenna is required.
(c) ATC transponder equipment installed within the time periods
indicated below must meet the performance and environmental requirements
of the following TSO's:
(1) Through January 1, 1992: (i) Any class of TSO-C74b or any class
of TSO-C74c as appropriate, provided that the equipment was manufactured
before January 1, 1990; or
(ii) The appropriate class of TSO-C112 (Mode S).
(2) After January 1, 1992: The appropriate class of TSO-C112 (Mode
S). For purposes of paragraph (c) (2) of this section, ''installation''
does not include --
(i) Temporary installation of TSO-C74b or TSO-C74c substitute
equipment, as appropriate, during maintenance of the permanent
equipment;
(ii) Reinstallation of equipment after temporary removal for
maintenance; or
(iii) For fleet operations, installation of equipment in a fleet
aircraft after removal of the equipment for maintenance from another
aircraft in the same operator's fleet.
(Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt.
121-101, 37 FR 28499, Dec. 27, 1972; Amdt. 121-190, 52 FR 3391, Feb.
3, 1987)
14 CFR 121.347 Radio equipment for operations under VFR over routes
navigated by pilotage.
(a) No person may operate an airplane under VFR over routes that can
be navigated by pilotage, unless it is equipped with the radio equipment
necessary under normal operating conditions to fulfill the following:
(1) Communicate with at least one appropriate ground station from any
point on the route.
(2) Communicate with appropriate traffic control facilities from any
point in the control zone within which flights are intended.
(3) Receive meteorological information from any point en route by
either of two independent systems. One of the means provided to comply
with this subparagraph may be used to comply with paragraphs (a)(1) and
(2) of this section.
(b) No person may operate an airplane at night under VFR over routes
than can be navigated by pilotage unless that airplane is equipped with
the radio equipment necessary under normal operating conditions to
fulfill the functions specified in paragraph (a) of this section and to
receive radio navigational signals applicable to the route flown, except
that a marker beacon receiver or ILS receiver is not required.
(Doc. No. 6258, 29 FR 19205, Dec. 17, 1964, as amended by Amdt.
121-226, 56 FR 65663, Dec. 17, 1991
Effective Date Note: By Amdt. 121-226, 56 FR 65663, Dec. 17, 1991,
121.347 was amended by revising paragraph (a)(2), effective September
16, 1993. For the convenience of the user, the revised text follows.
121.347 Radio equipment for operations under VFR over routes
navigated by pilotage.
(a) * * *
(2) Communicate with appropriate traffic control facilities from any
point within the lateral boundaries of the surface areas of Class B,
Class C, Class D, or Class E airspace designated for an airport in which
flights are intended.
14 CFR 121.349 Radio equipment for operations under VFR over routes not
navigated by pilotage or for operations under IFR or over-the-top.
(a) No person may operate an airplane under VFR over routes that
cannot be navigated by pilotage or for operations conducted under IFR or
over-the-top, unless the airplane is equipped with that radio equipment
necessary under normal operating conditions to fulfill the functions
specified in 121.347(a) and to receive satisfactorily by either of two
independent systems radio navigational signals from all primary en route
and approach navigational facilities intended to be used. However, only
one marker beacon receiver providing visual and aural signals and one
ILS receiver need be provided. Equipment provided to receive signals en
route may be used to receive signals on approach, if it is capable of
receiving both signals.
(b) In the case of operation over routes on which navigation is based
on low frequency radio range or automatic direction finding, only one
low frequency radio range or ADF receiver need be installed if the
airplane is equipped with two VOR receivers, and VOR navigational aids
are so located and the airplane is so fueled that, in the case of
failure of the low frequency radio range receiver or ADF receiver, the
flight may proceed safely to a suitable airport, by means of VOR aids,
and complete an instrument approach by use of the remaining airplane
radio system.
(c) Whenever VOR navigational receivers are required by paragraph (a)
or (b) of this section, at least one approved distance measuring
equipment unit (DME) capable of receiving and indicating distance
information from VORTAC facilities must be installed on each airplane
when operated in the 50 states and the District of Columbia.
(d) If the distance measuring equipment (DME) becomes inoperative en
route, the pilot shall notify ATC of that failure as soon as it occurs.
(Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt.
121-19, 31 FR 6265, Apr. 23, 1966; Amdt. 121-130, 41 FR 47229, Oct.
28, 1976)
14 CFR 121.351 Radio equipment for extended overwater operations and
for certain other operations.
(a) No person may conduct an extended overwater operation unless the
airplane is equipped with the radio equipment necessary to comply with
121.349 and an independent system that complies with 121.347(a)(1).
(b) No flag or supplemental air carrier or commercial operator may
conduct an operation without the equipment specified in paragraph (a) of
this section, if the Administrator finds that equipment to be necessary
for search and rescue operations because of the nature of the terrain to
be flown over.
14 CFR 121.353 Emergency equipment for operations over uninhabited
terrain areas: flag and supplemental air carriers and commercial
operators.
Unless it has the following equipment, no flag or supplemental air
carrier or commercial operator may conduct an operation over an
uninhabited area or any other area that (in its operations
specifications) the Administrator specifies requires equipment for
search and rescue in case of an emergency:
(a) Suitable pyrotechnic signaling devices.
(b) A survival type emergency locator transmitter that after October
21, 1972, meets the applicable requirements of TSO-C91 except that,
until December 30, 1975, the transmitter is not required to meet those
requirements if its installation was approved before October 21, 1971,
it was manufactured under a TSO Authorization issued against TSO-C61a
and it transmits simultaneously on 121.5 and 243.0 MHz. Batteries used
in this transmitter must be replaced (or recharged, if the battery is
rechargeable) when the transmitter has been in use for more than 1
cumulative hour, and also when 50 percent of their useful life (or for
rechargeable batteries, 50 percent of their useful life of charge), as
established by the transmitter manufacturer under TSO-C91, paragraph
(g)(2) has expired. The new expiration date for the replacement (or
recharged) battery must be legibly marked on the outside of the
transmitter. The battery useful life (or useful life of charge)
requirements of this paragraph do not apply to batteries (such as
water-activated batteries) that are essentially unaffected during
probable storage intervals.
(c) Enough survival kits, appropriately equipped for the route to be
flown for the number of occupants of the airplane.
(Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt.
121-79, 36 FR 18724, Sept. 21, 1971; Amdt. 121-106, 38 FR 22378 Aug.
20, 1973; Amdt. 121-158, 45 FR 38348, June 9, 1980)
14 CFR 121.355 Equipment for operations on which specialized means of
navigation are used.
(a) No certificate holder may conduct an operation --
(1) Using Doppler Radar or an Inertial Navigation System outside the
48 contiguous States and the District of Columbia, unless such systems
have been approved in accordance with Appendix G to this part; or
(2) Using Doppler Radar or an Inertial Navigation System within the
48 contiguous States and the District of Columbia, or any other
specialized means of navigation, unless it shows that an adequate
airborne system is provided for the specialized navigation authorized
for the particular operation.
(b) Notwithstanding paragraph (a) of this section, Doppler Radar and
Inertial Navigation Systems, and the training programs, maintenance
programs, relevant operations manual material, and minimum equipment
lists prepared in accordance therewith, approved before April 29, 1972,
are not required to be approved in accordance with that paragraph.
(Amdt. 121-89, 37 FR 6464, Mar. 30, 1972)
14 CFR 121.356 Traffic Alert and Collision Avoidance System.
(a) Unless otherwise authorized by the Administrator, each
certificate holder operating a large airplane that has a passenger
seating configuration, excluding any pilot seat, of more than 30 seats,
shall equip its airplanes with an approved TCAS II traffic alert and
collision avoidance system and the appropriate class of Mode S
transponder according to the following schedule:
(b) After February 9, 1995, no person may operate a combination
cargo/passenger airplane that has a passenger seat configuration,
excluding any pilot seat, of 10 to 30 seats unless it is equipped with
an approved traffic alert and collision avoidance system.
(c) The appropriate manuals required by 121.131 of this part shall
contain the following information on the TCAS II System required by this
section:
(1) Appropriate procedures for --
(i) The operation of the equipment; and
(ii) Proper flightcrew action with respect to the equipment.
(2) An outline of all input sources that must be operative for the
TCAS to function properly.
(Doc. No. 25355, 54 FR 951, Jan. 10, 1989, as amended by Amdt.
121-217, 55 FR 13247, Apr. 9, 1990)
14 CFR 121.357 Airborne weather radar equipment requirements.
(a) No person may operate any airplane certificated under the
transport category rules (except C-46 type airplanes), unless approved
airborne weather radar equipment has been installed in the airplane.
(b) (Reserved)
(c) Each person operating a transport category airplane required to
have approved airborne weather radar equipment installed shall, when
using it under this part, operate it in accordance with the following:
(1) Dispatch. No person may dispatch an airplane (or begin the
flight of an airplane in the case of an air carrier or commercial
operator that does not use a dispatch system) under IFR or night VFR
conditions when current weather reports indicate that thunderstorms, or
other potentially hazardous weather conditions that can be detected with
airborne weather radar, may reasonably be expected along the route to be
flown, unless the airborne weather radar equipment is in satisfactory
operating condition.
(2) If the airborne weather radar becomes inoperative en route, the
airplane must be operated in accordance with the approved instructions
and procedures specified in the operations manual for such an event.
(d) This section does not apply to airplanes used solely within the
State of Hawaii or within the State of Alaska and that part of Canada
west of longitude 130 degrees W, between latitude 70 degrees N, and
latitude 53 degrees N, or during any training, test, or ferry flight.
(e) Notwithstanding any other provision of this chapter, an alternate
electrical power supply is not required for airborne weather radar
equipment.
(Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt.
121-18, 31 FR 5825, Apr. 15, 1966; Amdt. 121-130, 41 FR 47229, Oct.
28, 1976)
14 CFR 121.358 Low-altitude windshear system equipment requirements.
(a) Airplanes manufactured after January 2, 1991. No person may
operate a turbine-powered airplane manufactured after January 2, 1991,
unless it is equipped with either an approved airborne windshear warning
and flight guidance system, an approved airborne detection and avoidance
system, or an approved combination of these systems.
(b) Airplanes manufactured before January 3, 1991. Except as
provided in paragraph (c) of this section, after January 2, 1991, no
person may operate a turbine-powered airplane manufactured before
January 3, 1991 unless it meets one of the following requirements as
applicable.
(1) The makes/models/series listed below must be equipped with either
an approved airborne windshear warning and flight guidance system, an
approved airborne detection and avoidance system, or an approved
combination of these systems:
(i) A-300-600;
(ii) A-310 -- all series;
(iii) A-320 -- all series;
(iv) B-737-300, 400, and 500 series;
(v) B-747-400;
(vi) B-757 -- all series;
(vii) B-767 -- all series;
(viii) F-100 -- all series;
(ix) MD-11 -- all series; and
(x) MD-80 series equipped with an EFIS and Honeywell-970 digital
flight guidance computer.
(2) All other turbine-powered airplanes not listed above must be
equipped with as a minimum requirement, an approved airborne windshear
warning system. These airplanes may be equipped with an approved
airborne windshear detection and avoidance system, or an approved
combination of these systems.
(c) Extension of the compliance date. A certificate holder may
obtain an extension of the compliance date in paragraph (b) of this
section if it obtains FAA approval of a retrofit schedule. To obtain
approval of a retrofit schedule and show continued compliance with that
schedule, a certificate holder must do the following:
(1) Submit a request for approval of a retrofit schedule by June 1,
1990, to the Flight Standards Division Manager in the region of the
certificate holding district office.
(2) Show that all of the certificate holder's airplanes required to
be equipped in accordance with this section will be equipped by the
final compliance date established for TCAS II retrofit.
(3) Comply with its retrofit schedule and submit status reports
containing information acceptable to the Administrator. The initial
report must be submitted by January 2, 1991, and subsequent reports must
be submitted every six months thereafter until completion of the
schedule. The reports must be submitted to the certificate holder's
assigned Principal Avionics Inspector.
(d) Definitions. For the purposes of this section the following
definitions apply --
(1) Turbine-powered airplane includes, e.g., turbofan-, turbojet-,
propfan-, and ultra-high bypass fan-powered airplanes. The definition
specifically excludes turbopropeller-powered airplanes.
(2) An airplane is considered manufactured on the date the inspection
acceptance records reflect that the airplane is complete and meets the
FAA Approved Type Design data.
(Amdt. 121-216, 55 FR 13242, Apr. 9, 1990)
14 CFR 121.359 Cockpit voice recorders.
(a) No certificate holder may operate a large turbine engine powered
airplane or a large pressurized airplane with four reciprocating engines
unless an approved cockpit voice recorder is installed in that airplane
and is operated continuously from the start of the use of the checklist
(before starting engines for the purpose of flight), to completion of
the final checklist at the termination of the flight.
(b) Each certificate holder shall establish a schedule for
completion, before the prescribed dates, of the cockpit voice recorder
installations required by paragraph (a) of this section. In addition
the certificate holder shall identify any airplane specified in
paragraph (a) of this section he intends to discontinue using before the
prescribed dates.
(c) The cockpit voice recorder required by this section must meet the
following application standards:
(1) The requirements of part 25 of this chapter in affect on August
31, 1977.
(2) After September 1, 1980, each recorder container must --
(i) Be either bright orange or bright yellow;
(ii) Have reflective tape affixed to the external surface to
facilitate its location under water; and
(iii) Have an approved underwater locating device on or adjacent to
the container which is secured in such a manner that they are not likely
to be separated during crash impact, unless the cockpit voice recorder,
and the flight recorder required by 121.343, are installed adjacent to
each other in such a manner that they are not likely to be separated
during crash impact.
(d) In complying with this section, an approved cockpit voice
recorder having an erasure feature may be used, so that at any time
during the operation of the recorder, information recorded more than 30
minutes earlier may be erased or otherwise obliterated.
(e) For those aircraft equipped to record the uninterrupted audio
signals received by a boom or a mask microphone, the flight crewmembers
are required to use the boom microphone below 18,000 feet mean sea
level. No person may operate a large turbine engine powered airplane or
a large pressurized airplane with four reciprocating engines
manufactured after October 11, 1991, or on which a cockpit voice
recorder has been installed after October 11, 1991, unless it is
equipped to record the uninterrupted audio signal received by a boom or
mask microphone in accordance with 25.1457(c)(5) of this chapter.
(f) In the event of an accident or occurrence requiring immediate
notification of the National Transportation Safety Board under part 830
of its regulations, which results in the termination of the flight, the
certificate holder shall keep the recorded information for at least 60
days or, if requested by the Administrator or the Board, for a longer
period. Information obtained from the record is used to assist in
determining the cause of accidents or occurrences in connection with
investigations under part 830. The Administrator does not use the
record in any civil penalty or certificate action.
(Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt.
121-20, 31 FR 8912, June 28, 1966; Amdt. 121-23, 31 FR 15192, Dec. 3,
1966; Amdt. 121-32, 32 FR 13914, Oct. 6, 1967; Amdt. 121-130, 41 FR
47229, Oct. 28, 1976; Amdt. 121-135, 42 FR 36973, July 18, 1977; Amdt.
121-143, 43 FR 22642, May 25, 1978; Amdt. 121-197, 53 FR 26147, July
11, 1988)
14 CFR 121.360 Ground proximity warning-glide slope deviation alerting
system.
(a) Except as provided in paragraphs (b) and (h) of this section,
after December 1, 1975, no person may operate a large turbine-powered
airplane unless it is equipped with a ground proximity warning system
that meets the performance and environmental standards of TSO-C92 or
incorporates TSO-approved ground proximity warning equipment.
(b) Ground proximity warning systems approved for use under this part
and installed before June 5, 1975, may be used in lieu of equipment that
meets the performance and environmental standards of TSO-C92 or is
TSO-approved until January 1, 1977, except that the requirements of
paragraph (c) of this section must be met.
(c) For the ground proximity warning system required by this section,
the Airplane Flight Manual shall contain --
(1) Appropriate procedures for --
(i) The use of the equipment;
(ii) Proper flight crew action with respect to the equipment;
(iii) Deactivation for planned abnormal and emergency conditions;
(iv) Inhibition of Mode 4 warnings based on flaps being in other than
the landing configuration if the system incorporates a Mode 4 flap
warning inhibition control; and
(2) An outline of all input sources that must be operating.
(d) After September 1, 1976 (unless required earlier in the
certificate holder's operations specifications), no person may
deactivate a ground proximity warning system required by this section
except in accordance with the procedures contained in the Airplane
Flight Manual.
(e) Whenever a ground proximity warning system required by this
section is deactivated, an entry shall be made in the airplane
maintenance record that includes the date and time of deactivation.
(f) Except as provided in paragraph (g) of this section, after June
1, 1976, no person may operate a large turbine-powered airplane unless
it is equipped with a ground proximity warning-glide slope deviation
alerting system that meets the performance and environmental standards
contained in TSO-C92a, or TSO-C92b or incorporates TSO-approved ground
proximity warning-glide slope deviation alerting equipment.
(g) Large turbine-powered airplanes being operated under the
provisions of paragraph (b) of this section may be operated until
January 1, 1977, without being equipped with the ground proximity
warning-glide slope deviation alerting system required by paragraph (f)
of this section.
(h) A certificate holder may obtain an extension of the December 1,
1975, compliance date specified in paragraph (a) of this section, but
not beyond June 1, 1976, from the Director, Flight Standards Service if,
before December 1, 1975 --
(1) It shows that due to circumstances beyond its control it cannot
comply by that date; and
(2) It has submitted by that date a schedule for compliance,
acceptable to the Director, indicating that the system will be installed
at the earliest practicable date.
(i) No person may operate a turbojet powered airplane equipped with a
system required by paragraph (f) of this section, that incorporates
equipment that meets the performance and environmental standards of
TSO-C92b or is approved under that TSO, using other than Warning
Envelopes 1 or 3 for Warning Modes 1 and 4.
(Amdt. 121-119, 40 FR 19638, May 6, 1975, as amended by Amdt.
121-122, 40 FR 42185, Sept. 11, 1975; Amdt. 121-125, 40 FR 50707, Oct.
31, 1975; Amdt. 121-126, 40 FR 55314, Nov. 28, 1975; Amdt. 121-129,
41 FR 35071, Aug. 19, 1976)
14 CFR 121.360 Subpart L -- Maintenance, Preventive Maintenance, and
Alterations
Source: Docket No. 6258, 29 FR 19210, Dec. 31, 1964, unless
otherwise noted.
14 CFR 121.361 Applicability.
(a) Except as provided by paragraph (b) of this section, this subpart
prescribes requirements for maintenance, preventive maintenance, and
alternations for all certificate holders.
(b) The Administrator may amend a certificate holder's operations
specifications to permit deviation from those provisions of this subpart
that would prevent the return to service and use of airframe components,
powerplants, appliances, and spare parts thereof because those items
have been maintained, altered, or inspected by persons employed outside
the United States who do not hold U.S. airman certificates. Each
certificate holder who uses parts under this deviation must provide for
surveillance of facilities and practices to assure that all work
performed on these parts is accomplished in accordance with the
certificate holder's manual.
(Amdt. 121-44, 33 FR 14406, Sept. 25, 1968)
14 CFR 121.363 Responsibility for airworthiness.
(a) Each certificate holder is primarily responsible for --
(1) The airworthiness of its aircraft, including airframes, aircraft
engines, propellers, appliances, and parts thereof; and
(2) The performance of the maintenance, preventive maintenance, and
alteration of its aircraft, including airframes, aircraft engines,
propellers, appliances, emergency equipment, and parts thereof, in
accordance with its manual and the regulations of this chapter.
(b) A certificate holder may make arrangements with another person
for the performance of any maintenance, preventive maintenance, or
alterations. However, this does not relieve the certificate holder of
the responsibility specified in paragraph (a) of this section.
(Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt.
121-106, 38 FR 22378, Aug. 20, 1973)
14 CFR 121.365 Maintenance, preventive maintenance, and alteration
organization.
(a) Each certificate holder that performs any of its maintenance
(other than required inspections), preventive maintenance, or
alterations, and each person with whom it arranges for the performance
of that work must have an organization adequate to perform the work.
(b) Each certificate holder that performs any inspections required by
its manual in accordance with 121.369(b)(2) or (3) (in this subpart
referred to as required inspections) and each person with whom it
arranges for the performance of that work must have an organization
adequate to perform that work.
(c) Each person performing required inspections in addition to other
maintenance, preventive maintenance, or alterations, shall organize the
performance of those functions so as to separate the required inspection
functions from the other maintenance, preventive maintenance, and
alteration functions. The separation shall be below the level of
administrative control at which overall responsibility for the required
inspection functions and other maintenance, preventive maintenance, and
alteration functions are exercised.
(Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt.
121-3, 30 FR 3639, Mar. 19, 1965)
14 CFR 121.367 Maintenance, preventive maintenance, and alterations
programs.
Each certificate holder shall have an inspection program and a
program covering other maintenance, preventive maintenance, and
alterations that ensures that --
(a) Maintenance, preventive maintenance, and alterations performed by
it, or by other persons, are performed in accordance with the
certificate holder's manual;
(b) Competent personnel and adequate facilities and equipment are
provided for the proper performance of maintenance, preventive
maintenance, and alterations; and
(c) Each aircraft released to service is airworthy and has been
properly maintained for operation under this part.
(Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt.
121-100, 37 FR 28053, Dec. 20, 1972)
14 CFR 121.369 Manual requirements.
(a) The certificate holder shall put in its manual a chart or
description of the certificate holder's organization required by
121.365 and a list of persons with whom it has arranged for the
performance of any of its required inspections, other maintenance,
preventive maintenance, or alterations, including a general description
of that work.
(b) The certificate holder's manual must contain the programs
required by 121.367 that must be followed in performing maintenance,
preventive maintenance, and alterations of that certificate holder's
airplanes, including airframes, aircraft engines, propellers,
appliances, emergency equipment, and parts thereof, and must include at
least the following:
(1) The method of performing routine and nonroutine maintenance
(other than required inspections), preventive maintenance, and
alterations.
(2) A designation of the items of maintenance and alteration that
must be inspected (required inspections), including at least those that
could result in a failure, malfunction, or defect endangering the safe
operation of the aircraft, if not performed properly or if improper
parts or materials are used.
(3) The method of performing required inspections and a designation
by occupational title of personnel authorized to perform each required
inspection.
(4) Procedures for the reinspection of work performed pursuant to
previous required inspection findings (buy-back procedures).
(5) Procedures, standards, and limits necessary for required
inspections and acceptance or rejection of the items required to be
inspected and for periodic inspection and calibration of precision
tools, measuring devices, and test equipment.
(6) Procedures to ensure that all required inspections are performed.
(7) Instructions to prevent any person who performs any item of work
from performing any required inspection of that work.
(8) Instructions and procedures to prevent any decision of an
inspector, regarding any required inspection from being countermanded by
persons other than supervisory personnel of the inspection unit, or a
person at that level of administrative control that has overall
responsibility for the management of both the required inspection
functions and the other maintenance, preventive maintenance, and
alterations functions.
(9) Procedures to ensure that required inspections, other
maintenance, preventive maintenance, and alterations that are not
completed as a result of shift changes or similar work interruptions are
properly completed before the aircraft is released to service.
(c) The certificate holder must set forth in its manual a suitable
system (which may include a coded system) that provides for preservation
and retrieval of information in a manner acceptable to the Administrator
and that provides --
(1) A description (or reference to data acceptable to the
Administrator) of the work performed;
(2) The name of the person performing the work if the work is
performed by a person outside the organization of the certificate
holder; and
(3) The name or other positive identification of the individual
approving the work.
(Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt.
121-94, 37 FR 15983, Aug. 9, 1972; Amdt. 121-106, 38 FR 22378, Aug.
20, 1973)
14 CFR 121.371 Required inspection personnel.
(a) No person may use any person to perform required inspections
unless the person performing the inspection is appropriately
certificated, properly trained, qualified, and authorized to do so.
(b) No person may allow any person to perform a required inspection
unless, at that time, the person performing that inspection is under the
supervision and control of an inspection unit.
(c) No person may perform a required inspection if he performed the
item of work required to be inspected.
(d) Each certificated holder shall maintain, or shall determine that
each person with whom it arranges to perform its required inspections
maintains, a current listing of persons who have been trained,
qualified, and authorized to conduct required inspections. The persons
must be identified by name, occupational title, and the inspections that
they are authorized to perform. The certificated holder (or person with
whom it arranges to perform its required inspections) shall give written
information to each person so authorized describing the extent of his
responsibilities authorities, and inspectional limitations. The list
shall be made available for inspection by the Administrator upon
request.
14 CFR 121.373 Continuing analysis and surveillance.
(a) Each certificate holder shall establish and maintain a system for
the continuing analysis and surveillance of the performance and
effectiveness of its inspection program and the program covering other
maintenance, preventive maintenance, and alterations and for the
correction of any deficiency in those programs, regardless of whether
those programs are carried out by the certificate holder or by another
person.
(b) Whenever the Administrator finds that either or both of the
programs described in paragraph (a) of this section does not contain
adequate procedures and standards to meet the requirements of this part,
the certificate holder shall, after notification by the Administrator,
make any changes in those programs that are necessary to meet those
requirements.
(c) A certificate holder may petition the Administrator to reconsider
the notice to make a change in a program. The petition must be filed
with the FAA Flight Standards District Office charged with the overall
inspection of the certificate holder's operations within 30 days after
the certificate holder receives the notice. Except in the case of an
emergency requiring immediate action in the interest of safety, the
filing of the petition stays the notice pending a decision by the
Administrator.
(Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt.
121-207, 54 FR 39293, Sept. 25, 1989)
14 CFR 121.375 Maintenance and preventive maintenance training program.
Each certificate holder or person performing maintenance or
preventive maintenance functions for it shall have a training program to
ensure that each person (including inspection personnel) who determines
the adequacy of work done is fully informed about procedures and
techniques and new equipment in use and is competent to perform his
duties.
14 CFR 121.377 Maintenance and preventive maintenance personnel duty
time limitations.
Within the United States, each certificate holder (or person
performing maintenance or preventive maintenance functions for it) shall
relieve each person performing maintenance or preventive maintenance
from duty for a period of at least 24 consecutive hours during any seven
consecutive days, or the equivalent thereof within any one calendar
month.
14 CFR 121.378 Certificate requirements.
(a) Except for maintenance, preventive maintenance, alterations, and
required inspections performed by repair stations certificated under the
provisions of subpart C of part 145, each person who is directly in
charge of maintenance, preventive maintenance, or alteration, and each
person performing required inspections must hold an appropriate airman
certificate.
(b) For the purposes of this section, a person directly in charge is
each person assigned to a position in which he is responsible for the
work of a shop or station that performs maintenance, preventive
maintenance, alterations, or other functions affecting aircraft
airworthiness. A person who is directly in charge need not physically
observe and direct each worker constantly but must be available for
consultation and decision on matters requiring instruction or decision
from higher authority than that of the persons performing the work.
(Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt.
121-21, 31 FR 10618, Aug. 9, 1966)
14 CFR 121.379 Authority to perform and approve maintenance, preventive
maintenance, and alterations.
(a) A certificate holder may perform, or it may make arrangements
with other persons to perform, maintenance, preventive maintenance, and
alterations as provided in its continuous airworthiness maintenance
program and its maintenance manual. In addition, a certificate holder
may perform these functions for another certificate holder as provided
in the continuous airworthiness maintenance program and maintenance
manual of the other certificate holder.
(b) A certificate holder may approve any aircraft, airframe, aircraft
engine, propeller, or appliance for return to service after maintenance,
preventive maintenance, or alterations that are performed under
paragraph (a) of this section. However, in the case of a major repair
or major alteration, the work must have been done in accordance with
technical data approved by the Administrator.
(Amdt. 121-69, 35 FR 16793, Oct. 30, 1970)
14 CFR 121.380 Maintenance recording requirements.
(a) Each certificate holder shall keep (using the system specified in
the manual required in 121.369) the following records for the periods
specified in paragraph (b) of this section:
(1) All the records necessary to show that all requirements for the
issuance of an airworthiness release under 121.709 have been met.
(2) Records containing the following information:
(i) The total time in service of the airframe.
(ii) The current status of life-limited parts of each airframe,
engine, propeller, rotor, and appliance.
(iii) The time since last overhaul of all items installed on the
aircraft which are required to be overhauled on a specified time basis.
(iv) The identification of the current inspection status of the
aircraft, including the times since the last inspections required by the
inspection program under which the aircraft and its appliances are
maintained.
(v) The current status of applicable airworthiness directives,
including the method of compliance.
(vi) A list of current major alterations to each airframe, engine,
propeller, rotor, and appliance.
(b) Each certificate holder shall retain the records required to be
kept by this section for the following periods:
(1) Except for the records of the last complete overhaul of each
airframe, engine, propeller, rotor, and appliance, the records specified
in paragraph (a)(1) of this section shall be retained until the work is
repeated or superseded by other work or for 1 year after the work is
performed.
(2) The records of the last complete overhaul of each airframe,
engine, propeller, rotor, and appliance shall be retained until the work
is superseded by work of equivalent scope and detail.
(3) The records specified in paragraph (a)(2) of this section shall
be retained and transferred with the aircraft at the time the aircraft
is sold.
(c) The certificate holder shall make all maintenance records
required to be kept by this section available for inspection by the
Administrator or any authorized representative of the National
Transportation Safety Board (NTSB).
(Amdt. 121-94, 37 FR 15983, Aug. 9, 1972)
14 CFR 121.380a Transfer of maintenance records.
Each certificate holder who sells a U.S. registered aircraft shall
transfer to the purchaser, at the time of sale, the following records of
that aircraft, in plain language form or in coded form at the election
of the purchaser, if the coded form provides for the preservation and
retrieval of information in a manner acceptable to the Administrator:
(a) The record specified in 121.380(a)(2).
(b) The records specified in 121.380(a)(1) which are not included in
the records covered by paragraph (a) of this section, except that the
purchaser may permit the seller to keep physical custody of such
records. However, custody of records in the seller does not relieve the
purchaser of his responsibility under 121.380(c) to make the records
available for inspection by the Administrator or any authorized
representative of the National Transportation Safety Board (NTSB).
(Amdt. 121-94, 37 FR 15984, Aug. 9, 1972)
14 CFR 121.380a Subpart M -- Airman and Crewmember Requirements
Source: Docket No. 6258, 29 FR 19212, Dec. 31, 1964, unless
otherwise noted.
14 CFR 121.381 Applicability.
This subpart prescribes airman and crewmember requirements for all
certificate holders.
14 CFR 121.383 Airman: Limitations on use of services.
(a) No certificate holder may use any person as an airman nor may any
person serve as an airman unless that person --
(1) Holds an appropriate current airman certificate issued by the
FAA;
(2) Has any required appropriate current airman and medical
certificates in his possession while engaged in operations under this
part; and
(3) Is otherwise qualified for the operation for which he is to be
used.
(b) Each airman covered by paragraph (a)(2) of this section shall
present either or both certificates for inspection upon the request of
the Administrator.
(c) No certificate holder may use the services of any person as a
pilot on an airplane engaged in operations under this part if that
person has reached his 60th birthday. No person may serve as a pilot on
an airplane engaged in operations under this part if that person has
reached his 60th birthday.
(Doc. No. 6258, 29 FR 19212, Dec. 31, 1964, as amended by Amdt.
121-144, 43 FR 22646, May 25, 1978)
14 CFR 121.385 Composition of flight crew.
(a) No certificate holder may operate an airplane with less than the
minimum flight crew in the airworthiness certificate or the airplane
Flight Manual approved for that type airplane and required by this part
for the kind of operation being conducted.
(b) In any case in which this part requires the performance of two or
more functions for which an airman certificate is necessary, that
requirement is not satisfied by the performance of multiple functions at
the same time by one airman.
(c) The following minimum pilot crews apply:
(1) Domestic air carriers. If a domestic air carrier is authorized
to operate under IFR, or if it operates large aircraft, the minimum
pilot crew is two pilots and the air carrier shall designate one pilot
as pilot in command and the other second in command.
(2) Flag air carriers. If a flag air carrier is authorized to
operate under IFR, or if it operates large aircraft, the minimum pilot
crew is two pilots.
(3) Supplemental air carriers and Commercial operators. If a
supplemental air carrier or commercial operator is authorized to operate
helicopters under IFR, or if it operates large aircraft, the minimum
pilot crew is two pilots and the supplemental air carrier or commercial
operator shall designate one pilot as pilot in command and the other
second in command.
(d) On each flight requiring a flight engineer at least one flight
crewmember, other than the flight engineer, must be qualified to provide
emergency performance of the flight engineer's functions for the safe
completion of the flight if the flight engineer becomes ill or is
otherwise incapacitated. A pilot need not hold a flight engineer's
certificate to perform the flight engineer's functions in such a
situation.
(Doc. No. 6258, 29 FR 19212, Dec. 31, 1964, as amended by Amdt.
121-178, 47 FR 13316, Mar. 29, 1982)
14 CFR 121.387 Flight engineer.
No certificate holder may operate an airplane for which a type
certificate was issued before January 2, 1964, having a maximum
certificated takeoff weight of more than 80,000 pounds without a flight
crewmember holding a current flight engineer certificate. For each
airplane type certificated after January 1, 1964, the requirement for a
flight engineer is determined under the type certification requirements
of 25.1523.
(Amdt. 121-4, 30 FR 6067, Apr. 29, 1965)
14 CFR 121.389 Flight navigator and specialized navigation equipment.
(a) No certificate holder may operate an airplane outside the 48
contiguous States and the District of Columbia, when its position cannot
be reliably fixed for a period of more than 1 hour, without --
(1) A flight crewmember who holds a current flight navigator
certificate; or
(2) Specialized means of navigation approved in accordance with
121.355 which enables a reliable determination to be made of the
position of the airplane by each pilot seated at his duty station.
(b) Notwithstanding paragraph (a) of this section, the Administrator
may also require a flight navigator or special navigation equipment, or
both, when specialized means of navigation are necessary for 1 hour or
less. In making this determination, the Administrator considers --
(1) The speed of the airplane;
(2) Normal weather conditions en route;
(3) Extent of air traffic control;
(4) Traffic congestion;
(5) Area of navigational radio coverage at destination;
(6) Fuel requirements;
(7) Fuel available for return to point of departure or alternates;
(8) Predication of flight upon operation beyond the point of no
return; and
(9) Any other factors he determines are relevant in the interest of
safety.
(c) Operations where a flight navigator or special navigation
equipment, or both, are required are specified in the operations
specifications of the air carrier or commercial operator.
(Amdt. 121-89, 37 FR 6464, Mar. 30, 1972, as amended by Amdt.
121-178, 47 FR 13316, Mar. 29, 1982)
14 CFR 121.391 Flight attendants.
(a) Each certificate holder shall provide at least the following
flight attendants on each passenger-carrying airplane used:
(1) For airplanes having a seating capacity of more than nine but
less than 51 passengers -- one flight attendant.
(2) For airplanes having a seating capacity of more than 50 but less
than 101 passengers -- two flight attendants.
(3) For airplanes having a seating capacity of more than 100
passengers -- two flight attendants plus one additional flight attendant
for each unit (or part of a unit) of 50 passenger seats above a seating
capacity of 100 passengers.
(b) If, in conducting the emergency evacuation demonstration required
under 121.291 (a) or (b), the certificate holder used more flight
attendants than is required under paragraph (a) of this section for the
maximum seating capacity of the airplane used in the demonstration, he
may not, thereafter, take off that airplane --
(1) In its maximum seating capacity configuration with fewer flight
attendants than the number used during the emergency evacuation
demonstration; or
(2) In any reduced seating capacity configuration with fewer flight
attendants than the number required by paragraph (a) of this section for
that seating capacity plus the number of flight attendants used during
the emergency evacuation demonstration that were in excess of those
required under paragraph (a) of this section.
(c) The number of flight attendants approved under paragraphs (a) and
(b) of this section are set forth in the certificate holder's operations
specifications.
(d) During takeoff and landing, flight attendants required by this
section shall be located as near as practicable to required floor level
exists and shall be uniformly distributed throughout the airplane in
order to provide the most effective egress of passengers in event of an
emergency evacuation. During taxi, flight attendants required by this
section must remain at their duty stations with safety belts and
shoulder harnesses fastened except to perform duties related to the
safety of the airplane and its occupants.
(e) At stops where passengers remain on board the aircraft and
proceed on that aircraft to another destination, each certificate holder
shall provide and maintain on board the aircraft during that stop at
least one-half (rounded to the next lower figure in the case of a
fraction) of the flight attendants as provided in paragraph (a) of this
section or the same number of other personnel qualified in the emergency
evacuation procedures for that aircraft as required in 121.417 provided
those personnel are identified to the passengers, but never fewer than
one such person. These persons shall be uniformly distributed
throughout the airplane to provide the most effective egress of
passengers in the event of an emergency evacuation. Should there be
only one flight attendant on board the aircraft, that person will be
located in accordance with the airline's FAA-approved operating
procedures. During such stops when the flight attendant complement is
fewer than required by 121.391(a), the certificate holder must ensure
that the aircraft engines are shut down and at least one floor-level
exit on that aircraft remains open during the stop and that such exit
provides for the deplaning of passengers.
(Amdt. 121-2, 30 FR 3206, Mar. 9, 1965, as amended by Amdt. 121-30,
32 FR 13268, Sept. 20, 1967; Amdt. 121-46, 34 FR 5545, Mar. 22, 1969;
Amdt. 121-84, 37 FR 3975, Feb. 24, 1972; Amdt. 121-88, 37 FR 5606, Mar.
17, 1972; Amdt. 121-159, 45 FR 41593, June 19, 1980; Amdt. 121-176, 46
FR 61454, Dec. 17, 1981; Amdt. 121-180, 47 FR 56463, Dec. 16, 1982)
14 CFR 121.395 Aircraft dispatcher: Domestic and flag air carriers.
Each domestic and flag air carrier shall provide enough qualified
aircraft dispatchers at each dispatch center to ensure proper
operational control of each flight.
14 CFR 121.397 Emergency and emergency evacuation duties.
(a) Each certificate holder shall, for each type and model of
airplane, assigned to each category of required crewmember, as
appropriate, the necessary functions to be performed in an emergency or
a situation requiring emergency evacuation. The certificate holder
shall show those functions are realistic, can be practically
accomplished, and will meet any reasonably anticipated emergency
including the possible incapacitation of individual crewmembers or their
inability to reach the passenger cabin because of shifting cargo in
combination cargo-passenger airplanes.
(b) The certificate holder shall describe in its manual the functions
of each category of required crewmembers under paragraph (a) of this
section.
(Amdt. 121-2, 30 FR 3206, Mar. 9, 1965, as amended by Amdt. 121-7, 30
FR 6727, May 18, 1965)
14 CFR 121.397 Subpart N -- Training Program
Source: Amdt. 121-55, 35 FR 90, Jan. 3, 1970, unless otherwise
noted.
14 CFR 121.400 Applicability and terms used.
(a) This subpart prescribes the requirements applicable to each
certificate holder for establishing and maintaining a training program
for crewmembers, aircraft dispatchers, and other operations personnel,
and for the approval and use of training devices in the conduct of the
program.
(b) For the purpose of this subpart, airplane groups are as follows:
(1) Group I. Propeller driven, including --
(i) Reciprocating powered; and
(ii) Turbopropeller powered.
(2) Group II. Turbojet powered.
(c) For the purpose of this subpart, the following terms and
definitions apply:
(1) Initial training. The training required for crewmembers and
dispatchers who have not qualified and served in the same capacity on
another airplane of the same group.
(2) Transition training. The training required for crewmembers and
dispatchers who have qualified and served in the same capacity on
another airplane of the same group.
(3) Upgrade training. The training required for crewmembers who have
qualified and served as second in command or flight engineer on a
particular airplane type, before they serve as pilot in command or
second in command, respectively, on that airplane.
(4) Differences training. The training required for crewmembers and
dispatchers who have qualified and served on a particular type airplane,
when the Administrator finds differences training is necessary before a
crewmember serves in the same capacity on a particular variation of that
airplane.
(5) Programmed hours. The hours of training prescribed in this
subpart which may be reduced by the Administrator upon a showing by the
certificate holder that circumstances justify a lesser amount.
(6) Inflight. Refers to maneuvers, procedures, or functions that
must be conducted in the airplane.
(Amdt. 121-55, 35 FR 90, Jan. 3, 1970; 35 FR 2819, Feb. 11, 1970, as
amended by Amdt. 121-104, 38 FR 14915, June 7, 1973)
14 CFR 121.401 Training program: General.
(a) Each certificate holder shall:
(1) Establish, obtain the appropriate initial and final approval of,
and provide, a training program that meets the requirements of this
subpart and appendixes E and F and that insures that each crewmember,
aircraft dispatcher, flight instructor, and check airman, and each
person assigned duties for the carriage and handling of dangerous
articles and magnetized materials, is adequately trained to perform his
assigned duties.
(2) Provide adequate ground and flight training facilities and
properly qualified ground instructors for the training required by this
subpart;
(3) Provide and keep current with respect to each airplane type and,
if applicable, the particular variations within that airplane type,
appropriate training material, examinations, forms, instructions, and
procedures for use in conducting the training and checks required by
this part; and
(4) Provide enough flight instructors, simulator instructors, and
approved check airmen to conduct required flight training and flight
checks, and simulator training courses permitted under this part.
(b) Whenever a crewmember or aircraft dispatcher who is required to
take recurrent training, a flight check, or a competence check, takes
the check or completes the training in the calendar month before or
after the calendar month in which that training or check is required, he
is considered to have taken or completed it in the calendar month in
which it was required.
(c) Each instructor, supervisor, or check airman who is responsible
for a particular ground training subject, segment of flight training,
course of training, flight check, or competence check under this part
shall certify as to the proficiency and knowledge of the crewmember,
aircraft dispatcher, flight instructor, or check airman concerned upon
completion of that training or check. That certification shall be made
a part of the crewmember's or dispatcher's record. When the
certification required by this paragraph is made by an entry in a
computerized recordkeeping system, the certifying instructor,
supervisor, or check airman must be identified with that entry.
However, the signature of the certifying instructor, supervisor, or
check airman is not required for computerized entries.
(d) Training subjects that are applicable to more than one airplane
or crewmember position and that have been satisfactorily completed in
connection with prior training for another airplane or another
crewmember position, need not be repeated during subsequent training
other than recurrent training.
(e) A person who progresses successfully through flight training, is
recommended by his instructor or a check airman, and successfully
completes the appropriate flight check for a check airman or the
Administrator, need not complete the programmed hours of flight training
for the particular airplane. However, whenever the Administrator finds
that 20 percent of the flight checks given at a particular training base
during the previous 6 months under this paragraph are unsuccessful, this
paragraph may not be used by the certificate holder at that base until
the Administrator finds that the effectiveness of the flight training
there has improved.
In the case of a certificate holder using a course of training
permitted in 121.409(c), the Administrator may require the programmed
hours of inflight training in whole or in part, until he finds the
effectiveness of the flight training has improved as provided in
paragraph (e) of this section.
(Amdt. 121-55, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-104,
38 FR 14915, June 7, 1973; Amdt. 121-108, 38 FR 35446, Dec. 28, 1973;
Amdt. 121-143, 43 FR 22642, May 25, 1978)
14 CFR 121.403 Training program: Curriculum.
(a) Each certificate holder must prepare and keep current a written
training program curriculum for each type of airplane with respect to
dispatchers and each crewmember required for that type airplane. The
curriculum must include ground and flight training required by this
subpart.
(b) Each training program curriculum must include:
(1) A list of principal ground training subjects, including emergency
training subjects, that are provided.
(2) A list of all the training devices mockups, systems trainers,
procedures trainers, or other training aids that the certificate holder
will use.
(3) Detailed descriptions or pictorial displays of the approved
normal, abnormal, and emergency maneuvers, procedures and functions that
will be performed during each flight training phase or flight check,
indicating those maneuvers, procedures and functions that are to be
performed during the inflight portions of flight training and flight
checks.
(4) A list of airplane simulators or other training devices approved
under 121.407, including approvals for particular maneuvers,
procedures, or functions.
(5) The programmed hours of training that will be applied to each
phase of training.
(6) A copy of each statement issued by the Administrator under
121.405(d) for reduction of programmed hours of training.
14 CFR 121.404 Windshear training: Compliance dates.
After January 2, 1991, no certificate holder may use a person as a
flight crewmember unless that person has completed --
(a) Windshear ground training in accordance with 121.419 of this
part.
(b) Windshear flight training, if applicable, in accordance with
121.409, 121.424, and 121.427 of this part.
(Doc. No. 19110, Amdt. 121-199, 53 FR 37696, Sept. 27, 1988)
14 CFR 121.405 Training program and revision: Initial and final
approval.
(a) To obtain initial and final approval of a training program, or a
revision to an approved training program, each certificate holder must
submit to the Administrator --
(1) An outline of the proposed program or revision, including an
outline of the proposed or revised curriculum, that provides enough
information for a preliminary evaluation of the proposed training
program or revised training program; and
(2) Additional relevant information as may be requested by the
Administrator.
(b) If the proposed training program or revision complies with this
subpart the Administrator grants initial approval in writing after which
the certificate holder may conduct the training in accordance with that
program. The Administrator then evaluates the effectiveness of the
training program and advises the certificate holder of deficiencies, if
any, that must be corrected.
(c) The Administrator grants final approval of the training program
or revision if the certificate holder shows that the training conducted
under the initial approval set forth in paragraph (b) of this section
ensures that each person that successfully completes the training is
adequately trained to perform his assigned duties.
(d) In granting initial and final approval of training programs or
revisions, including reductions in programmed hours specified in this
subpart, the Administrator considers the training aids, devices,
methods, and procedures listed in the certificate holder's curriculum as
set forth in 121.403 that increase the quality and effectiveness of the
teaching-learning process.
If approval of reduced programmed hours of training is granted, the
Administrator provides the certificate holder with a statement of the
basis for the approval.
(e) Whenever the Administrator finds that revisions are necessary for
the continued adequacy of a training program that has been granted final
approval, the certificate holder shall, after notification by the
Administrator, make any changes in the program that are found necessary
by the Administrator. Within 30 days after the certificate holder
receives such notice, it may file a petition to reconsider the notice
with the FAA Flight Standards District Office charged with the overall
inspection of the certificate holder's operations. The filing of a
petition to reconsider stays the notice pending a decision by the
Administrator. However, if the Administrator finds that there is an
emergency that requires immediate action in the interest of safety in
air transportation, he may, upon a statement of the reasons, require a
change effective without stay.
(Amdt. 121-55, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-207,
54 FR 39293, Sept. 25, 1989)
14 CFR 121.407 Training program: Approval of airplane simulators and
other training devices.
(a) Each airplane simulator and other training device that is used in
a training course permitted under 121.409, in checks required under
subpart O of this part or as permitted in appendices E and F to this
part must:
(1) Be specifically approved for --
(i) The certificate holder;
(ii) The type airplane and, if applicable, the particular variation
within type, for which the training or check is being conducted; and
(iii) The particular maneuver, procedure, or crewmember function
involved.
(2) Maintain the performance, functional, and other characteristics
that are required for approval.
(3) Be modified to conform with any modification to the airplane
being simulated that results in changes to performance, functional, or
other characteristics required for approval.
(4) Be given a daily functional preflight check before being used.
(5) Have a daily discrepancy log kept with each discrepancy entered
in that log by the appropriate instructor or check airman at the end of
each training or check flight.
(b) A particular airplane simulator or other training device may be
approved for use by more than one certificate holder.
(c) An airplane simulator may be used instead of the airplane to
satisfy the in-flight requirements of 121.439 and 121.441 and
appendices E and F of this part, if the simulator --
(1) Is approved under this section and meets the appropriate
simulator requirements of appendix H of this part; and
(2) Is used as part of an approved program that meets the training
requirements of 121.424 (a) and (c) and appendix H of this part.
(d) An airplane simulator approved under this section must be used
instead of the airplane to satisfy the pilot flight training
requirements prescribed in the certificate holder's approved
low-altitude windshear flight training program set forth in 121.409(d)
of this part.
(Amdt. 121-55, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-161,
45 FR 44183, June 30, 1980; Amdt. 121-199, 53 FR 37696, Sept. 27, 1988)
14 CFR 121.409 Training courses using airplane simulators and other
training devices.
(a) Training courses utilizing airplane simulators and other training
devices may be included in the certificate holder's approved training
program for use as provided in this section.
(b) A course of training in an airplane simulator may be included for
use as provided in 121.441 if that course --
(1) Provides at least 4 hours of training at the pilot controls of an
airplane simulator as well as a proper briefing before and after the
training;
(2) Provides training in at least the procedures and maneuvers set
forth in appendix F to this part; or
(3) Provides line-oriented training that --
(i) Utilizes a complete flight crew;
(ii) Includes at least the maneuvers and procedures (abnormal and
emergency) that may be expected in line operations;
(iii) Is representative of the flight segment appropriate to the
operations being conducted by the certificate holder; and
(4) Is given by an instructor who meets the applicable requirements
of 121.411.
The satisfactory completion of the course of training must be
certified by either the Administrator or a qualified check airman.
(c) The programmed hours of flight training set forth in this subpart
do not apply if the training program for the airplane type includes --
(1) A course of pilot training in an airplane simulator as provided
in 121.424(d); or
(2) A course of flight engineer training in an airplane simulator or
other training device as provided in 121.425(c).
(d) Each certificate holder required to comply with 121.358 of this
part must use an approved simulator for each airplane type in each of
its pilot training courses that provides training in at least the
procedures and maneuvers set forth in the certificate holder's approved
low-altitude windshear flight training program. The approved
low-altitude windshear flight training, if applicable, must be included
in each of the pilot flight training courses prescribed in 121.409(b),
121.418, 121.424, and 121.427 of this part.
(Amdt. 121-55, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-130,
41 FR 47229, Oct. 28, 1976; Amdt. 121-144, 43 FR 22646, May 25, 1978;
Amdt. 121-199, 53 FR 37696, Sept. 27, 1988)
14 CFR 121.411 Training program; Check airman and instructor
qualifications.
(a) No certificate holder may use a person nor may any person serve
as a flight instructor or check airman in a training program established
under this subpart unless, with respect to the particular airplane type
involved, that person --
(1) Holds the airman certificates and ratings that must be held in
order to serve as a pilot in command, a flight engineer, or a flight
navigator, as appropriate, in operations under this part;
(2) Has satisfactorily completed the appropriate training phases for
the airplane, including recurrent training, that are required in order
to serve as a pilot in command, flight engineer, or flight navigator in
operations under this part;
(3) Has satisfactorily completed the appropriate proficiency or
competence checks that are required in order to serve as a pilot in
command, flight enginers, or flight navigator in operations under this
part;
(4) Has satisfactorily completed the applicable training requirements
of 121.413;
(5) In the case of a check airman, has been approved for the airplane
and the check airman duties involved; and
(6) Holds at least a Class III medical certificate. However, pilot
check airmen who have passed their 60th birthday or check airmen who do
not hold an appropriate medical certificate may not serve as a flight
crewmember in operations under this part.
(b) No certificate holder may use a person nor may any person serve
as a simulator instructor for a course of training given in an airplane
simulator as provided in 121.409(b) unless that person --
(1) Holds an airline transport pilot certificate; and
(2) Has satisfactorily completed for a check airman or for the
Administrator --
(i) Appropriate initial pilot ground training and ground training for
a flight instructor as provided in 121.413; and
(ii) A simulator flight training course in the type airplane
simulator in which that person instructs as provided by 121.409(c).
(c) Notwithstanding paragraphs (a) and (b) of this section, a person
who was designated as a check airman, a flight instructor, or a
simulator instructor before December 22, 1969, may continue to serve as
such, with respect to the particular type airplane involved, without
completing the training specified in 121.413.
14 CFR 121.413 Check airmen and flight instructors: Initial and
transition training.
(a) The initial and transition ground training for pilot check airmen
must include the following:
(1) Pilot check airman duties, functions, and responsibilities.
(2) The applicable Federal Aviation Regulations and the certificate
holder's policy and procedures.
(3) The appropriate methods, procedures, and techniques for
conducting the required checks.
(4) Proper evaluation of pilot performance including the detection of
--
(i) Improper and insufficient training; and
(ii) Personal characteristics that could adversely affect safety.
(5) The appropriate corrective action in the case of unsatisfactory
checks.
(6) The approved methods, procedures, and limitations for performing
the required normal, abnormal, and emergency procedures in the airplane.
(b) The initial and transition ground training for pilot flight
instructors must include the following:
(1) The fundamental principles of the teaching-learning process.
(2) Teaching methods and procedures.
(3) The instructor-student relationship.
However, paragraphs (b) (1), (2), and (3) of this section are not
required for the holder of a flight instructor certificate.
(c) The initial and transition flight training for pilot check airmen
and pilot flight instructors must include the following:
(1) Enough inflight training and practice in conducting flight checks
from the left and right pilot seats in the required normal, abnormal,
and emergency maneuvers to insure his competence to conduct the pilot
flight checks and flight training required by this part.
(2) The appropriate safety measures to be taken from either pilot
seat for emergency situations that are likely to develop in training.
(3) The potential results of improper or untimely safety measures
during training.
The requirements of paragraphs (c) (2) and (3) of this section may be
accomplished inflight or in an approved simulator.
(d) The initial and transition ground and flight training for flight
engineer and flight navigator flight instructors and check airmen must
be adequate to insure competence to perform their assigned duties.
14 CFR 121.415 Crewmember and dispatcher training requirements.
(a) Each training program must provide the following ground training
as appropriate to the particular assignment of the crewmember or
dispatcher:
(1) Basic indoctrination ground training for newly hired crewmembers
or dispatchers including 40 programmed hours of instruction, unless
reduced under 121.405 or as specified in 121.401(d), in at least the
following --
(i) Duties and responsibilities of crewmembers or dispatchers, as
applicable;
(ii) Appropriate provisions of the Federal Aviation Regulations;
(iii) Contents of the certificate holder's operating certificate and
operations specifications (not required for flight attendants); and
(iv) Appropriate portions of the certificate holder's operating
manual.
(2) The initial and transition ground training specified in 121.419
through 121.422, as applicable.
(3) Emergency training as specified in 121.417 (not required for
dispatchers).
(b) Each training program must provide the flight training specified
in 121.424 through 121.426, as applicable.
(c) Each training program must provide recurrent ground and flight
training as provided in 121.427.
(d) Each training program must provide the differences training
specified in 121.418 if the Administrator finds that, due to
differences between airplanes of the same type operated by the
certificate holder, additional training is necessary to insure that each
crewmember and dispatcher is adequately trained to perform his assigned
duties.
(e) Upgrade training as specified in 121.419 and 121.424 for a
particular type airplane may be included in the training program for
crewmembers who have qualified and served as second in command pilot or
flight engineer on that airplane.
(f) Particular subjects, maneuvers, procedures, or parts thereof
specified in 121.419 through 121.425 for transition or upgrade
training, as applicable, may be omitted, or the programmed hours of
ground instruction or inflight training may be reduced, as provided in
121.405.
(g) In addition to initial, transition, upgrade, recurrent and
differences training, each training program must also provide ground and
flight training, instruction, and practice as necessary to insure that
each crewmember and dispatcher --
(1) Remains adequately trained and currently proficient with respect
to each airplane, crewmember position, and type of operation in which he
serves; and
(2) Qualifies in new equipment, facilities, procedures, and
techniques, including modifications to airplanes.
(Amdt. 121-55, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-130,
41 FR 47229, Oct. 28, 1976)
14 CFR 121.417 Crewmember emergency training.
(a) Each training program must provide the emergency training set
forth in this section with respect to each airplane type, model, and
configuration, each required crewmember, and each kind of operation
conducted, insofar as appropriate for each crewmember and the
certificate holder.
(b) Emergency training must provide the following:
(1) Instruction in emergency assignments and procedures, including
coordination among crewmembers.
(2) Individual instruction in the location, function, and operation
of emergency equipment including --
(i) Equipment used in ditching and evacuation;
(ii) First aid equipment and its proper use;
(iii) Portable fire extinguishers, with emphasis on type of
extinguisher to be used on different classes of fires; and
(iv) Emergency exits in the emergency mode with the evacuation
slide/raft pack attached (if applicable), with training emphasis on the
operation of the exits under adverse conditions.
(3) Instruction in the handling of emergency situations including --
(i) Rapid decompression;
(ii) Fire in flight or on the surface, and smoke control procedures
with emphasis on electrical equipment and related circuit breakers found
in cabin areas including all galleys, service centers, lifts, lavatories
and movie screens;
(iii) Ditching and other evacuation, including the evacuation of
persons and their attendants, if any, who may need the assistance of
another person to move expeditiously to an exit in the event of an
emergency.
(iv) Illness, injury, or other abnormal situations involving
passengers or crewmembers to include familiarization with the emergency
medical kit; and
(v) Hijacking and other unusual situations.
(4) Review and discussion of previous aircraft accidents and
incidents pertaining to actual emergency situations.
(c) Each crewmember must accomplish the following emergency training
during the specified training periods, using those items of installed
emergency equipment for each type of airplane in which he or she is to
serve (Alternate recurrent training required by 121.433(c) of this part
may be accomplished by approved pictorial presentation or
demonstration):
(1) One-time emergency drill requirements to be accomplished during
initial training. Each crewmember must perform --
(i) At least one approved firefighting drill using at least one type
of installed hand fire extinguisher, appropriate for the type of fire to
be fought, while using the type of installed PBE for combatting fires
aboard airplanes required by 121.337 of this part; and
(ii) An emergency evacuation drill with each person egressing the
airplane or approved training device using at least one type of
installed emergency evacuation slide. The crewmember may either observe
the airplane exits being opened in the emergency mode and the associated
exit slide/raft pack being deployed and inflated, or perform the tasks
resulting in the accomplishment of these actions.
(2) Additional emergency drill requirements to be accomplished during
initial training and once each 24 calendar months during recurrent
training. Each crewmember must --
(i) Perform the following emergency drills and operate the following
equipment:
(A) Each type of emergency exit in the normal and emergency modes,
including the actions and forces required in the deployment of the
emergency evacuation slides;
(B) Each type of installed hand fire extinguisher;
(C) Each type of emergency oxygen system to include protective
breathing equipment;
(D) Donning, use, and inflation of individual flotation means, if
applicable; and
(E) Ditching, if applicable, including but not limited to, as
appropriate:
(1) Cockpit preparation and procedures;
(2) Crew coordination;
(3) Passenger briefing and cabin preparation;
(4) Donning and inflation of life preservers;
(5) Use of life-lines; and
(6) Boarding of passengers and crew into raft or a slide/raft pack.
(ii) Observe the following drills:
(A) Removal from the airplane (or training device) and inflation of
each type of life raft, if applicable;
(B) Transfer of each type of slide/raft pack from one door to
another;
(C) Deployment, inflation, and detachment from the airplane (or
training device) of each type of slide/raft pack; and
(D) Emergency evacuation including the use of a slide.
(d) After July 31, 1992, no crewmember may serve in operations under
this part unless that crewmember has performed the firefighting drill
prescribed by paragraph (c)(1)(i) of this section.
(e) Crewmembers who serve in operations above 25,000 feet must
receive instruction in the following:
(1) Respiration.
(2) Hypoxia.
(3) Duration of consciousness without supplemental oxygen at
altitude.
(4) Gas expansion.
(5) Gas bubble formation.
(6) Physical phenomena and incidents of decompression.
(f) For the purposes of this section, perform means accomplishing a
prescribed emergency drill using established procedures that stress the
skill of those persons involved in the drill, and observe means to watch
without participating actively in the drill.
(Amdt. 121-55, 35 FR 90, Jan. 3, 1970)
Editorial Note: For Federal Register citations affecting 121.417,
see the List of CFR Sections Affected in the Finding Aids section of
this volume.
14 CFR 121.418 Differences training: Crewmembers and dispatchers.
(a) Differences training for crewmembers and dispatchers must consist
of at least the following as applicable to their assigned duties and
responsibilities:
(1) Instruction in each appropriate subject or part thereof required
for initial ground training in the airplane unless the Administrator
finds that particular subjects are not necessary.
(2) Flight training in each appropriate maneuver or procedure
required for initial flight training in the airplane unless the
Administrator finds that particular maneuvers or procedures are not
necessary.
(3) The number of programmed hours of ground and flight training
determined by the Administrator to be necessary for the airplane, the
operation, and the crewmember or aircraft dispatcher involved.
Differences training for all variations of a particular type airplane
may be included in initial, transition, upgrade, and recurrent training
for the airplane.
14 CFR 121.419 Pilots and flight engineers: Initial, transition, and
upgrade ground training.
(a) Initial, transition, and upgrade ground training for pilots and
flight engineers must include instruction in at least the following as
applicable to their assigned duties:
(1) General subjects --
(i) The certificate holder's dispatch or flight release procedures;
(ii) Principles and methods for determining weight and balance, and
runway limitations for takeoff and landing;
(iii) Enough meteorology to insure a practical knowledge of weather
phenomena, including the principles of frontal systems, icing, fog,
thunderstorms, and high altitude weather situations;
(iv) Air traffic control systems, procedures, and phraseology;
(v) Navigation and the use of navigation aids, including instrument
approach procedures;
(vi) Normal and emergency communication procedures;
(vii) Visual cues prior to and during descent below DH or MDA; and
(viii) Other instructions as necessary to ensure his competence.
(2) For each airplane type --
(i) A general description;
(ii) Performance characteristics;
(iii) Engines and propellers;
(iv) Major components;
(v) Major airplane systems (i.e., flight controls, electrical,
hydraulic); other systems as appropriate; principles of normal,
abnormal, and emergency operations; appropriate procedures and
limitations;
(vi) Procedures for --
(A) Recognizing and avoiding severe weather situations;
(B) Escaping from severe weather situations, in case of inadvertent
encounters, including low-altitude windshear, and
(C) Operating in or near thunderstorms (including best penetrating
altitudes), turbulent air (including clear air turbulence), icing, hail,
and other potentially hazardous meteorological conditions;
(vii) Operating limitations;
(viii) Fuel consumption and cruise control;
(ix) Flight planning;
(x) Each normal and emergency procedure; and
(xi) The approved Airplane Flight Manual.
(b) Initial ground training for pilots and flight engineers must
consist of at least the following programmed hours of instruction in the
required subjects specified in paragraph (a) of this section and in
121.415(a) unless reduced under 121.405:
(1) Group I airplanes --
(i) Reciprocating powered, 64 hours; and
(ii) Turbopropeller powered, 80 hours.
(2) Group II airplanes, 120 hours.
(Amdt. 121-55, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-199,
53 FR 37696, Sept. 27, 1988)
14 CFR 121.420 Flight navigators: Initial and transition ground
training.
(a) Initial and transition ground training for flight navigators must
include instruction in the subjects specified in 121.419(a) as
appropriate to his assigned duties and responsibilities and in the
following with respect to the particular type airplane:
(1) Limitations on climb, cruise, and descent speeds.
(2) Each item of navigational equipment installed including
appropriate radio, radar, and other electronic equipment.
(3) Airplane performance.
(4) Airspeed, temperature, and pressure indicating instruments or
systems.
(5) Compass limitations and methods of compensation.
(6) Cruise control charts and data, including fuel consumption rates.
(7) Any other instruction as necessary to ensure his competence.
(b) Initial ground training for flight navigators must consist of at
least the following programmed hours of instruction in the subjects
specified in paragraph (a) of this section and in 121.415(a) unless
reduced under 121.405:
(1) Group I airplanes --
(i) Reciprocating powered, 16 hours; and
(ii) Turbopropeller powered; 32 hours.
(2) Group II airplanes, 32 hours.
14 CFR 121.421 Flight attendants: Initial and transition ground
training.
(a) Initial and transition ground training for flight attendants must
include instruction in at least the following:
(1) General subjects --
(i) The authority of the pilot in command; and
(ii) Passenger handling, including the procedures to be followed in
the case of deranged persons or other persons whose conduct might
jeopardize safety.
(2) For each airplane type --
(i) A general description of the airplane emphasizing physical
characteristics that may have a bearing on ditching, evacuation, and
inflight emergency procedures and on other related duties;
(ii) The use of both the public address system and the means of
communicating with other flight crewmembers, including emergency means
in the case of attempted hijacking or other unusual situations; and
(iii) Proper use of electrical galley equipment and the controls for
cabin heat and ventilation.
(b) Initial and transition ground training for flight attendants must
include a competence check to determine ability to perform assigned
duties and responsibilities.
(c) Initial ground training for flight attendants must consist of at
least the following programmed hours of instruction in the subjects
specified in paragraph (a) of this section and in 121.415(a) unless
reduced under 121.405.
(1) Group I airplanes --
(i) Reciprocating powered, 8 hours; and
(ii) Turbopropeller powered, 8 hours.
(2) Group II airplanes, 16 hours.
14 CFR 121.422 Aircraft dispatchers: Initial and transition ground
training.
(a) Initial and transition ground training for aircraft dispatchers
must include instruction in at least the following:
(1) General subjects --
(i) Use of communications systems including the characteristics of
those systems and the appropriate normal and emergency procedures;
(ii) Meteorology, including various types of meteorological
information and forecasts, interpretation of weather data (including
forecasting of en route and terminal temperatures and other weather
conditions), frontal systems, wind conditions, and use of actual and
prognostic weather charts for various altitudes;
(iii) The NOTAM system;
(iv) Navigational aids and publications;
(v) Joint dispatcher-pilot responsibilities;
(vi) Characteristics of appropriate airports;
(vii) Prevailing weather phenomena and the available sources of
weather information; and
(viii) Air traffic control and instrument approach procedures.
(2) For each airplane --
(i) A general description of the airplane emphasizing operating and
performance characteristics, navigation equipment, instrument approach
and communication equipment, emergency equipment and procedures, and
other subjects having a bearing on dispatcher duties and
responsibilities;
(ii) Flight operation procedures including procedures specified in
121.419(a)(2)(vi);
(iii) Weight and balance computations;
(iv) Basic airplane performance dispatch requirements and procedures;
(v) Flight planning including track selection, flight time analysis,
and fuel requirements; and
(vi) Emergency procedures.
(3) Emergency procedures must be emphasized, including the alerting
of proper governmental, company, and private agencies during emergencies
to give maximum help to an airplane in distress.
(b) Initial and transition ground training for aircraft dispatchers
must include a competence check given by an appropriate supervisor or
ground instructor that demonstrates knowledge and ability with the
subjects set forth in paragraph (a) of this section.
(c) Initial ground training for aircraft dispatchers must consist of
at least the following programmed hours of instruction in the subjects
specified in paragraph (a) of this section and in 121.415(a) unless
reduced under 121.405:
(1) Group I airplanes --
(i) Reciprocating powered, 30 hours; and
(ii) Turbopropeller powered, 40 hours.
(2) Group II airplanes, 40 hours.
14 CFR 121.424 Pilots: Initial, transition, and upgrade flight
training.
(a) Initial, transition, and upgrade training for pilots must include
flight training and practice in the maneuvers and procedures set forth
in the certificate holder's approved low-altitude windshear flight
training program and in appendix E to this part, as applicable.
(b) The maneuvers and procedures required by paragraph (a) of this
section must be performed inflight except --
(1) That windshear maneuvers and procedures must be performed in a
simulator in which the maneuvers and procedures are specifically
authorized to be accomplished; and
(2) To the extent that certain other maneuvers and procedures may be
performed in an airplane simulator, an appropriate training device, or a
static airplane as permitted in appendix E to this part.
(c) Except as permitted in paragraph (d) of this section, the initial
flight training required by paragraph (a) of this section must include
at least the following programmed hours of inflight training and
practice unless reduced under 121.405;
(1) Group I airplanes --
(i) Reciprocating powered. Pilot in command, 10 hours; second in
command, 6 hours; and
(ii) Turbopropeller powered. Pilot in command, 15 hours; second in
command, 7 hours.
(2) Group II airplanes. Pilot in command, 20 hours; second in
command, 10 hours.
(d) If the certificate holder's approved training program includes a
course of training utilizing an airplane simulator under 121.409 (c)
and (d) of this part, each pilot must successfully complete --
(1) With respect to 121.409(c) of this part --
(i) Training and practice in the simulator in at least all of the
maneuvers and procedures set forth in appendix E to this part for
initial flight training that are capable of being performed in an
airplane simulator without a visual system; and
(ii) A flight check in the simulator or the airplane to the level of
proficiency of a pilot in command or second in command, as applicable,
in at least the maneuvers and procedures set forth in appendix F to this
part that are capable of being performed in an airplane simulator
without a visual system.
(2) With respect to 121.409(d) of this part, training and practice
in at least the maneuvers and procedures set forth in the certificate
holder's approved low-altitude windshear flight training program that
are capable of being performed in an airplane simulator in which the
maneuvers and procedures are specifically authorized.
(Amdt. 121-55, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-199,
53 FR 37697, Sept. 27, 1988)
14 CFR 121.425 Flight engineers: Initial and transition flight
training.
(a) Initial and transition flight training for flight engineers must
include at least the following:
(1) Training and practice in procedures related to the carrying out
of flight engineer duties and functions. This training and practice may
be accomplished either inflight, in an airplane simulator, or in a
training device.
(2) A flight check that includes --
(i) Preflight inspection;
(ii) Inflight performance of assigned duties accomplished from the
flight engineer station during taxi, runup, takeoff, climb, cruise,
descent, approach, and landing;
(iii) Accomplishment of other functions, such as fuel management and
preparation of fuel consumption records, and normal and emergency or
alternate operation of all airplane flight systems, performed either
inflight, in an airplane simulator, or in a training device.
Flight engineers possessing a commercial pilot certificate with an
instrument, category and class rating, or pilots already qualified as
second in command and reverting to flight engineer, may complete the
entire flight check in an approved airplane simulator.
(b) Except as permitted in paragraph (c) of this section, the initial
flight training required by paragraph (a) of this section must include
at least the same number of programmed hours of flight training and
practice that are specified for a second in command pilot under
121.424(c) unless reduced under 121.405.
(c) If the certificate holder's approved training program includes a
course of training utilizing an airplane simulator or other training
device under 121.409(c), each flight engineer must successfully
complete in the simulator or other training device --
(1) Training and practice in at least all of the assigned duties,
procedures, and functions required by paragraph (a) of this section;
and
(2) A flight check to a flight engineer level of proficiency in the
assigned duties, procedures, and functions.
(Doc. No. Amdt. 121-55, 35 FR 90, Jan. 3, 1970, as amended by Amdt.
121-144, 43 FR 22647, May 25, 1978)
14 CFR 121.426 Flight navigators: Initial and transition flight
training.
(a) Initial and transition flight training for flight navigators must
include flight training and a flight check that are adequate to insure
his proficiency in the performance of his assigned duties.
(b) The flight training and checks specified in paragraph (a) of this
section must be performed --
(1) Inflight or in an appropriate training device; or
(2) In operations under this part if performed under supervision of a
qualified flight navigator.
14 CFR 121.427 Recurrent training.
(a) Recurrent training must ensure that each crew member or
dispatcher is adequately trained and currently proficient with respect
to the type airplane (including differences training, if applicable) and
crewmember position involved.
(b) Recurrent ground training for crewmembers and dispatchers must
include at least the following:
(1) A quiz or other review to determine the state of the crewmember's
or dispatcher's knowledge with respect to the airplane and position
involved.
(2) Instruction as necessary in the subjects required for initial
ground training by 121.415(a), as appropriate, including emergency
training (not required for aircraft dispatchers).
(3) For flight attendants and dispatchers, a competence check as
required by 121.421(b) and 121.422(b), respectively.
(c) Recurrent ground training for crewmembers and dispatchers must
consist of at least the following programmed hours unless reduced under
121.405:
(1) For pilots and flight engineers --
(i) Group I, reciprocating powered airplanes, 16 hours;
(ii) Group I turbopropeller powered airplanes, 20 hours; and
(iii) Group II airplanes, 25 hours.
(2) For flight navigators --
(i) Group I reciprocating powered airplanes, 12 hours;
(ii) Group I turbopropeller powered airplanes, 16 hours; and
(iii) Group II airplanes, 16 hours.
(3) For flight attendants --
(i) Group I reciprocating powered airplanes, 4 hours;
(ii) Group I turbopropeller powered airplanes, 5 hours; and
(iii) Group II airplanes, 12 hours.
(4) For aircraft dispatchers --
(i) Group I reciprocating powered airplanes, 8 hours;
(ii) Group I turbopropeller powered airplanes, 10 hours; and
(iii) Group II airplanes, 20 hours.
(d) Recurrent flight training for flight crewmembers must include at
least the following:
(1) For pilots, flight training in an approved simulator in maneuvers
and procedures set forth in the certificate holder's approved
low-altitude windshear flight training program and flight training in
maneuvers and procedures set forth in appendix F to this part, or in a
flight training program approved by the Administrator, except as follows
--
(i) The number of programmed inflight hours is not specified; and
(ii) Satisfactory completion of a proficiency check may be
substituted for recurrent flight training as permitted in 121.433(c).
(2) For flight engineers, flight training as provided by 121.425(a)
except as follows --
(i) The specified number of inflight hours is not required; and
(ii) The flight check, other than the preflight inspection, may be
conducted in an airplane simulator or other training device. The
preflight inspection may be conducted in an airplane, or by using an
approved pictorial means that realistically portrays the location and
detail or preflight inspection items and provides for the portrayal of
abnormal conditions. Satisfactory completion of an approved
line-oriented simulator training program may be substituted for the
flight check.
(3) For flight navigators, enough inflight training and an inflight
check to insure competency with respect to operating procedures and
navigation equipment to be used and familiarity with essential
navigation information pertaining to the certificate holder's routes
that require a flight navigator.
(Amdt. 121-55, 35 FR 90, Jan. 30, 1970, as amended by Amdt. 121-80,
36 FR 19362, Oct. 5, 1971; Amdt. 121-144, 43 FR 22647, May 25, 1978;
Amdt.121-199, 53 FR 37697, Sept. 27, 1988)
14 CFR 121.429 Prohibited drugs.
(a) Each certificate holder shall provide each employee performing a
function listed in appendix I to this part and his or her supervisor
with the training specified in that appendix.
(b) No certificate holder may use any contractor to perform a
function listed in appendix I to this part unless that contractor
provides each of its employees performing that function for the
certificate holder and his or her supervisor with the training specified
in that appendix.
(Doc. No. 25148, Amdt. 121-200, 53 FR 47057, Nov. 21, 1988)
14 CFR 121.429 Subpart O -- Crewmember Qualifications
14 CFR 121.431 Applicability.
(a) This subpart prescribes crewmember qualifications for all
certificate holders except where otherwise specified.
(b) For the purpose of this subpart, the airplane groups and terms
and definitions prescribed in 121.400 of this part apply.
(Amdt. 121-74, 36 FR 12284, June 30, 1971)
14 CFR 121.432 General.
(a) Except in the case of operating experience under 121.434, a
pilot who serves as second in command of an operation that requires
three or more pilots must be fully qualified to act as pilot in command
of that operation.
(b) No certificate holder may conduct a check or any training in
operations under this part, except for the following checks and training
required by this part or the certificate holder:
(1) Line checks for pilots.
(2) Flight navigator training conducted under the supervision of a
flight navigator flight instructor.
(3) Flight navigator flight checks.
(4) Flight engineer checks (except for emergency procedures), if the
person being checked is qualified and current in accordance with
121.453(a).
(5) Flight attendant training and competence checks.
Except for pilot line checks and flight engineer flight checks, the
person being trained or checked may not be used as a required
crewmember.
(c) For the purposes of this subpart the airplane groups prescribed
in 121.400 apply.
(d) For the purposes of this subpart the terms and definitions in
121.400 apply.
(Amdt. 121-55, 35 FR 95, Jan. 3, 1970, as amended by Amdt. 121-130,
41 FR 47229, Oct. 28, 1976)
14 CFR 121.433 Training required.
(a) Initial training. No certificate holder may use any person nor
may any person serve as a required crewmember on an airplane unless that
person has satisfactorily completed, in a training program approved
under subpart N of this part, initial ground and flight training for
that type airplane and for the particular crewmember position, except as
follows:
(1) Crewmembers who have qualified and served as a crewmember on
another type airplane of the same group may serve in the same crewmember
capacity upon completion of transition training as provided in 121.415.
(2) Crewmembers who have qualified and served as second in command or
flight engineer on a particular type airplane may serve as pilot in
command or second in command, respectively, upon completion of upgrade
training for that airplane as provided in 121.415.
(b) Differences training. No certificate holder may use any person
nor may any person serve as a required crewmember on an airplane of a
type for which differences training is included in the certificate
holder's approved training program unless that person has satisfactorily
completed, with respect to both the crewmember position and the
particular variation of the airplane in which he serves, either initial
or transition ground and flight training, or differences training, as
provided in 121.415.
(c) Recurrent training. (1) No certificate holder may use any person
nor may any person serve as a required crewmember on an airplane unless,
within the preceding 12 calendar months --
(i) For flight crewmembers, he has satisfactorily completed recurrent
ground and flight training for that airplane and crewmember position and
a flight check as applicable;
(ii) For flight attendants and dispatchers, he has satisfactorily
completed recurrent ground training and a competence check; and
(iii) In addition, for pilots in command he has satisfactorily
completed, within the preceding 6 calendar months, recurrent flight
training in addition to the recurrent flight training required in
paragraph (c)(1)(i) of this section, in an airplane in which he serves
as pilot in command in operations under this part.
(2) For pilots, a proficiency check as provided in 121.441 of this
part may be substituted for the recurrent flight training required by
this paragraph and the approved simulator course of training under
121.409(b) of this part may be substituted for alternate periods of
recurrent flight training required in that airplane, except as provided
in paragraphs (d) and (e) of this section.
(d) For each airplane in which a pilot serves as pilot in command, he
must satisfactorily complete either recurrent flight training or a
proficiency check within the preceding 12 calendar months.
(e) Notwithstanding paragraphs (c)(2) and (d) of this section, a
proficiency check as provided in 121.441 of this part may not be
substituted for training in those maneuvers and procedures set forth in
a certificate holder's approved low-altitude windshear flight training
program when that program is included in a recurrent flight training
course as required by 121.409(d) of this part.
(Amdt. 121-55, 35 FR 95, Jan. 3, 1970, as amended by Amdt. 121-91, 37
FR 10729, May 27, 1972; Amdt. 121-199, 53 FR 37697, Sept. 27, 1988)
14 CFR 121.433a Training requirements: Handling and carriage of
dangerous articles and magnetized materials.
(a) No certificate holder may use any person to perform and no person
may perform, any assigned duties and responsibilities for the handling
or carriage of dangerous articles and magnetized materials governed by
Title 49 CFR, unless within the preceding 12 calendar months that person
has satisfactorily completed training in a program established and
approved under this subpart which includes instructions regarding the
proper packaging, marking, labeling, and documentation of dangerous
articles and magnetized materials, as required by Title 49 CFR and
instructions regarding their compatibility, loading, storage, and
handling characteristics. A person who satisfactorily completes
training in the calendar month before, or the calendar month after, the
month in which it becomes due, is considered to have taken that training
during the month it became due.
(b) Each certificate holder shall maintain a record of the
satisfactory completion of the initial and recurrent training given to
crewmembers and ground personnel who perform assigned duties and
responsibilities for the handling and carriage of dangerous articles and
magnetized materials.
(c) A certificate holder operating in a foreign country where the
loading and unloading of aircraft must be performed by personnel of the
foreign country, may use personnel not meeting the requirements of
paragraphs (a) and (b) of this section if they are supervised by a
person qualified under paragraphs (a) and (b) of this section to
supervise the loading, offloading and handling of hazardous materials.
(Doc. No. 12124, Amdt. 121-104, 38 FR 14915, June 7, 1973, as amended
by Amdt. 121-144, 43 FR 22647, May 25, 1978)
14 CFR 121.434 Operating experience.
(a) No certificate holder may use a person nor may any person serve
as a required crewmember on an airplane unless he has completed, on that
type airplane and in that crewmember position, the operating experience
required by this section, except as follows:
(1) Crewmembers other than pilots in command may serve as provided
herein for the purpose of meeting the requirements of this section.
(2) Pilots who are meeting the pilot in command requirements may
serve as second in command.
(b) In acquiring the operating experience, crewmembers must comply
with the following:
(1) In the case of a flight crewmember, he must hold the appropriate
certificates and ratings for the crewmember position and the airplane,
except that a pilot who is meeting the pilot in command requirements
must hold the appropriate certificates and ratings for a pilot in
command in the airplane.
(2) The experience must be acquired after satisfactory completion of
the appropriate ground and flight training for the airplane and
crewmember position.
(3) The experience must be acquired in flight during operations under
this part. However, in the case of an aircraft not previously used by
the certificate holder in operations under this part, operating
experience acquired in the aircraft during proving flights or ferry
flights may be used to meet this requirement.
However, separate operating experience is not required for variations
within the same type airplane.
(c) Pilot crewmembers must acquire operating experience as follows:
(1) A pilot in command must --
(i) Perform the duties of a pilot in command under the supervision of
a check pilot; and
(ii) In addition, if the certificate holder's approved training
program includes a course of training in an airplane simulator under
121.409(c) and a qualifying pilot in command is completing initial or
upgrade training specified in 121.424, be observed in the performance
of prescribed duties by an FAA inspector during at least one flight leg
which includes a takeoff and landing. During the time that a qualifying
pilot in command is acquiring the operating experience in paragraphs
(c)(l) (i) and (ii) of this section, a check pilot who is also serving
as the pilot in command must occupy a pilot station. However, in the
case of a transitioning pilot in command the check pilot serving as
pilot in command may occupy the observer's seat, if the transitioning
pilot has made at least two takeoffs and landings in the type airplane
used, and has satisfactorily demonstrated to the check pilot that he is
qualified to perform the duties of a pilot in command of that type of
airplane.
(2) A second in command pilot must perform the duties of a second in
command under the supervision of a check pilot or observe the
performance of those duties on the flight deck.
(3) The hours of operating experience for all pilots are as follows:
(i) For initial training, 15 hours in Group I reciprocating powered
airplanes, 20 hours in Group I turbopropeller powered airplanes, and 25
hours in Group II airplanes;
(ii) For transition training, except as provided in paragraph
(c)(3)(iii) of this section, 10 hours in Group I reciprocating powered
airplanes, 12 hours in Group I turbopropeller powered airplanes, and 15
hours in Group II airplanes; and
(iii) In the case of transition training where the certificate
holder's approved training program includes a course of training in an
airplane simulator under 121.409(c), each pilot in command must comply
with the requirements prescribed in paragraph (c)(3)(i) of this section
for initial training.
(d) A flight engineer must perform the duties of a flight engineer
under the supervision of a check airman or a qualified flight engineer
for at least the following number of hours:
(1) Group I reciprocating powered airplanes, 8 hours.
(2) Group I turbopropeller powered airplanes, 10 hours.
(3) Group II airplanes, 12 hours.
(e) A flight attendant must, for at least 5 hours, perform the
assigned duties of a flight attendant under the supervision of a flight
attendant supervisor qualified under this part who personally observes
the performance of these duties. However, operating experience is not
required for a flight attendant who has previously acquired such
experience on any large passenger carrying airplane of the same group,
if the certificate holder shows that the flight attendant has received
sufficient ground training for the airplane in which the flight
attendant is to serve. Flight attendants receiving operating experience
may not be assigned as a required crewmember. Flight attendants who
have satisfactorily completed training time acquired in an approved
training program conducted in a full-scale (except for length) cabin
training device of the type airplane in which they are to serve may
substitute this time for 50 percent of the hours required by this
paragraph.
(f) The hours of operating experience for flight crewmembers may be
reduced to 50 percent of the hours required by this section by the
substitution of one additional takeoff and landing for each hour of
flight.
Notwithstanding the reductions in programmed hours permitted under
121.405 and 121.409 of subpart N of this part, the hours of operating
experience for flight crewmembers are not subject to reduction other
than as provided in paragraphs (e) and (f) of this section.
(Amdt. 121-55, 35 FR 95, Jan. 3, 1970, as amended by Amdt. 121-74, 36
FR 12284, June 30, 1971; Amdt. 121-91, 37 FR 10729, May 27, 1972;
Amdt. 121-140, 43 FR 9599, Mar. 9, 1978; Amdt. 121-144, 43 FR 22647,
May 25, 1978; Amdt. 121-159, 45 FR 41593, June 19, 1980)
14 CFR 121.435 Helicopter operations: Supplemental air carriers and
commercial operators.
No supplemental air carrier or commercial operator may use a flight
crewmember, and none of its flight crewmembers may perform duties under
his airman certificate in helicopter operations, unless that flight
crewmember meets the requirements of 127.151 or 127.161 and 127.175
and 127.177.
(Doc. No. 6258, 29 FR 19215, Dec. 31, 1964)
14 CFR 121.437 Pilot qualification: Certificates required.
(a) No pilot may act as pilot in command of an aircraft (or as second
in command of an aircraft in a flag or supplemental air carrier or
commercial operator operation that requires three or more pilots) unless
he holds an airline transport pilot certificate and an appropriate type
rating for that aircraft.
(b) Each pilot who acts as a pilot in a capacity other than those
specified in paragraph (a) of this section must hold at least a
commercial pilot certificate and an instrument rating.
(c) After July 1, 1980, no certificate holder may use nor may any
pilot act as a pilot in a capacity other than those specified in
paragraph (a) of this section unless the pilot holds at least a
commercial pilot certificate with appropriate category and class ratings
for the aircraft concerned, and an instrument rating. Notwithstanding
the requirements of 61.63 (b) and (c), until July 1, 1980, a pilot who
is currently employed by a certificate holder and meets applicable
training requirements of subpart O, and the proficiency check
requirements of 121.441 of this part, may be issued the appropriate
category and class ratings by presenting proof of compliance with those
requirements to a Flight Standards District Office.
(Doc. No. 6258, 29 FR 19215, Dec. 31, 1964, as amended by Amdt.
121-148, 43 FR 46235, Oct. 5, 1978; 44 FR 25202, Apr. 30, 1979; Amdt.
121-207, 54 FR 39293, Sept. 25, 1989)
14 CFR 121.439 Pilot qualification: Recent experience.
(a) No certificate holder may use any person nor may any person serve
as a required pilot flight crewmember, unless within the preceding 90
days, that person has made at least three takeoffs and landings in the
type airplane in which that person is to serve. The takeoffs and
landings required by this paragraph may be performed in a visual
simulator approved under 121.407 to include takeoff and landing
maneuvers. In addition, any person who fails to make the three required
takeoffs and landings within any consecutive 90-day period must
reestablish recency of experience as provided in paragraph (b) of this
section.
(b) In addition to meeting all applicable training and checking
requirements of this part, a required pilot flight crewmember who has
not met the requirements of paragraph (a) of this section must
reestablish recency of experience as follows:
(1) Under the supervision of a check airman, make at least three
takeoffs and landings in the type airplane in which that person is to
serve or in an advanced simulator or visual simulator. When a visual
simulator is used, the requirements of paragraph (c) of this section
must be met.
(2) The takeoffs and landings required in paragraph (b)(1) of this
section must include --
(i) At least one takeoff with a simulated failure of the most
critical powerplant;
(ii) At least one landing from an ILS approach to the lowest ILS
minimum authorized for the certificate holder; and
(iii) At least one landing to a full stop.
(c) A required pilot flight crewmember who performs the manuvers
prescribed in paragraph (b) of this section in a visual simulator must
--
(1) Have previously logged 100 hours of flight time in the same type
airplane in which he is to serve;
(2) Be observed on the first two landings made in operations under
this part by an approved check airman who acts as pilot in command and
occupies a pilot seat. The landings must be made in weather minimums
that are not less than those contained in the certificate holder's
operations specifications for Category I Operations, and must be made
within 45 days following completion of simulator training.
(d) When using a simulator to accomplish any of the requirements of
paragraph (a) or (b) of this section, each required flight crewmember
position must be occupied by an appropriately qualified person and the
simulator must be operated as if in a normal in-flight environment
without use of the repositioning features of the simulator.
(e) A check airman who observes the takeoffs and landings prescribed
in paragraphs (b)(1) and (c) of this section shall certify that the
person being observed is proficient and qualified to perform flight duty
in operations under this part and may require any additional maneuvers
that are determined necessary to make this certifying statement.
(Amdt. 121-144, 43 FR 22648, May 25, 1978, as amended by Amdt.
121-148, 43 FR 46235, Oct. 5, 1978; Amdt. 121-179, 47 FR 33390, Aug.
2, 1982)
14 CFR 121.440 Line checks.
(a) No certificate holder may use any person nor may any person serve
as pilot in command of an airplane unless, within the preceding 12
calendar months, that person has passed a line check in which he
satisfactorily performs the duties and responsibilities of a pilot in
command in one of the types of airplanes he is to fly.
(b) A pilot in command line check for domestic and flag air carrier
pilots must --
(1) Be given by a pilot check airman who is currently qualified on
both the route and the airplane; and
(2) Consist of at least one flight over a typical part of the air
carrier's route, or over a foreign or Federal airway, or over a direct
route.
(c) A pilot in command line check for supplemental air carriers and
commercial operators must --
(1) Be given by a pilot check airman who is currently qualified on
the airplane; and
(2) Consist of at least one flight over a part of a Federal airway,
foreign airway, or advisory route over which the pilot may be assigned.
(Amdt. 121-55, 35 FR 96, Jan. 3, 1970, as amended by Amdt. 121-143,
43 FR 22642, May 25, 1978)
14 CFR 121.441 Proficiency checks.
(a) No certificate holder may use any person nor may any person serve
as a required pilot flight crewmember unless that person has
satisfactorily completed either a proficiency check, or an approved
simulator course of training under 121.409, as follows:
(1) For a pilot in command, a proficiency check within the preceding
12 calendar months and, in addition, within the preceding 6 calendar
months, either a proficiency check or the simulator training.
(2) For all other pilots --
(i) Within the preceding 24 calendar months either a proficiency
check or the line-oriented simulator training course under 121.409;
and
(ii) Within the preceding 12 calendar months, either a proficiency
check or any simulator training course under 121.409.
The satisfactory completion of a type rating flight check under
61.157 of this chapter satisfies the requirement for a proficiency
check.
(b) Except as provided in paragraphs (c) and (d) of this section, a
proficiency check must meet the following requirements:
(1) It must include at least the procedures and maneuvers set forth
in appendix F to this part unless otherwise specifically provided in
that appendix.
(2) It must be given by the Administrator or a pilot check airman.
(c) An approved airplane simulator or other appropriate training
device may be used in the conduct of a proficiency check as provided in
appendix F to this part.
(d) A person giving a proficiency check may, in his discretion, waive
any of the maneuvers or procedures for which a specific waiver authority
is set forth in appendix F to this part if --
(1) The Administrator has not specifically required the particular
maneuver or procedure to be performed;
(2) The pilot being checked is, at the time of the check, employed by
a certificate holder as a pilot; and
(3) The pilot being checked is currently qualified for operations
under this part in the particular type airplane and flight crewmember
position or has, within the preceding six calendar months,
satisfactorily completed an approved training program for the particular
type airplane.
(e) If the pilot being checked fails any of the required maneuvers,
the person giving the proficiency check may give additional training to
the pilot during the course of the proficiency check. In addition to
repeating the maneuvers failed, the person giving the proficiency check
may require the pilot being checked to repeat any other maneuvers he
finds are necessary to determine the pilot's proficiency. If the pilot
being checked is unable to demonstrate satisfactory performance to the
person conducting the check, the certificate holder may not use him nor
may he serve in operations under this part until he has satisfactorily
completed a proficiency check.
However, the entire proficiency check (other than the initial
second-in-command proficiency check) required by this section may be
conducted in an approved visual simulator if the pilot being checked
accomplishes at least two landings in the appropriate airplane during a
line check or other check conducted by a pilot check airman (a
pilot-in-command may observe and certify the satisfactory accomplishment
of these landings by a second-in-command). If a pilot proficiency check
is conducted in accordance with this paragraph, the next required
proficiency check for that pilot must be conducted in the same manner,
or in accordance with appendix F of this part, or a course of training
in an airplane visual simulator under 121.409 may be substituted
therefor.
(Amdt. 121-55, 35 FR 96, Jan. 3, 1970, as amended by Amdt. 121-103,
38 FR 12203, May 10, 1973, Amdt. 121-108, 38 FR 35446, Dec. 28, 1973;
Amdt. 121-144, 43 FR 22648, May 25, 1978)
14 CFR 121.443 Pilot in command qualification: Route and airports.
(a) Each certificate holder shall provide a system acceptable to the
Administrator for disseminating the information required by paragraph
(b) of this section to the pilot in command and appropriate flight
operation personnel. The system must also provide an acceptable means
for showing compliance with 121.445.
(b) No certificate holder may use any person, nor may any person
serve, as pilot in command unless the certificate holder has provided
that person current information concerning the following subjects
pertinent to the areas over which that person is to serve, and to each
airport and terminal area into which that person is to operate, and
ensures that that person has adequate knowledge of, and the ability to
use, the information:
(1) Weather characteristics appropriate to the season.
(2) Navigation facilities.
(3) Communication procedures, including airport visual aids.
(4) Kinds of terrain and obstructions.
(5) Minimum safe flight levels.
(6) En route and terminal area arrival and departure procedures,
holding procedures and authorized instrument approach procedures for the
airports involved.
(7) Congested areas and physical layout of each airport in the
terminal area in which the pilot will operate.
(8) Notices to Airmen.
(Doc. No. 17897, 45 FR 41594, June 19, 1980; Amdt. 121-159, 45 FR
43154, June 26, 1980)
14 CFR 121.445 Pilot in command airport qualification: Special areas
and airports.
(a) The Administrator may determine that certain airports (due to
items such as surrounding terrain, obstructions, or complex approach or
departure procedures) are special airports requiring special airport
qualifications and that certain areas or routes, or both, require a
special type of navigation qualification.
(b) Except as provided in paragraph (c) of this section, no
certificate holder may use any person, nor may any person serve, as
pilot in command to or from an airport determined to require special
airport qualifications unless, within the preceding 12 calendar months:
(1) The pilot in command or second in command has made an entry to
that airport (including a takeoff and landing) while serving as a pilot
flight crewmember; or
(2) The pilot in command has qualified by using pictorial means
acceptable to the Administrator for that airport.
(c) Paragraph (b) of this section does not apply when an entry to
that airport (including a takeoff or a landing) is being made if the
ceiling at that airport is at least 1,000 feet above the lowest MEA or
MOCA, or initial approach altitude prescribed for the instrument
approach procedure for that airport, and the visibility at that airport
is at least 3 miles.
(d) No certificate holder may use any person, nor may any person
serve, as pilot in command between terminals over a route or area that
requires a special type of navigation qualification unless, within the
preceding 12 calendar months, that person has demonstrated qualification
on the applicable navigation system in a manner acceptable to the
Administrator, by one of the following methods:
(1) By flying over a route or area as pilot in command using the
applicable special type of navigation system.
(2) By flying over a route or area as pilot in command under the
supervision of a check airman using the special type of navigation
system.
(3) By completing the training program requirements of appendix G of
this part.
(Doc. No. 17897, 45 FR 41594, June 19, 1980)
121.447 (Reserved)
14 CFR 121.453 Flight engineer qualifications.
(a) No certificate holder may use any person nor may any person serve
as a flight engineer on an airplane unless, within the preceding 6
calendar months, he has had at least 50 hours of flight time as a flight
engineer on that type airplane or the certificate holder or the
Administrator has checked him on that type airplane and determined that
he is familiar and competent with all essential current information and
operating procedures.
(b) A flight check given in accordance with 121.425(a)(2) satisfies
the requirements of paragraph (a) of this section.
(Amdt. 121-55, 35 FR 96, Jan. 3, 1970)
14 CFR 121.455 Use of prohibited drugs.
(a) This section applies to persons who perform a function listed in
appendix I to this part for the certificate holder. For the purpose of
this section, a person who performs such a function pursuant to a
contract with the certificate holder is considered to be performing that
function for the certificate holder.
(b) No certificate holder may knowingly use any person to perform,
nor may any person perform for a certificate holder, either directly or
by contract, any function listed in appendix I to this part while that
person has a prohibited drug, as defined in that appendix, in his or her
system.
(c) Except as provided in paragraph (d) of this section, no
certificate holder may knowingly use any person to perform, nor may any
person perform for a certificate holder, either directly or by contract,
any function listed in appendix I to this part if that person failed a
test or refused to submit to a test required by that appendix given by a
certificate holder or an operator as defined in 135.1(c) of this
chapter.
(d) Paragraph (c) of this section does not apply to a person who has
received a recommendation to be hired or to return to duty from a
medical review officer in accordance with appendix I to part 121 of this
chapter or who has received a special issuance medical certificate after
evaluation by the Federal Air Surgeon for drug dependency in accordance
with part 67 of this chapter.
(Doc. No. 25148, Amdt. 121-200, 53 FR 47057, Nov. 21, 1988)
14 CFR 121.457 Testing for prohibited drugs.
(a) Each certificate holder shall test each of its employees who
performs a function listed in appendix I to this part in accordance with
that appendix.
(b) No certificate holder may use any contractor to perform a
function listed in appendix I to this part unless that contractor tests
each employee performing such a function for the certificate holder in
accordance with that appendix.
(Doc. No. 25148, Amdt. 121-200, 53 FR 47057, Nov. 21, 1988)
14 CFR 121.457 Subpart P -- Aircraft Dispatcher Qualifications and Duty Time Limitations: Domestic and Flag Air Carriers
14 CFR 121.461 Applicability.
This subpart prescribes the qualifications and duty time limitations
for aircraft dispatchers for domestic and flag air carriers.
(Doc. No. 6258, 29 FR 19216, Dec. 31, 1964; Amdt. 121-3, 30 FR 3639,
Mar. 19, 1965)
14 CFR 121.463 Aircraft dispatcher qualifications.
(a) No domestic or flag air carrier may use any person, nor may any
person serve, as an aircraft dispatcher for a particular airplane group
unless that person has, with respect to an airplane of that group,
satisfactorily completed the following:
(1) Initial dispatcher training, except that a person who has
satisfactorily completed such training for another type airplane of the
same group need only complete the appropriate transition training.
(2) Operating familiarization consisting of at least 5 hours
observing from the flight deck operations under this part, except that a
person may serve as an aircraft dispatcher without meeting this
requirement for 90 days after initial introduction of the airplane into
operations under this part. This requirement may be reduced to a
minimum of 2 1/2 hours by the substitution of one additional takeoff and
landing for an hour of flight.
(b) No domestic or flag air carrier may use any person, nor may any
person serve, as an aircraft dispatcher for a particular type airplane
unless that person has, with respect to that airplane, satisfactorily
completed differences training, if applicable.
(c) No domestic or flag air carrier may use any person, nor may any
person serve, as an aircraft dispatcher unless within the preceding 12
calendar months he has satisfactorily completed operating
familiarization consisting of at least 5 hours observing from the flight
deck operations under this part in one of the types of airplanes in each
group he is to dispatch. This requirement may be reduced to a minimum
of 2 1/2 hours by the substitution of one additional takeoff and landing
for an hour of flight. This requirement may be satisfied by observation
of 5 hours of simulator training for each airplane group in one of the
simulators approved under 121.407 for the group. However, if this
requirement is met by the use of a simulator, no reduction in hours is
permitted.
(d) No domestic or flag air carrier may use any person, nor may any
person serve as an aircraft dispatcher to dispatch airplanes in
operations under this part unless the air carrier has determined that he
is familiar with all essential operating procedures for that segment of
the operation over which he exercises dispatch jurisdiction. However, a
dispatcher who is qualified to dispatch airplanes through one segment of
an operation may dispatch airplanes through other segments of the
operation after coordinating with dispatchers who are qualified to
dispach airplanes through those other segments.
(e) For the purposes of this section, the airplane groups, terms, and
definitions in 121.400 apply.
(Amdt. 121-87, 37 FR 5607, Mar. 17, 1972)
14 CFR 121.465 Duty time limitations: Domestic and flag air carriers.
(a) Each domestic and flag air carrier shall establish the daily duty
period for a dispatcher so that it begins at a time that allows him to
become thoroughly familiar with existing and anticipated weather
conditions along the route before he dispatches any airplane. He shall
remain on duty until each airplane dispatched by him has completed its
flight, or has gone beyond his jurisdiction, or until he is relieved by
another qualified dispatcher.
(b) Except in cases where circumstances or emergency conditions
beyond the control of the air carrier require otherwise --
(1) No domestic or flag air carrier may schedule a dispatcher for
more than 10 consecutive hours of duty;
(2) If a dispatcher is scheduled for more than 10 hours of duty in 24
consecutive hours, the carrier shall provide him a rest period of at
least eight hours at or before the end of 10 hours of duty.
(3) Each dispatcher must be relieved of all duty with the air carrier
for at least 24 consecutive hours during any seven consecutive days or
the equivalent thereof within any calendar month.
(c) Notwithstanding paragraphs (a) and (b) of this section, a flag
air carrier may, if authorized by the Administrator, schedule an
aircraft dispatcher at a duty station outside of the 48 contiguous
States and the District of Columbia, for more than 10 consecutive hours
of duty in a 24-hour period if that aircraft dispatcher is relieved of
all duty with the carrier for at least eight hours during each 24-hour
period.
(Doc. No. 6258, 29 FR 19216, Dec. 31, 1964; Amdt. 121-3, 30 FR 3639,
Mar. 19, 1965)
14 CFR 121.465 Subpart Q -- Flight Time Limitations and Rest
Requirements: Domestic Air Carriers
Source: Docket No. 23634, 50 FR 29319, July 18, 1985.
14 CFR 121.470 Applicability.
This subpart prescribes flight time limitations and rest requirements
for domestic air carriers.
14 CFR 121.471 Flight time limitations and rest requirements: All
flight crewmembers.
(a) No domestic air carrier may schedule any flight crewmember and no
flight crewmember may accept an assignment for flight time in scheduled
air transportation or in other commercial flying if that crewmember's
total flight time in all commercial flying will exceed --
(1) 1,000 hours in any calendar year;
(2) 100 hours in any calendar month;
(3) 30 hours in any 7 consecutive days;
(4) 8 hours between required rest periods.
(b) Except as provided in paragraph (c) of this section, no domestic
air carrier may schedule a flight crewmember and no flight crewmember
may accept an assignment for flight time during the 24 consecutive hours
preceding the scheduled completion of any flight segment without a
scheduled rest period during that 24 hours of at least the following:
(1) 9 consecutive hours of rest for less than 8 hours of scheduled
flight time.
(2) 10 consecutive hours of rest for 8 or more but less than 9 hours
of scheduled flight time.
(3) 11 consecutive hours of rest for 9 or more hours of scheduled
flight time.
(c) An air carrier may schedule a flight crewmember for less than the
rest required in paragraph (b) of this section or may reduce a scheduled
rest under the following conditions:
(1) A rest required under paragraph (b)(1) of this section may be
scheduled for or reduced to a minimum of 8 hours if the flight
crewmember is given a rest period of at least 10 hours that must begin
no later than 24 hours after the commencement of the reduced rest
period.
(2) A rest required under paragraph (b)(2) of this section may be
scheduled for or reduced to a minimum of 8 hours if the flight
crewmember is given a rest period of at least 11 hours that must begin
no later than 24 hours after the commencement of the reduced rest
period.
(3) A rest required under paragraph (b)(3) of this section may be
scheduled for or reduced to a minimum of 9 hours if the flight
crewmember is given a rest period of at least 12 hours that must begin
no later than 24 hours after the commencement of the reduced rest
period.
(4) No air carrier may assign, nor may any flight crewmember perform
any flight time with the air carrier unless the flight crewmember has
had at least the minimum rest required under this paragraph.
(d) Each domestic air carrier shall relieve each flight crewmember
engaged in scheduled air transportation from all further duty for at
least 24 consecutive hours during any 7 consecutive days.
(e) No domestic air carrier may assign any flight crewmember and no
flight crewmember may accept assignment to any duty with the air carrier
during any required rest period.
(f) Time spent in transportation, not local in character, that an air
carrier requires of a flight crewmember and provides to transport the
crewmember to an airport at which he is to serve on a flight as a
crewmember, or from an airport at which he was relieved from duty to
return to his home station, is not considered part of a rest period.
(g) A flight crewmember is not considered to be scheduled for flight
time in excess of flight time limitations if the flights to which he is
assigned are scheduled and normally terminate within the limitations,
but due to circumstances beyond the control of the air carrier (such as
adverse weather conditions), are not at the time of departure expected
to reach their destination within the scheduled time.
14 CFR 121.471 Subpart R -- Flight Time Limitations: Flag Air Carriers
Source: Docket No. 6258, 29 FR 19217, Dec. 31, 1964; Amdt.
121-3, 30 FR 3639, Mar. 19, 1965, unless otherwise noted.
14 CFR 121.480 Applicability.
This subpart prescribes flight time limitations for flag air
carriers.
14 CFR 121.481 Flight time limitations: One or two pilot crews.
(a) A flag air carrier may schedule a pilot to fly in an airplane
that has a crew of one or two pilots for eight hours or less during any
24 consecutive hours without a rest period during these eight hours.
(b) If a flag air carrier schedules a pilot to fly more than eight
hours during any 24 consecutive hours, it shall give him an intervening
rest period, at or before the end of eight scheduled hours of flight
duty. This rest period must be at least twice the number of hours flown
since the preceding rest period, but not less than eight hours. The air
carrier shall relieve that pilot of all duty with it during that rest
period.
(c) Each pilot who has flown more than eight hours during 24
consecutive hours must be given at least 18 hours of rest before being
assigned to any duty with the air carrier.
(d) No pilot may fly more than 32 hours during any seven consecutive
days, and each pilot must be relieved from all duty for at least 24
consecutive hours at least once during any seven consecutive days.
(e) No pilot may fly as a member of a crew more than 100 hours during
any one calendar month.
(f) No pilot may fly as a member of a crew more than 1,000 hours
during any 12-calendar-month period.
14 CFR 121.483 Flight time limitations: Two pilots and one additional
flight crewmember.
(a) No flag air carrier may schedule a pilot to fly, in an airplane
that has a crew of two pilots and at least one additional flight
crewmember, for a total of more than 12 hours during any 24 consecutive
hours.
(b) If a pilot has flown 20 or more hours during any 48 consecutive
hours or 24 or more hours during any 72 consecutive hours, he must be
given at least 18 hours of rest before being assigned to any duty with
the air carrier. In any case, he must be given at least 24 consecutive
hours of rest during any seven consecutive days.
(c) No pilot may fly as a flight crewmember more than --
(1) 120 hours during any 30 consecutive days;
(2) 300 hours during any 90 consecutive days; or
(3) 1,000 hours during any 12-calendar-month period.
14 CFR 121.485 Flight time limitations: Three or more pilots and an
additional flight crewmember.
(a) Each flag air carrier shall schedule its flight hours to provide
adequate rest periods on the ground for each pilot who is away from his
base and who is a pilot on an airplane that has a crew of three or more
pilots and an additional flight crewmember. It shall also provide
adequate sleeping quarters on the airplane whenever a pilot is scheduled
to fly more than 12 hours during any 24 consecutive hours.
(b) The flag air carrier shall give each pilot, upon return to his
base from any flight or series of flights, a rest period that is at
least twice the total number of hours he flew since the last rest period
at his base. During the rest period required by this paragraph, the air
carrier may not require him to perform any duty for it. If the required
rest period is more than seven days, that part of the rest period in
excess of seven days may be given at any time before the pilot is again
scheduled for flight duty on any route.
(c) No pilot may fly as a flight crewmember more than --
(1) 350 hours during any 90 consecutive days; or
(2) 1,000 hours during any 12-calendar-month period.
14 CFR 121.487 Flight time limitations: Pilots not regularly assigned.
(a) Except as provided in paragraphs (b) through (e) of this section,
a pilot who is not regularly assigned as a flight crewmember for an
entire calendar month under 121.483 or 121.485 may not fly more than
100 hours in any 30 consecutive days.
(b) The monthly flight time limitations for a pilot who is scheduled
for duty aloft for more than 20 hours in two-pilot crews in any calendar
month, or whose assignment in such a crew is interrupted more than once
in that calendar month by assignment to a crew consisting of two or more
pilots and an additional flight crewmember, are those set forth in
121.481.
(c) Except for a pilot covered by paragraph (b) of this section, the
monthly and quarterly flight time limitations for a pilot who is
scheduled for duty aloft for more than 20 hours in two-pilot and
additional flight crewmember crews in any calendar month, or whose
assignment in such a crew is interrupted more than once in that calendar
month by assignment to a crew consisting of three pilots and additional
flight crewmember, are those set forth in 121.483.
(d) The quarterly flight time limitations for a pilot to whom
paragraphs (b) and (c) of this section do not apply and who is scheduled
for duty aloft for a total of not more than 20 hours within any calendar
month in two-pilot crews (with or without additional flight crewmembers)
are those set forth in 121.485.
(e) The monthly and quarterly flight time limitations for a pilot
assigned to each of two-pilot, two-pilot and additional flight
crewmember, and three-pilot and additional flight crewmember crews in a
given calendar month, and who is not subject to paragraph (b), (c), or
(d) of this section, are those set forth in 121.483.
(Doc. No. 6258, 29 FR 19217, Dec. 31, 1964; Amdt. 121-3, 30 FR 3639,
Mar. 19, 1965; as amended by Amdt. 121-137, 42 FR 43973, Sept. 1,
1977)
14 CFR 121.489 Flight time limitations: Other commercial flying.
No pilot that is employed as a pilot by a flag air carrier may do any
other commercial flying if that commercial flying plus his flying in air
transportation will exceed any flight time limitation in this part.
14 CFR 121.491 Flight time limitations: Deadhead transportation.
Time spent in deadhead transportation to or from duty assignment is
not considered to be a part of a rest period.
14 CFR 121.493 Flight time limitations: Flight engineers and flight
navigators.
(a) In any operation in which one flight engineer or flight navigator
is required, the flight time limitations in 121.483 apply to that
flight engineer or flight navigator.
(b) In any operation in which more than one flight engineer or flight
navigator is required, the flight time limitations in 121.485 apply to
those flight engineers or flight navigators.
14 CFR 121.493 Subpart S -- Flight Time Limitations: Supplemental Air
Carriers and Commercial Operators
Source: Docket No. 6258, 29 FR 19218, Dec. 31, 1964; Amdt.
121-3, 30 FR 3639, Mar. 19, 1965, unless otherwise noted.
14 CFR 121.500 Applicability.
This subpart prescribes flight time limitations for supplemental air
carriers and commercial operators.
14 CFR 121.501 Flight time limitations: Helicopters.
No supplemental air carrier or commercial operator may schedule a
flight crewmember for duty aloft in helicopter operations subject to
this part, or in any other commercial flying, that would exceed the
flight time limitations prescribed in 127.191.
14 CFR 121.503 Flight time limitations: Pilots: airplanes.
(a) A supplemental air carrier or commercial operator may schedule a
pilot to fly in an airplane for eight hours or less during any 24
consecutive hours without a rest period during those eight hours.
(b) Each pilot who has flown more than eight hours during any 24
consecutive hours must be given at least 16 hours of rest before being
assigned to any duty with the air carrier or commercial operator.
(c) Each supplemental air carrier and commercial operator shall
relieve each pilot from all duty for at least 24 consecutive hours at
least once during any seven consecutive days.
(d) No pilot may fly as a crewmember in air carrier service more than
100 hours during any 30 consecutive days.
(e) No pilot may fly as a crewmember in air carrier service more than
1,000 hours during any calendar year.
(f) Notwithstanding paragraph (a) of this section, an air carrier
may, in conducting a transcontinental nonstop flight, schedule a flight
crewmember for more than eight but not more than 10 hours of continuous
duty aloft without an intervening rest period, if --
(1) The flight is in an airplane with a pressurization system that is
operative at the beginning of the flight;
(2) The flight crew consists of at least two pilots and a flight
engineer; and
(3) The air carrier uses, in conducting the operation, an air/ground
communication service that is independent of systems operated by the
United States, and a dispatch organization, both of which are approved
by the Administrator as adequate to serve the terminal points concerned.
14 CFR 121.505 Flight time limitations: Two pilot crews: airplanes.
(a) If a supplemental air carrier or commercial operator schedules a
pilot to fly more than eight hours during any 24 consecutive hours, it
shall give him an intervening rest period at or before the end of eight
scheduled hours of flight duty. This rest period must be at least twice
the number of hours flown since the preceding rest period, but not less
than eight hours. The supplemental air carrier or commercial operator
shall relieve that pilot of all duty with it during that rest period.
(b) No pilot of an airplane that has a crew of two pilots may be on
duty for more than 16 hours during any 24 consecutive hours.
14 CFR 121.507 Flight time limitations: Three pilot crews: Airplanes.
(a) No supplemental air carrier or commercial operator may schedule a
pilot --
(1) For flight deck duty in an airplane that has a crew of three
pilots for more than eight hours in any 24 consecutive hours; or
(2) To be aloft in an airplane that has a crew of three pilot for
more than 12 hours in any 24 consecutive hours.
(b) No pilot of an airplane that has a crew of three pilots may be on
duty for more than 18 hours in any 24 consecutive hours.
14 CFR 121.509 Flight time limitations: Four pilot crews: airplanes.
(a) No supplemental air carrier or commercial operator may schedule a
pilot --
(1) For flight deck duty in an airplane that has a crew of four
pilots for more than eight hours in any 24 consecutive hours; or
(2) To be aloft in an airplane that has a crew of four pilots for
more than 16 hours in any 24 consecutive hours.
(b) No pilot of an airplane that has a crew of four pilots may be on
duty for more than 20 hours in any 24 consecutive hours.
14 CFR 121.511 Flight time limitations: Flight engineers: airplanes.
(a) In any operation in which one flight engineer is serving the
flight time limitations in 121.503 and 121.505 apply to that flight
engineer.
(b) In any operation in which more than one flight engineer is
serving and the flight crew contains more than two pilots the flight
time limitations in 121.509 apply in place of those in 121.505.
14 CFR 121.513 Flight time limitations: Overseas and international
operations: airplanes.
In place of the flight time limitations in 121.503 through 121.511,
a supplemental air carrier or commercial operator may elect to comply
with the flight time limitations of 121.515 and 121.521 through
121.525 for operations conducted --
(a) Between a place in the 48 contiguous States and the District of
Columbia, or Alaska, and any place outside thereof;
(b) Between any two places outside the 48 contiguous States, the
District of Columbia, and Alaska; or
(c) Between two places within the State of Alaska or the State of
Hawaii.
14 CFR 121.515 Flight time limitations: All airmen: airplanes.
No airman may be aloft as a flight crewmember more than 1,000 hours
in any 12-calendar-month period.
14 CFR 121.517 Flight time limitations: Other commercial flying:
airplanes.
No airman who is employed by a supplemental air carrier or commercial
operator may do any other commercial flying, if that commercial flying
plus his flying in operations under this part will exceed any flight
time limitation in this part.
14 CFR 121.519 Flight time limitations: Deadhead transportation:
airplanes.
Time spent by an airman in deadhead transportation to or from a duty
assignment is not considered to be part of any rest period.
14 CFR 121.521 Flight time limitations: Crew of two pilots and one
additional airman as required.
(a) No supplemental air carrier or commercial operator may schedule
an airman to be aloft as a member of the flight crew in an airplane that
has a crew of two pilots and at least one additional flight crewmember
for more than 12 hours during any 24 consecutive hours.
(b) If an airman has been aloft as a member of a flight crew for 20
or more hours during any 48 consecutive hours or 24 or more hours during
any 72 consecutive hours, he must be given at least 18 hours of rest
before being assigned to any duty with the air carrier or commercial
operator. In any case, he must be relieved of all duty for at least 24
consecutive hours during any seven consecutive days.
(c) No airman may be aloft as a flight crewmember more than --
(1) 120 hours during any 30 consecutive days; or
(2) 300 hours during any 90 consecutive days.
(Doc. No. 6258, 29 FR 19218, Dec. 31, 1964, as amended by Amdt.
121-17, 31 FR 1147, Jan. 28, 1966)
14 CFR 121.523 Flight time limitations: Crew of three or more pilots
and additional airmen as required.
(a) No supplemental air carrier or commercial operator may schedule
an airman for flight deck duty as a flight engineer, or navigator in a
crew of three or more pilots and additional airmen for a total of more
than 12 hours during any 24 consecutive hours.
(b) Each supplemental air carrier and commercial operator shall
schedule its flight hours to provide adequate rest periods on the ground
for each airman who is away from his principal operations base. It
shall also provide adequate sleeping quarters on the airplane whenever
an airman is scheduled to be aloft as a flight crewmember for more than
12 hours during any 24 consecutive hours.
(c) No supplemental air carrier or commercial operator may schedule
any flight crewmember to be on continuous duty for more than 30 hours.
Such a crewmember is considered to be on continuous duty from the time
he reports for duty until the time he is released from duty for a rest
period of at least 10 hours on the ground. If a flight crewmember is on
continuous duty for more than 24 hours (whether scheduled or not) duty
any scheduled duty period, he must be given at least 16 hours for rest
on the ground after completing the last flight scheduled for that
scheduled duty period before being assigned any further flight duty.
(d) If a flight crewmember is required to engage in deadhead
transportation for more than four hours before beginning flight duty,
one half of the time spent in deadhead transportation must be treated as
duty time for the purpose of complying with duty time limitations,
unless he is given at least 10 hours of rest on the ground before being
assigned to flight duty.
(e) Each supplemental air carrier and commercial operator shall give
each airman, upon return to his operations base from any flight or
series of flights, a rest period that is at least twice the total number
of hours he was aloft as a flight crewmember since the last rest period
at his base, before assigning him to any further duty. If the required
rest period is more than seven days, that part of the rest period that
is more than seven days may be given at any time before the pilot is
again scheduled for flight duty.
(f) No airman may be aloft as a flight crewmember for more than 350
hours in any 90 consecutive days.
14 CFR 121.525 Flight time limitations: Pilots serving in more than
one kind of flight crew.
(a) This section applies to each pilot assigned during any 30
consecutive days to more than one type of flight crew.
(b) The flight time limitations for a pilot who is scheduled for duty
aloft for more than 20 hours in two-pilot crews in 30 consecutive days,
or whose assignment in such a crew is interrupted more than once in any
30 consecutive days by assignment to a crew of two or more pilots and an
additional flight crewmember, are those listed in 121.503 through
121.509, as appropriate.
(c) Except for a pilot covered by paragraph (b) of this section, the
flight time limitations for a pilot scheduled for duty aloft for more
than 20 hours in two-pilot and additional flight crewmember crews in 30
consecutive days or whose assignment in such a crew is interrupted more
than once in any 30 consecutive days by assignment to a crew consisting
of three pilots and an additional flight crewmember, are those set forth
in 121.521.
(d) The flight time limitations for a pilot to whom paragraphs (b)
and (c) of this section do not apply, and who is scheduled for duty
aloft for a total of not more than 20 hours within 30 consecutive days
in two-pilot crews (with or without additional flight crewmembers) are
those set forth in 121.523.
(e) The flight time limitations for a pilot assigned to each of
two-pilot, two-pilot and additional flight crewmember, and three-pilot
and additional flight crewmember crews in 30 consecutive days, and who
is not subject to paragraph (b), (c), or (d) of this section, are those
listed in 121.523.
14 CFR 121.525 Subpart T -- Flight Operations
Source: Docket No. 6258, 29 FR 19219, Dec. 31, 1964, unless
otherwise noted.
14 CFR 121.531 Applicability.
This subpart prescribes requirements for flight operations applicable
to all certificate holders, except where otherwise specified.
14 CFR 121.533 Responsibility for operational control: Domestic air
carriers.
(a) Each domestic air carrier is responsible for operational control.
(b) The pilot in command and the aircraft dispatcher are jointly
responsible for the preflight planning, delay, and dispatch release of a
flight in compliance with this chapter and operations specifications.
(c) The aircraft dispatcher is responsible for --
(1) Monitoring the progress of each flight;
(2) Issuing necessary information for the safety of the flight; and
(3) Cancelling or redispatching a flight if, in his opinion or the
opinion of the pilot in command, the flight cannot operate or continue
to operate safely as planned or released.
(d) Each pilot in command of an aircraft is, during flight time, in
command of the aircraft and crew and is responsible for the safety of
the passengers, crewmembers, cargo, and airplane.
(e) Each pilot in command has full control and authority in the
operation of the aircraft, without limitation, over other crewmembers
and their duties during flight time, whether or not he holds valid
certificates authorizing him to perform the duties of those crewmembers.
14 CFR 121.535 Responsibility for operational control: Flag air
carriers.
(a) Each flag air carrier is responsible for operational control.
(b) The pilot in command and the aircraft dispatcher are jointly
responsible for the preflight planning, delay, and dispatch release of a
flight in compliance with this chapter and operations specifications.
(c) The aircraft dispatcher is responsible for --
(1) Monitoring the progress of each flight;
(2) Issuing necessary instructions and information for the safety of
the flight; and
(3) Cancelling or redispatching a flight if, in his opinion or the
opinion of the pilot in command, the flight cannot operate or continue
to operate safely as planned or released.
(d) Each pilot in command of an aircraft is, during flight time, in
command of the aircraft and crew and is responsible for the safety of
the passengers, crewmembers, cargo, and airplane.
(e) Each pilot in command has full control and authority in the
operation of the aircraft, without limitation, over other crewmembers
and their duties during flight time, whether or not he holds valid
certificates authorizing him to perform the duties of those crewmembers.
(f) No pilot may operate an aircraft in a careless or reckless manner
so as to endanger life or property.
14 CFR 121.537 Responsibility for operational control: Supplemental
air carriers and commercial operators.
(a) Each supplemental air carrier and commercial operator --
(1) Is responsible for operational control; and
(2) Shall list each person authorized by it to exercise operational
control in its operator's manual.
(b) The pilot in command and the director of operations are jointly
responsible for the initiation, continuation, diversion, and termination
of a flight in compliance with this chapter and the operations
specifications. The director of operations may delegate the functions
for the initiation, continuation, diversion, and termination of a flight
but he may not delegate the responsibility for those functions.
(c) The director of operations is responsible for cancelling,
diverting, or delaying a flight if in his opinion or the opinion of the
pilot in command the flight cannot operate or continue to operate safely
as planned or released. The director of operations is responsible for
assuring that each flight is monitored with respect to at least the
following:
(1) Departure of the flight from the place of origin and arrival at
the place of destination, including intermediate stops and any
diversions therefrom.
(2) Maintenance and mechanical delays encountered at places of origin
and destination and intermediate stops.
(3) Any known conditions that may adversely affect the safety of
flight.
(d) Each pilot in command of an aircraft is, during flight time, in
command of the aircraft and crew and is responsible for the safety of
the passengers, crewmembers, cargo, and aircraft. The pilot in command
has full control and authority in the operation of the aircraft, without
limitation, over other crewmembers and their duties during flight time,
whether or not he holds valid certificates authorizing him to perform
the duties of those crewmembers.
(e) Each pilot in command of an aircraft is responsible for the
preflight planning and the operation of the flight in compliance with
this chapter and the operations specifications.
(f) No pilot may operate an aircraft, in a careless or reckless
manner, so as to endanger life or property.
14 CFR 121.538 Airplane security.
Certificate holders conducting operations under this part shall
comply with the applicable security requirements in part 108 of this
chapter.
(Amdt. 121-167, 46 FR 3790, Jan. 15, 1981)
14 CFR 121.539 Operations notices.
Each certificate holder shall notify its appropriate operations
personnel of each change in equipment and operating procedures,
including each known change in the use of navigation aids, airports, air
traffic control procedures and regulations, local airport traffic
control rules, and known hazards to flight, including icing and other
potentially hazardous meteorological conditions and irregularities in
ground and navigation facilities.
14 CFR 121.541 Operations schedules: Domestic and flag air carriers.
In establishing flight operations schedules, each domestic and flag
air carrier shall allow enough time for the proper servicing of aircraft
at intermediate stops, and shall consider the prevailing winds en route
and the cruising speed of the type of aircraft used. This cruising
speed may not be more than that resulting from the specified cruising
output of the engines.
14 CFR 121.542 Flight crewmember duties.
(a) No certificate holder shall require, nor may any flight
crewmember perform, any duties during a critical phase of flight except
those duties required for the safe operation of the aircraft. Duties
such as company required calls made for such nonsafety related purposes
as ordering galley supplies and confirming passenger connections,
announcements made to passengers promoting the air carrier or pointing
out sights of interest, and filling out company payroll and related
records are not required for the safe operation of the aircraft.
(b) No flight crewmember may engage in, nor may any pilot in command
permit, any activity during a critical phase of flight which could
distract any flight crewmember from the performance of his or her duties
or which could interfere in any way with the proper conduct of those
duties. Activities such as eating meals, engaging in nonessential
conversations within the cockpit and nonessential communications between
the cabin and cockpit crews, and reading publications not related to the
proper conduct of the flight are not required for the safe operation of
the aircraft.
(c) For the purposes of this section, critical phases of flight
includes all ground operations involving taxi, takeoff and landing, and
all other flight operations conducted below 10,000 feet, except cruise
flight.
Note: Taxi is defined as ''movement of an airplane under its own
power on the surface of an airport.''
(Amdt. 121-168, 46 FR 5502, Jan. 19, 1981)
14 CFR 121.543 Flight crewmembers at controls.
(a) Except as provided in paragraph (b) of this section, each
required flight crewmember on flight deck duty must remain at the
assigned duty station with seat belt fastened while the aircraft is
taking off or landing, and while it is en route.
(b) A required flight crewmember may leave the assigned duty station
--
(1) If the crewmember's absence is necessary for the performance of
duties in connection with the operation of the aircraft;
(2) If the crewmember's absence is in connection with physiological
needs; or
(3) If the crewmember is taking a rest period, and relief is provided
--
(i) In the case of the assigned pilot in command during the en route
cruise portion of the flight, by a pilot who holds an airline transport
pilot certificate and an appropriate type rating, is currently qualified
as pilot in command or second in command, and is qualified as pilot in
command of that aircraft during the en route cruise portion of the
flight. A second in command qualified to act as a pilot in command en
route need not have completed the following pilot in command
requirements: The 6-month recurrent flight training required by
121.433(c)(1)(iii); the operating experience required by 121.434; the
takeoffs and landings required by 121.439; the line check required by
121.440; and the 6-month proficiency check or simulator training
required by 121.441(a)(1); and
(ii) In the case of the assigned second in command, by a pilot
qualified to act as second in command of that aircraft during en route
operations. However, the relief pilot need not meet the recent
experience requirements of 121.439(b).
(Amdt. 121-144, 43 FR 22648, May 25, 1978, as amended by Amdt.
121-179, 47 FR 33390, Aug. 2, 1982)
14 CFR 121.545 Manipulation of controls.
No pilot in command may allow any person to manipulate the controls
of an aircraft during flight nor may any person manipulate the controls
during flight unless that person is --
(a) A qualified pilot of the certificate holder operating that
aircraft.
(b) An authorized pilot safety representative of the Administrator or
of the National Transportation Safety Board who has the permission of
the pilot in command, is qualified in the aircraft, and is checking
flight operations; or
(c) A pilot of another certificate holder who has the permission of
the pilot in command, is qualified in the aircraft, and is authorized by
the certificate holder operating the aircraft.
(Doc. No. 6258, 29 FR 19220, Dec. 31, 1964, as amended by Doc. No.
8084, 32 FR 5769, Apr. 11, 1967; Amdt. 121-144, 43 FR 22648, May 25,
1978)
14 CFR 121.547 Admission to flight deck.
(a) No person may admit any person to the flight deck of an aircraft
unless the person being admitted is --
(1) A crewmember;
(2) An FAA air carrier inspector, or an authorized representative of
the National Transportation Safety Board, who is performing official
duties;
(3) An employee of the United States, a certificate holder, or an
aeronautical enterprise who has the permission of the pilot in command
and whose duties are such that admission to the flight deck is necessary
or advantageous for safe operations; or
(4) Any person who has the permission of the pilot in command and is
specifically authorized by the certificate holder management and by the
Administrator.
Paragraph (a)(2) of this section does not limit the emergency
authority of the pilot in command to exclude any person from the flight
deck in the interests of safety.
(b) For the purposes of paragraph (a)(3) of this section, employees
of the United States who deal responsibly with matters relating to
safety and employees of the certificate holder whose efficiency would be
increased by familiarity with flight conditions, may be admitted by the
certificate holder. However, the certificate holder may not admit
employees of traffic, sales, or other departments that are not directly
related to flight operations, unless they are eligible under paragraph
(a)(4) of this section.
(c) No person may admit any person to the flight deck unless there is
a seat available for his use in the passenger compartment, except --
(1) An FAA air carrier inspector or an authorized representative of
the Administrator or National Transportation Safety Board who is
checking or observing flight operations;
(2) An air traffic controller who is authorized by the Administrator
to observe ATC procedures;
(3) A certificated airman employed by the certificate holder whose
duties require an airman certificate;
(4) A certificated airman employed by another certificate holder
whose duties with that carrier require an airman certificate and who is
authorized by the certificate holder operating the aircraft to make
specific trips over a route;
(5) An employee of the certificate holder operating the aircraft
whose duty is directly related to the conduct or planning of flight
operations or the inflight monitoring of aircraft equipment or operating
procedures, if his presence on the flight deck is necessary to perform
his duties and he has been authorized in writing by a responsible
supervisor, listed in the Operations Manual as having that authority;
and
(6) A technical representative of the manufacturer of the aircraft or
its components whose duties are directly related to the in-flight
monitoring of aircraft equipment or operating procedures, if his
presence on the flight deck is necessary to perform his duties, and he
has been authorized in writing by the Administrator and by a responsible
supervisor of the operations department of the certificate holder,
listed in the Operations Manual as having that authority.
(Doc. No. 6258, 29 FR 19220, Dec. 31, 1964, as amended by Doc. No.
8084, 32 FR 5769, Apr. 11, 1967)
14 CFR 121.548 Aviation safety inspector's credentials: Admission to
pilot's compartment.
Whenever, in performing the duties of conducting an inspection, an
inspector of the Federal Aviation Administration presents form FAA 110A,
''Aviation Safety Inspector's Credential,'' to the Pilot in command of
an aircraft operated by an air carrier or commercial operator, the
inspector must be given free and uninterrupted access to the pilot's
compartment of that aircraft.
(Amdt. 121-143, 43 FR 22642, May 25, 1978)
14 CFR 121.549 Flying equipment.
(a) The pilot in command shall ensure that appropriate aeronautical
charts containing adequate information concerning navigation aids and
instrument approach procedures are aboard the aircraft for each flight.
(b) Each crewmember shall, on each flight, have readily available for
his use a flashlight that is in good working order.
14 CFR 121.550 Secret Service Agents: Admission to flight deck.
Whenever an Agent of the Secret Service who is assigned the duty of
protecting a person aboard an aircraft operated by an air carrier or
commercial operator considers it necessary in the performance of his
duty to ride on the flight deck of the aircraft, he must, upon request
and presentation of his Secret Service credentials to the pilot in
command of the aircraft, be admitted to the flight deck and permitted to
occupy an observer seat thereon.
(Amdt. 121-64, 35 FR 12061, July 28, 1970)
14 CFR 121.551 Restriction or suspension of operation: Domestic and
flag air carriers.
When a domestic or flag air carrier knows of conditions, including
airport and runway conditions, that are a hazard to safe operations, it
shall restrict or suspend operations until those conditions are
corrected.
14 CFR 121.553 Restriction or suspension of operation: Supplemental
air carriers and commercial operators.
When a supplemental air carrier, commercial operator, or pilot in
command knows of conditions, including airport and runway conditions,
that are a hazard to safe operations, the air carrier, commercial
operator, or pilot in command, as the case may be, shall restrict or
suspend operations until those conditions are corrected.
14 CFR 121.555 Compliance with approved routes and limitations:
Domestic and flag air carriers.
No pilot may operate an airplane in scheduled air transportation --
(a) Over any route or route segment unless it is specified in the
domestic or flag air carrier's operations specifications; or
(b) Other than in accordance with the limitations in the operations
specifications.
14 CFR 121.557 Emergencies: Domestic and flag air carriers.
(a) In an emergency situation that requires immediate decision and
action the pilot in command may take any action that he considers
necessary under the circumstances. In such a case he may deviate from
prescribed operations procedures and methods, weather minimums, and this
chapter, to the extent required in the interests of safety.
(b) In an emergency situation arising during flight that requires
immediate decision and action by an aircraft dispatcher, and that is
known to him, the aircraft dispatcher shall advise the pilot in command
of the emergency, shall ascertain the decision of the pilot in command,
and shall have the decision recorded. If the aircraft dispatcher cannot
communicate with the pilot, he shall declare an emergency and take any
action that he considers necessary under the circumstances.
(c) Whenever a pilot in command or dispatcher exercises emergency
authority, he shall keep the appropriate ATC facility and dispatch
centers fully informed of the progress of the flight. The person
declaring the emergency shall send a written report of any deviation
through the air carrier's operations manager, to the Administrator. A
dispatcher shall send his report within 10 days after the date of the
emergency, and a pilot in command shall send his report within 10 days
after returning to his home base.
14 CFR 121.559 Emergencies: Supplemental air carriers and commercial
operators.
(a) In an emergency situation that requires immediate decision and
action, the pilot in command may take any action that he considers
necessary under the circumstances. In such a case, he may deviate from
prescribed operations, procedures and methods, weather minimums, and
this chapter, to the extent required in the interests of safety.
(b) In an emergency situation arising during flight that requires
immediate decision and action by appropriate management personnel in the
case of operations conducted with a flight following service and which
is known to them, those personnel shall advise the pilot in command of
the emergency, shall ascertain the decision of the pilot in command, and
shall have the decision recorded. If they cannot communicate with the
pilot, they shall declare an emergency and take any action that they
consider necessary under the circumstances.
(c) Whenever emergency authority is exercised, the pilot in command
or the appropriate management personnel shall keep the appropriate
ground radio station fully informed of the progress of the flight. The
person declaring the emergency shall send a written report of any
deviation, through the air carrier's or commercial operator's director
of operations, to the Administrator within 10 days after the flight is
completed or, in the case of operations outside the United States, upon
return to the home base.
14 CFR 121.561 Reporting potentially hazardous meteorological
conditions and irregularities of ground and navigation facilities.
(a) Whenever he encounters a meteorological condition or an
irregularity in a ground or navigational facility, in flight, the
knowledge of which he considers essential to the safety of other
flights, the pilot in command shall notify an appropriate ground station
as soon as practicable.
(b) The ground radio station that is notified under paragraph (a) of
this section shall report the information to the agency directly
responsible for operating the facility.
14 CFR 121.563 Reporting mechanical irregularities.
The pilot in command shall ensure that all mechanical irregularities
occurring during flight time are entered in the maintenance log of the
airplane at the end of that flight time. Before each flight the pilot
in command shall ascertain the status of each irregularity entered in
the log at the end of the preceding flight.
(Doc. No. 17897, 45 FR 41594, June 19, 1980, as amended by Amdt.
121-179, 47 FR 33390, Aug. 2, 1982)
14 CFR 121.565 Engine inoperative: Landing; reporting.
(a) Except as provided in paragraph (b) of this section, whenever an
engine of an airplane fails or whenever the rotation of an engine is
stopped to prevent possible damage, the pilot in command shall land the
airplane at the nearest suitable airport, in point of time, at which a
safe landing can be made.
(b) If not more than one engine of an airplane that has three or more
engines fails or its rotation is stopped, the pilot in command may
proceed to an airport that he selects if, after considering the
following, he decides that proceeding to that airport is as safe as
landing at the nearest suitable airport:
(1) The nature of the malfunction and the possible mechanical
difficulties that may occur if flight is continued.
(2) The altitude, weight, and usable fuel at the time of engine
stoppage.
(3) The weather conditions en route and at possible landing points.
(4) The air traffic congestion.
(5) The kind of terrain.
(6) His familiarity with the airport to be used.
(c) The pilot in command shall report each stoppage of engine
rotation in flight to the appropriate ground radio station as soon as
practicable and shall keep that station fully informed of the progress
of the flight.
(d) If the pilot in command lands at an airport other than the
nearest suitable airport, in point of time, he shall (upon completing
the trip) send a written report, in duplicate, to his operations manager
(or director of operations in the case of a supplemental air carrier or
commercial operator) stating his reasons for determining that his
selection of an airport, other than the nearest airport, was as safe a
course of action as landing at the nearest suitable airport. The
operations manager or director of operations shall, within 10 days after
the pilot returns to his home base, send a copy of this report with his
comments to the FAA Flight Standards District Office charged with the
overall inspection of the air carrier's operations.
(Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt.
121-207, 54 FR 39293, Sept. 25, 1989)
14 CFR 121.567 Instrument approach procedures and IFR landing minimums.
No person may make an instrument approach at an airport except in
accordance with IFR weather minimums and instrument approach procedures
set forth in the certificate holder's operations specifications.
14 CFR 121.569 Equipment interchange: Domestic and flag air carriers.
(a) Before operating under an interchange agreement, each domestic
and flag air carrier shall show that --
(1) The procedures for the interchange operation conform with this
chapter and with safe operating practices;
(2) Required crewmembers and dispatchers meet approved training
requirements for the airplanes and equipment to be used and are familiar
with the communications and dispatch procedures to be used;
(3) Maintenance personnel meet training requirements for the
airplanes and equipment, and are familiar with the maintenance
procedures to be used;
(4) Flight crewmembers and dispatchers meet appropriate route and
airport qualifications; and
(5) The airplanes to be operated are essentially similar to the
airplanes of the air carrier with whom the interchange is effected with
respect to the arrangement of flight instruments and the arrangement and
motion of controls that are critical to safety unless the Administrator
determines that the air carrier has adequate training programs to insure
that any potentially hazardous dissimilarities are safely overcome by
flight crew familiarization.
(b) Each domestic and flag air carrier shall include the pertinent
provisions and procedures involved in the equipment interchange
agreement in its manuals.
14 CFR 121.571 Briefing passengers before take- off.
(a) Each certificate holder operating a passenger-carrying airplane
shall insure that all passengers are orally briefed by the appropriate
crewmember as follows:
(1) Before each takeoff, on each of the following:
(i) Smoking. Each passenger shall be briefed on when, where, and
under what conditions smoking is prohibited (including, but not limited
to, the pertinent requirements of part 252 of this title). This
briefing shall include a statement that the Federal Aviation Regulations
require passenger compliance with the lighted passenger information
signs and posted placards. The briefing shall also include a statement
that Federal law prohibits tampering with, disabling, or destroying any
smoke detector in an airplane lavatory.
(ii) The location of emergency exits.
(iii) The use of safety belts including instructions on how to fasten
and unfasten the safety belt.
(iv) The location and use of any required emergency flotation means.
(2) After each takeoff, immediately before or immediately after
turning the seat belt sign off, an announcement shall be made that
passengers should keep their seat belts fastened, while seated, even
when the seat belt sign is off.
(3) Except as provided in paragraph (a)(4) of this section, before
each take- off a flight attendant assigned to the flight shall conduct
an individual briefing of each person who may need the assistance of
another person to move expeditiously to an exit in the event of an
emergency. In the briefing the flight attendant shall --
(i) Brief the person and his attendant, if any, on the routes to each
appropriate exit and on the most appropriate time to begin moving to an
exit in the event of an emergency; and
(ii) Inquire of the person and his attendant, if any, as to the most
appropriate manner of assisting the person so as to prevent pain and
further injury.
(4) The requirements of paragraph (a)(3) of this section do not apply
to a person who has been given a briefing before a previous leg of a
flight in the same aircraft when the flight attendants on duty have been
advised as to the most appropriate manner of assisting the person so as
to prevent pain and further injury.
(b) Each certificate holder shall carry on each passenger-carrying
airplane, in convenient locations for use of each passenger, printed
cards supplementing the oral briefing and containing --
(1) Diagrams of, and methods of operating, the emergency exits; and
(2) Other instructions necessary for use of emergency equipment.
Each card required by this paragraph must contain information that is
pertinent only to the type and model airplane used for that flight.
(c) The certificate holder shall describe in its manual the procedure
to be followed in the briefing required by paragraph (a) of this
section.
(Amdt. 121-2, 30 FR 3206, Mar. 9, 1965, as amended by Amdt. 121-30,
32 FR 13268, Sept. 20, 1967; Amdt. 121-84, 37 FR 3975, Feb. 24, 1972;
Amdt. 121-133, 42 FR 18394, Apr. 7, 1977; Amdt. 121-144, 43 FR 22648,
May 25, 1978; Amdt. 121-146, 43 FR 28403, June 29, 1978; Amdt.
121-196, 53 FR 12362, Apr. 13, 1988)
14 CFR 121.573 Briefing passengers: Extended overwater operations.
(a) In addition to the oral briefing required by 121.571(a), each
certificate holder operating an airplane in extended overwater
operations shall ensure that all passengers are orally briefed by the
appropriate crewmember on the location and operation of life preservers,
liferafts, and other flotation means, including a demonstration of the
method of donning and inflating a life preserver.
(b) The certificate holder shall describe in its manual the procedure
to be followed in the briefing required by paragraph (a) of this
section.
(c) If the airplane proceeds directly over water after takeoff, the
briefing required by paragraph (a) of this section must be done before
takeoff.
(d) If the airplane does not proceed directly over water after
takeoff, no part of the briefing required by paragraph (a) of this
section has to be given before takeoff, but the entire briefing must be
given before reaching the overwater part of the flight.
(Amdt. 121-2, 30 FR 3206, Mar. 9, 1965, as amended by Amdt. 121-144,
43 FR 22648, May 25, 1978; Amdt. 121-146, 43 FR 28403, June 29, 1978)
14 CFR 121.574 Oxygen for medical use by passengers.
(a) A certificate holder may allow a passenger to carry and operate
equipment for the storage, generation, or dispensing of oxygen when the
following conditions are met:
(1) The equipment is --
(i) Furnished by the certificate holder;
(ii) Of an approved type or is in conformity with the manufacturing,
packaging, marking, labeling, and maintenance requirements of 49 CFR
parts 171, 172, and 173, except 173.24(a)(1);
(iii) Maintained by the certificate holder in accordance with an
approved maintenance program;
(iv) Free of flammable contaminants on all exterior surfaces;
(v) Capable of providing a minimum mass flow of oxygen to the user of
four liters per minute;
(vi) Constructed so that all valves, fittings, and gauges are
protected from damage; and
(vii) Appropriately secured.
(2) When the oxygen is stored in the form of a liquid, the equipment
has been under the certificate holder's approved maintenance program
since its purchase new or since the storage container was last purged.
(3) When the oxygen is stored in the form of a compressed gas as
defined in 49 CFR 173.300(a) --
(i) The equipment has been under the certificate holder's approved
maintenance program since its purchase new or since the last hydrostatic
test of the storage cylinder; and
(ii) The pressure in any oxygen cylinder does not exceed the rated
cylinder pressure.
(4) Each person using the equipment has a medical need to use it
evidenced by a written statement to be kept in that person's possession,
signed by a licensed physician which specifies the maximum quantity of
oxygen needed each hour and the maximum flow rate needed for the
pressure altitude corresponding to the pressure in the cabin of the
airplane under normal operating conditions. This paragraph does not
apply to the carriage of oxygen in an airplane in which the only
passengers carried are persons who may have a medical need for oxygen
during flight, no more than one relative or other interested person for
each of those persons, and medical attendants.
(5) When a physician's statement is required by paragraph (a)(4) of
this section, the total quantity of oxygen carried is equal to the
maximum quantity of oxygen needed each hour, as specified in the
physician's statement, multiplied by the number of hours used to compute
the amount of airplane fuel required by this part.
(6) The pilot in command is advised when the equipment is on board,
and when it is intended to be used.
(7) The equipment is stowed, and each person using the equipment is
seated, so as not to restrict access to or use of any required
emergency, or regular exit or of the aisle in the passenger compartment.
(b) No person may, and no certificate holder may allow any person to,
smoke within 10 feet of oxygen storage and dispensing equipment carried
in accordance with paragraph (a) of this section.
(c) No certificate holder may allow any person to connect or
disconnect oxygen dispensing equipment, to or from a gaseous oxygen
cylinder while any passenger is aboard the airplane.
(d) The requirements of this section do not apply to the carriage of
supplemental or first-aid oxygen and related equipment required by this
chapter.
(Amdt. 121-113, 39 FR 42677, Dec. 6, 1974, as amended by Amdt.
121-159, 45 FR 41594, June 19, 1980)
14 CFR 121.575 Alcoholic beverages.
(a) No person may drink any alcoholic beverage aboard an aircraft
unless the certificate holder operating the aircraft has served that
beverage to him.
(b) No certificate holder may serve any alcoholic beverage to any
person aboard any of its aircraft who --
(1) Appears to be intoxicated;
(2) Is escorting a person or being escorted in accordance with
108.21; or
(3) Has a deadly or dangerous weapon accessible to him while aboard
the aircraft in accordance with 108.11.
(c) No certificate holder may allow any person to board any of its
aircraft if that person appears to be intoxicated.
(d) Each certificate holder shall, within five days after the
incident, report to the Administrator the refusal of any person to
comply with paragraph (a) of this section, or of any disturbance caused
by a person who appears to be intoxicated aboard any of its aircraft.
(Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt.
121-118, 40 FR 17552, Apr. 21, 1975; Amdt. 121-178, 47 FR 13316, Mar.
29, 1982)
14 CFR 121.576 Retention of items of mass in passenger and crew
compartments.
The certificate holder must provide and use means to prevent each
item of galley equipment and each serving cart, when not in use, and
each item of crew baggage, which is carried in a passenger or crew
compartment from becoming a hazard by shifting under the appropriate
load factors corresponding to the emergency landing conditions under
which the airplane was type certificated.
(Amdt. 121-144, 43 FR 22648, May 25, 1978)
14 CFR 121.577 Food and beverage service equipment during takeoff and
landing.
(a) No certificate holder may take off or land an airplane when any
food, beverage, or tableware, furnished by the certificate holder is
located at any passenger seat.
(b) No certificate holder may take off or land an airplane unless
each passenger's food and beverage tray and each serving cart is secured
in its stowed position.
(c) Each passenger shall comply with instructions given by a
crewmember in compliance with this section.
(Amdt. 121-84, 37 FR 3976, Feb. 24, 1972)
14 CFR 121.578 Cabin ozone concentration.
(a) For the purpose of this section, the following definitions apply:
(1) Flight segment means scheduled nonstop flight time between two
airports.
(2) Sea level equivalent refers to conditions of 25 C and 760
millimeters of mercury pressure.
(b) Except as provided in paragraphs (d) and (e) of this section, no
certificate holder may operate a transport category airplane above the
following flight levels unless it is successfully demonstrated to the
Administrator that the concentration of ozone inside the cabin will not
exceed --
(1) For flight above flight level 320, 0.25 parts per million by
volume, sea level equivalent, at any time above that flight level; and
(2) For flight above flight level 270, 0.1 parts per million by
volume, sea level equivalent, time-weighted average for each flight
segment that exceeds 4 hours and includes flight above that flight
level. (For this purpose, the amount of ozone below flight level 180 is
considered to be zero.)
(c) Compliance with this section must be shown by analysis or tests,
based on either airplane operational procedures and performance
limitations or the certificate holder's operations. The analysis or
tests must show either of the following:
(1) Atmospheric ozone statistics indicate, with a statistical
confidence of at least 84%, that at the altitudes and locations at which
the airplane will be operated cabin ozone concentrations will not exceed
the limits prescribed by paragraph (b) of this section.
(2) The airplane ventilation system including any ozone control
equipment, will maintain cabin ozone concentrations at or below the
limits prescribed by paragraph (b) of this section.
(d) A certificate holder may obtain an authorization to deviate from
the requirements of paragraph (b) of this section, by an amendment to
its operations specifications, if --
(1) It shows that due to circumstances beyond its control or to
unreasonable economic burden it cannot comply for a specified period of
time; and
(2) It has submitted a plan acceptable to the Administrator to effect
compliance to the extent possible.
(e) A certificate holder need not comply with the requirements of
paragraph (b) of this section for an aircraft --
(1) When the only persons carried are flight crewmembers and persons
listed in 121.583;
(2) If the aircraft is scheduled for retirement before January 1,
1985; or
(3) If the aircraft is scheduled for re-engining under the provisions
of subpart E of part 91, until it is re-engined.
(Doc. No. 121-154, 45 FR 3883, Jan. 21, 1980. Redesignated by Amdt.
121-162, 45 FR 46739, July 10, 1980; Amdt. 121-181, 47 FR 58489, Dec.
30, 1982)
14 CFR 121.579 Minimum altitudes for use of autopilot.
(a) En route operations. Except as provided in paragraphs (b) and
(c) of this section, no person may use an autopilot en route, including
climb and descent, at an altitude above the terrain that is less than
twice the maximum altitude loss specified in the Airplane Flight Manual
for a malfunction of the autopilot under cruise conditions, or less than
500 feet, whichever is higher.
(b) Approaches. When using an instrument approach facility, no
person may use an autopilot at an altitude above the terrain that is
less than twice the maximum altitude loss specified in the Airplane
Flight Manual for a malfunction of the autopilot under approach
conditions, or less than 50 feet below the approved minimum descent
altitude or decision height for the facility, whichever is higher,
except --
(1) When reported weather conditions are less than the basic VFR
weather conditions in 91.155 of this chapter, no person may use an
autopilot with an approach coupler for ILS approaches at an altitude
above the terrain that is less than 50 feet higher than the maximum
altitude loss specified in the Airplane Flight Manual for the
malfunction of the autopilot with approach coupler under approach
conditions; and
(2) When reported weather conditions are equal to or better than the
basic VFR minimums in 91.155 of this chapter, no person may use an
autopilot with an approach coupler for ILS approaches at an altitude
above the terrain that is less than the maximum altitude loss specified
in the Airplane Flight Manual for the malfunction of the autopilot with
approach coupler under approach conditions, or 50 feet, whichever is
higher.
(c) Notwithstanding paragraph (a) or (b) of this section, the
Administrator issues operations specifications to allow the use, to
touchdown, of an approved flight control guidance system with automatic
capability, in any case in which --
(1) The system does not contain any altitude loss (above zero)
specified in the Airplane Flight Manual for malfunction of the autopilot
with approach coupler; and
(2) He finds that the use of the system to touchdown will not
otherwise affect the safety standards required by this section.
(Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt.
121-13, 30 FR 14781, Nov. 30, 1965; Amdt. 121-33, 32 FR 13912, Oct. 6,
1967; Amdt. 121-130, 41 FR 47229, Oct. 28, 1976; Amdt. 121-206, 54 FR
34331, Aug. 18, 1989)
14 CFR 121.581 Forward observer's seat: En route inspections.
(a) Each certificate holder shall make available a seat on the flight
deck of each airplane, used by it in air commerce, for occupancy by the
Administrator while conducting en route inspections. The location and
equipment of the seat, with respect to its suitability for use in
conducting en route inspections, is determined by the Administrator.
(b) In each airplane that has more than one observer's seat, in
addition to the seats required for the crew complement for which the
airplane was certificated, the forward observer's seat or the observer's
seat selected by the Administrator must be made available when complying
with paragraph (a) of this section.
(Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt.
121-144, 43 FR 22648, May 25, 1978)
14 CFR 121.583 Carriage of persons without compliance with the
passenger-carrying requirements of this part.
(a) When authorized by the certificate holder, the following persons,
but no others, may be carried aboard an airplane without complying with
the passenger-carrying airplane requirements in 121.309(f), 121.310,
121.391, 121.571, and 121.587; the passenger-carrying operation
requirements in 121.157(c), 121.161, and 121.291; and the
requirements pertaining to passengers in 121.285, 121.313(f), 121.317,
121.547, and 121.573:
(1) A crewmember.
(2) A company employee.
(3) An FAA air carrier inspector, or an authorized representative of
the National Transportation Safety Board, who is performing official
duties.
(4) A person necessary for --
(i) The safety of the flight;
(ii) The safe handling of animals;
(iii) The safe handling of hazardous materials whose carriage is
governed by regulations in 49 CFR part 175;
(iv) The security of valuable or confidential cargo;
(v) The preservation of fragile or perishable cargo;
(vi) Experiments on, or testing of, cargo containers or cargo
handling devices;
(vii) The operation of special equipment for loading or unloading
cargo; and
(viii) The loading or unloading of outsize cargo.
(5) A person described in paragraph (a)(4) of this section, when
traveling to or from his assignment.
(6) A person performing duty as an honor guard accompanying a
shipment made by or under the authority of the United States.
(7) A military courier, military route supervisor, military cargo
contract coordinator, or a flight crewmember of another military cargo
contract air carrier or commercial operator, carried by a military cargo
contract air carrier or commercial operator in operations under a
military cargo contract, if that carriage is specifically authorized by
the appropriate armed forces.
(8) A dependent of an employee of the certificate holder when
traveling with the employee on company business to or from outlying
stations not served by adequate regular passenger flights.
(b) No certificate holder may operate an airplane carrying a person
covered by paragraph (a) of this section unless --
(1) Each person has unobstructed access from his seat to the pilot
compartment or to a regular or emergency exit;
(2) The pilot in command has a means of notifying each person when
smoking is prohibited and when safety belts must be fastened; and
(3) The airplane has an approved seat with an approved safety belt
for each person. The seat must be located so that the occupant is not
in any position to interfere with the flight crewmembers performing
their duties.
(c) Before each takeoff, each certificate holder operating an
airplane carrying persons covered by paragraph (a) of this section shall
ensure that all such persons have been orally briefed by the appropriate
crewmember on --
(1) Smoking;
(2) The use of seat belts;
(3) The location and operation of emergency exits;
(4) The use of oxygen and emergency oxygen equipment; and
(5) For extended overwater operations, the location of life rafts,
and the location and operation of life preservers including a
demonstration of the method of donning and inflating a life preserver.
(d) Each certificate holder operating an airplane carrying persons
covered by paragraph (a) of this section shall incorporate procedures
for the safe carriage of such persons into the air carrier's or
commercial operator's operations manual.
(e) The pilot in command may authorize a person covered by paragraph
(a) of this section to be admitted to the crew compartment of the
airplane.
(Amdt. 121-67, 35 FR 14612, Sept. 18, 1970, as amended by Amdt.
121-96, 37 FR 19608, Sept. 21, 1972; Amdt. 121-159, 45 FR 41594, June
19, 1980)
14 CFR 121.585 Exit row seating.
(a) Each certificate holder shall determine, to the extent necessary
to perform the applicable functions of paragraph (d) of this section,
the suitability of each person it permits to occupy a seat in a row of
seats that provides the most direct access to an exit (including all of
the seats in the row from the fuselage to the first aisle inboard of the
exit or, in cases where there is no aisle, in the closest row or in any
seat that has direct access to an exit, hereafter referred to as exit
row seats), in accordance with this section. These determinations shall
be made in a non-discriminatory manner consistent with the requirements
of this section, by persons designated in the certificate holder's
required operations manual.
(b) No certificate holder may seat a person in a seat affected by
this section if the certificate holder determines that it is likely that
the person would be unable to perform one or more of the applicable
functions listed in paragraph (d) of this section because --
(1) The person lacks sufficient mobility, strength, or dexterity in
both arms and hands, and both legs:
(i) To reach upward, sideways, and downward to the location of
emergency exit and exit-slide operating mechanisms;
(ii) To grasp and push, pull, turn, or otherwise manipulate those
mechanisms;
(iii) To push, shove, pull, or otherwise open emergency exits;
(iv) To lift out, hold, deposit on nearby seats, or maneuver over the
seatbacks to the next row objects the size and weight of over-wing
window exit doors;
(v) To remove obstructions similar in size and weight to over-wing
exit doors;
(vi) To reach the emergency exit expeditiously;
(vii) To maintain balance while removing obstructions;
(viii) To exit expeditiously;
(ix) To stabilize an escape slide after deployment; or
(x) To assist others in getting off an escape slide;
(2) The person is less than 15 years of age or lacks the capacity to
perform one or more of the applicable functions listed in paragraph (d)
of this section without the assistance of an adult companion, parent, or
other relative;
(3) The person lacks the ability to read and understand instructions
related to emergency evacuation provided by the certificate holder in
printed, handwritten, or graphic form or the ability to understand oral
crew commands in the English language;
(4) The person lacks sufficient visual capacity to perform one or
more of the applicable functions in paragraph (d) of this section
without the assistance of visual aids beyond contact lenses or
eyeglasses;
(5) The person lacks sufficient aural capacity to hear and understand
instructions shouted by flight attendants, without assistance beyond a
hearing aid;
(6) The person lacks the ability adequately to impart information
orally to other passengers; or,
(7) The person has:
(i) A condition or responsibilities, such as caring for small
children, that might prevent the person from performing one or more of
the applicable functions listed in paragraph (d) of this section; or
(ii) A condition that might cause the person harm if he or she
performs one or more of the applicable functions listed in paragraph (d)
of this section.
(c) Each passenger shall comply with instructions given by a
crewmember or other authorized employee of the certificate holder
implementing exit row seating restrictions established in accordance
with this section.
(d) Each certificate holder shall include on passenger information
cards, presented in the languages used by the certificate holder for
passenger information cards, at each seat affected by this section,
information that, in the event of an emergency in which a crewmember is
not available to assist, a passenger occupying an exit row seat may use
if called upon to perform the following functions:
(1) Locate the emergency exit;
(2) Recognize the emergency exit opening mechanism;
(3) Comprehend the instructions for operating the emergency exit;
(4) Operate the emergency exit;
(5) Assess whether opening the emergency exit will increase the
hazards to which passengers may be exposed;
(6) Follow oral directions and hand signals given by a crewmember;
(7) Stow or secure the emergency exit door so that it will not impede
use of the exit;
(8) Assess the condition of an escape slide, activate the slide, and
stabilize the slide after deployment to assist others in getting off the
slide;
(9) Pass expeditiously through the emergency exit; and
(10) Assess, select, and follow a safe path away from the emergency
exit.
(e) Each certificate holder shall include on passenger information
cards, presented in the languages used by the certificate holder for
passenger information cards, at all seats affected by this section, the
selection criteria set forth in paragraph (b) of this section, and a
request that a passenger identify himself or herself to allow reseating
if he or she:
(1) Cannot meet the selection criteria set forth in paragraph (b) of
this section;
(2) Has a nondiscernible condition that will prevent him or her from
performing the applicable functions listed in paragraph (d) of this
section;
(3) May suffer bodily harm as the result of performing one or more of
those functions; or,
(4) Does not wish to perform those functions.
A certificate holder shall not require the passenger to disclose his
or her reason for needing reseating.
(f) Each certificate holder shall make available for inspection by
the public at all passenger loading gates and ticket counters at each
airport where it conducts passenger operations, written procedures
established for making determinations in regard to exit row seating.
(g) No certificate holder shall allow all passenger entry doors to be
closed in preparation for taxi or pushback unless at least one required
crewmember has verified that no exit row seat is occupied by a person
the crewmember determines is likely to be unable to perform the
applicable functions listed in paragraph (d) of this section.
(h) Each certificate holder shall include in its passenger briefings
a reference to the passenger information cards, required by paragraphs
(d) and (e), the selection criteria set forth in paragraph (b), and the
functions to be performed, set forth in paragraph (d) of this section.
(i) Each certificate holder shall include in its passenger briefings
a request that a passenger identify himself or herself to allow
reseating if he or she --
(1) Cannot meet the selection criteria set forth in paragraph (b) of
this section;
(2) Has a nondiscernible condition that will prevent him or her from
performing the applicable functions listed in paragraph (d) of this
section;
(3) May suffer bodily harm as the result of performing one or more of
those functions listed in paragraph (d) of this section; or,
(4) Does not wish to perform those functions listed in paragraph (d)
of this section.
A certificate holder shall not require the passenger to disclose his
or her reason for needing reseating.
(j) Each certificate holder shall honor expeditiously a passenger's
request to be relocated to a non-exit row seat.
(k) In the event a certificate holder determines in accordance with
this section that it is likely that a passenger assigned to an exit row
seat would be unable to perform the functions listed in paragraph (d) of
this section, or a passenger requests a non-exit row seat, the
certificate holder shall relocate the passenger to a non-exit row seat.
(l) In the event of full booking in the non-exit row seats, the
certificate holder shall move a passenger, if necessary to accommodate a
passenger being relocated from an exit row seat, who is willing and able
to assume the evacuation functions that may be required, to an exit row
seat.
(m) A certificate holder may deny transportation to any passenger
under this section only because --
(1) the passenger refuses to comply with instructions given by a
crewmember or other authorized employee of the certificate holder,
implementing exit row seating restrictions established in accordance
with this section, or
(2) the only seat that will physically accommodate the person's
handicap is an exit row seat.
(n) In order to comply with this section certificate holders shall --
(1) Establish procedures that address:
(i) The criteria listed in paragraph (b) of this section;
(ii) The functions listed in paragraph (d) of this section;
(iii) The requirements for airport information, passenger information
cards, crewmember verification of appropriate seating in exit rows,
passenger briefings, seat assignments, and denial of transportation as
set forth in this section;
(iv) How to resolve disputes arising from implementation of this
section, including identification of the certificate holder employee on
the airport to whom complaints should be addressed for resolution; and,
(2) Submit their procedures for preliminary review and approval to
the principal operations inspectors assigned to them at the FAA Flight
Standards District Offices that are charged with the overall inspection
of their operations.
(o) Certificate holders shall assign seats prior to boarding
consistent with the criteria listed in paragraph (b) and the functions
listed in paragraph (d) of this section, to the maximum extent feasible.
(p) The procedures required by paragraph (n) of this section will not
become effective until final approval is granted by the Director, Flight
Standards Service, Washington, DC. Approval will be based solely upon
the safety aspects of the certificate holder's procedures.
(Amdt. 121-214, 55 FR 8072, Mar. 6, 1990)
14 CFR 121.586 Authority to refuse transportation.
(a) No certificate holder may refuse transportation to a passenger on
the basis that, because the passenger may need the assistance of another
person to move expeditiously to an exit in the event of an emergency,
his transportation would or might be inimical to safety of flight unless
--
(1) The certificate holder has established procedures (including
reasonable notice requirements) for the carriage of passengers who may
need the assistance of another person to move expeditiously to an exit
in the event of an emergency; and
(2) At least one of the following conditions exist:
(i) The passenger fails to comply with the notice requirements in the
certificate holder's procedures.
(ii) The passenger cannot be carried in accordance with the
certificate holder's procedures.
(b) Each certificate holder shall provide the FAA Flight Standards
District Office charged with the overall inspection of its operations
with a copy of each procedure it establishes in accordance with
paragraph (a)(2) of this section.
(c) Whenever the Administrator finds that revisions in the procedures
described in paragraph (a)(2) of this section are necessary in the
interest of safety or in the public interest, the certificate holder,
after notification by the Administrator, shall make those revisions in
its procedures. Within 30 days after the certificate holder receives
such notice, it may file a petition to reconsider the notice with the
FAA Flight Standards District Office charged with the overall inspection
of the certificate holder's operations. The filing of a petition to
reconsider stays the notice pending a decision by the Administrator.
However, if the Administrator finds that there is an emergency that
requires immediate action in the interest of safety in air commerce, he
may, upon a statement of the reasons, require a change effective without
stay.
(d) Each certificate holder shall make available to the public at
each airport it serves a copy of each procedure it establishes in
accordance with paragraph (a)(1) of this section.
(Doc. No. 12881, Amdt. 121-133, 42 FR 18394, Apr. 7, 1977, as amended
by Amdt. 121-174, 46 FR 38051, July 23, 1981; Amdt. 121-207, 54 FR
39293, Sept. 25, 1989)
14 CFR 121.587 Closing and locking of flight crew compartment door.
(a) Except as provided in paragraph (b) of this section, the pilot in
command of a large airplane carrying passengers shall ensure that the
door separating the flight crew compartment from the passenger
compartment is closed and locked during flight.
(b) The provisions of paragraph (a) of this section do not apply --
(1) During takeoff and landing if the crew compartment door is the
means of access to a required passenger emergency exit or a floor level
exit; or
(2) At any time that it is necessary to provide access to the flight
crew or passenger compartment, to a crewmember in the performance of his
duties or for a person authorized admission to the flight crew
compartment under 121.547.
(Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt.
121-14, 30 FR 15655, Dec. 18, 1965)
14 CFR 121.589 Carry-on baggage.
(a) No certificate holder may allow the boarding of carry-on baggage
on an airplane unless each passenger's baggage has been scanned to
control the size and amount carried on board in accordance with an
approved carry-on baggage program in its operations specifications. In
addition, no passenger may board an airplane if his/her carry-on baggage
exceeds the baggage allowance prescribed in the carry-on baggage program
in the certificate holder's operations specifications.
(b) No certificate holder may allow all passenger entry doors of an
airplane to be closed in preparation for taxi or pushback unless at
least one required crewmember has verified that each article of baggage
is stowed in accordance with this section and 121.285(c) of this part.
(c) No certificate holder may allow an airplane to take off or land
unless each article of baggage is stowed:
(1) In a suitable closet or baggage or cargo stowage compartment
placarded for its maximum weight and providing proper restraint for all
baggage or cargo stowed within, and in a manner that does not hinder the
possible use of any emergency equipment; or
(2) As provided in 121.285(c) of this part; or
(3) Under a passenger seat.
(d) Baggage, other than articles of loose clothing, may not be placed
in an overhead rack unless that rack is equipped with approved
restraining devices or doors.
(e) Each passenger must comply with instructions given by crewmembers
regarding compliance with paragraphs (a), (b), (c), (d), and (g) of this
section.
(f) Each passenger seat under which baggage is allowed to be stowed
shall be fitted with a means to prevent articles of baggage stowed under
it from sliding forward. In addition, each aisle seat shall be fitted
with a means to prevent articles of baggage stowed under it from sliding
sideward into the aisle under crash impacts severe enough to induce the
ultimate inertia forces specified in the emergency landing condition
regulations under which the airplane was type certificated.
(g) In addition to the methods of stowage in paragraph (c) of this
section, flexible travel canes carried by blind individuals may be
stowed --
(1) Under any series of connected passenger seats in the same row, if
the cane does not protrude into an aisle and if the cane is flat on the
floor; or
(2) Between a nonemergency exit window seat and the fuselage, if the
cane is flat on the floor; or
(3) Beneath any two nonemergency exit window seats, if the cane is
flat on the floor; or
(4) In accordance with any other method approved by the
Administrator.
(Doc. No. 24996, Amdt. 121-194, 52 FR 21476, June 5, 1987)
14 CFR 121.590 Use of certificated land airports.
(a) Unless otherwise authorized by the Administrator, no air carrier,
and no pilot being used by an air carrier may, in the conduct of
operations governed by this part, operate an aircraft into a land
airport in any State of the United States, the District of Columbia, or
any territory or possession of the United States, unless that airport is
certificated under part 139 of this chapter. However, an air carrier
may designate and use as a required alternate airport for departure or
destination an airport that is not certificated under part 139 of this
chapter.
(b) Notwithstanding 121.13 (a) and (b), the provisions of this
section apply to air carriers specified herein when conducting
operations with helicopters.
(Doc. No. 20450, Amdt. 121-182, 49 FR 18089, Apr. 27, 1984)
14 CFR 121.590 Subpart U -- Dispatching and Flight Release Rules
Source: Docket No. 6258, 29 FR 19222, Dec. 31, 1964, unless
otherwise noted.
14 CFR 121.591 Applicability.
This subpart prescribes dispatching rules for domestic and flag air
carriers and flight release rules for supplemental air carriers and
commercial operators.
14 CFR 121.593 Dispatching authority: Domestic air carriers.
Except when an airplane lands at an intermediate airport specified in
the original dispatch release and remains there for not more than one
hour, no person may start a flight unless an aircraft dispatcher
specifically authorizes that flight.
14 CFR 121.595 Dispatching authority: Flag air carriers.
(a) No person may start a flight unless an aircraft dispatcher
specifically authorizes that flight.
(b) No person may continue a flight from an intermediate airport
without redispatch if the airplane has been on the ground more than six
hours.
14 CFR 121.597 Flight release authority: Supplemental air carriers and
commercial operators.
(a) No person may start a flight under a flight following system
without specific authority from the person authorized by the operator to
exercise operational control over the flight.
(b) No person may start a flight unless the pilot in command or the
person authorized by the operator to exercise operational control over
the flight has executed a flight release setting forth the conditions
under which the flights will be conducted. The pilot in command may
sign the flight release only when he and the person authorized by the
operator to exercise operational control believe that the flight can be
made with safety.
(c) No person may continue a flight from an intermediate airport
without a new flight release if the aircraft has been on the ground more
than six hours.
(Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt.
121-3, 30 FR 3639, Mar. 19, 1965)
14 CFR 121.599 Familiarity with weather conditions.
(a) Domestic and flag air carriers. No aircraft dispatcher may
release a flight unless he is thoroughly familiar with reported and
forecast weather conditions on the route to be flown.
(b) Supplemental air carriers and commercial operators. No pilot in
command may begin a flight unless he is thoroughly familiar with
reported and forecast weather conditions on the route to be flown.
14 CFR 121.601 Aircraft dispatcher information to pilot in command:
Domestic and flag air carriers.
(a) The aircraft dispatcher shall provide the pilot in command all
available current reports or information on airport conditions and
irregularities of navigation facilities that may affect the safety of
the flight.
(b) By December 31, 1977, before beginning a flight, the aircraft
dispatcher shall provide the pilot in command with all available weather
reports and forecasts of weather phenomena that may affect the safety of
flight, including adverse weather phenomena, such as clear air
turbulence, thunderstorms, and low altitude wind shear, for each route
to be flown and each airport to be used.
(c) During a flight, the aircraft dispatcher shall provide the pilot
in command any additional available information of meteorological
conditions (including, by December 31, 1977, adverse weather phenomena,
such as clear air turbulence, thunderstorms, and low altitude wind
shear), and irregularities of facilities and services that may affect
the safety of the flight.
(Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt.
121-134, 42 FR 27573, May 31, 1977; Amdt. 121-144, 43 FR 22649, May 25,
1978)
14 CFR 121.603 Facilities and services: Supplemental air carriers and
commercial operators.
(a) Before beginning a flight, each pilot in command shall obtain all
available current reports or information on airport conditions and
irregularities of navigation facilities that may affect the safety of
the flight.
(b) During a flight, the pilot in command shall obtain any additional
available information of meteorological conditions and irregularities of
facilities and services that may affect the safety of the flight.
14 CFR 121.605 Airplane equipment.
No person may dispatch or release an airplane unless it is airworthy
and is equipped as prescribed in 121.303.
14 CFR 121.607 Communication and navigation facilities: Domestic and
flag air carriers.
(a) Except as provided in paragraph (b) of this section for flag air
carriers, no person may dispatch an airplane over an approved route or
route segment unless the communication and navigation facilities
required by 121.99 and 121.103 for the approval of that route or
segment are in satisfactory operating condition.
(b) If, because of technical reasons or other reasons beyond the
control of a flag air carrier, the facilities required by 121.99 and
121.103 are not available over a route or route segment outside the
United States, the air carrier may dispatch an airplane over that route
or route segment if the pilot in command and dispatcher find that
communication and navigation facilities equal to those required are
available and are in satisfactory operating condition.
14 CFR 121.609 Communication and navigation facilities: Supplemental
air carriers and commercial operators.
No person may release an aircraft over any route or route segment
unless communication and navigation facilities equal to those required
by 121.121 are in satisfactory operating condition.
14 CFR 121.611 Dispatch or flight release under VFR.
No person may dispatch or release an aircraft for VFR operation
unless the ceiling and visibility en route, as indicated by available
weather reports or forecasts, or any combination thereof, are and will
remain at or above applicable VFR minimums until the aircraft arrives at
the airport or airports specified in the dispatch or flight release.
14 CFR 121.613 Dispatch or flight release under IFR or over the top.
Except as provided in 121.615, no person may dispatch or release an
aircraft for operations under IFR or over-the-top, unless appropriate
weather reports or forecasts, or any combination thereof, indicate that
the weather conditions will be at or above the authorized minimums at
the estimated time of arrival at the airport or airports to which
dispatched or released.
(Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt.
121-33, 32 FR 13912, Oct. 6, 1967)
14 CFR 121.615 Dispatch or flight release over water: Flag and
supplemental air carriers and commercial operators.
(a) No person may dispatch or release an aircraft for a flight that
involves extended overwater operation unless appropriate weather reports
or forecasts or any combination thereof, indicate that the weather
conditions will be at or above the authorized minimums at the estimated
time of arrival at any airport to which dispatched or released or to any
required alternate airport.
(b) Each flag and supplemental air carrier and commercial operator
shall conduct extended overwater operations under IFR unless it shows
that operating under IFR is not necessary for safety.
(c) Each flag and supplemental air carrier and commercial operator
shall conduct other overwater operations under IFR if the Administrator
determines that operation under IFR is necessary for safety.
(d) Each authorization to conduct extended overwater operations under
VFR and each requirement to conduct other overwater operations under IFR
will be specified in the air carrier's or commercial operator's
operations specifications.
(Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt.
121-33, 32 FR 13912, Oct. 6, 1967)
14 CFR 121.617 Alternate airport for departure.
(a) If the weather conditions at the airport of takeoff are below the
landing minimums in the certificate holder's operations specifications
for that airport, no person may dispatch or release an aircraft from
that airport unless the dispatch or flight release specifies an
alternate airport located within the following distances from the
airport of takeoff:
(1) Aircraft having two engines. Not more than one hour from the
departure airport at normal cruising speed in still air with one engine
inoperative.
(2) Aircraft having three or more engines. Not more than two hours
from the departure airport at normal cruising speed in still air with
one engine inoperative.
(b) For the purpose of paragraph (a) of this section, the alternate
airport weather conditions must meet the requirements of the certificate
holder's operations specifications.
(c) No person may dispatch or release an aircraft from an airport
unless he lists each required alternate airport in the dispatch or
flight release.
14 CFR 121.619 Alternate airport for destination: IFR or over-the-top:
Domestic air carriers.
(a) No person may dispatch an airplane under IFR or over-the-top
unless he lists at least one alternate airport for each destination
airport in the dispatch release. When the weather conditions forecast
for the destination and first alternate airport are marginal at least
one additional alternate must be designated. However, no alternate
airport is required if for at least 1 hour before and 1 hour after the
estimated time of arrival at the destination airport the appropriate
weather reports or forecasts, or any combination of them, indicate --
(1) The ceiling will be at least 2,000 feet above the airport
elevation; and
(2) Visibility will be at least 3 miles.
(b) For the purposes of paragraph (a) of this section, the weather
conditions at the alternate airport must meet the requirements of
121.625.
(c) No person may dispatch a flight unless he lists each required
alternate airport in the dispatch release.
(Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt.
121-159, 45 FR 41594, June 19, 1980)
14 CFR 121.621 Alternate airport for destination: Flag air carriers.
(a) No person may dispatch an airplane under IFR or over-the-top
unless he lists at least one alternate airport for each destination
airport in the dispatch release, unless --
(1) The flight is scheduled for not more than 6 hours and, for at
least 1 hour before and 1 hour after the estimated time of arrival at
the destination airport, the appropriate weather reports or forecasts,
or any combination of them, indicate the ceiling will be:
(i) At least 1,500 feet above the lowest circling MDA, if a circling
approach is required and authorized for that airport; or
(ii) At least 1,500 feet above the lowest published instrument
approach minimum or 2,000 feet above the airport elevation, whichever is
greater; and
(iii) The visibility at that airport will be at least 3 miles, or 2
miles more than the lowest applicable visibility minimums, whichever is
greater, for the instrument approach procedures to be used at the
destination airport; or
(2) The flight is over a route approved without an available
alternate airport for a particular destination airport and the airplane
has enough fuel to meet the requirements of 121.641(b) or 121.645(c).
(b) For the purposes of paragraph (a) of this section, the weather
conditions at the alternate airport must meet the requirements of the
air carrier's operations specifications.
(c) No person may dispatch a flight unless he lists each required
alternate airport in the dispatch release.
(Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt.
121-159, 45 FR 41594, June 19, 1980)
14 CFR 121.623 Alternate airport for destination; IFR or over-the-top:
Supplemental air carriers and commercial operators.
(a) Except as provided in paragraph (b) of this section, each person
releasing an aircraft for operation under IFR or over-the-top shall list
at least one alternate airport for each destination airport in the
flight release.
(b) An alternate airport need not be designated for IFR or
over-the-top operations where the aircraft carries enough fuel to meet
the requirements of 121.643 and 121.645 for flights outside the 48
contiguous States and the District of Columbia over routes without an
available alternate airport for a particular airport of destination.
(c) For the purposes of paragraph (a) of this section, the weather
requirements at the alternate airport must meet the requirements of the
air carrier's or commercial operator's operations specifications.
(d) No person may release a flight unless he lists each required
alternate airport in the flight release.
14 CFR 121.625 Alternate airport weather minimums.
No person may list an airport as an alternate airport in the dispatch
or flight release unless the appropriate weather reports or forecasts,
or any combination thereof, indicate that the weather conditions will be
at or above the alternate weather minimums specified in the certificate
holder's operations specifications for that airport when the flight
arrives.
(Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt.
121-33, 32 FR 13912, Oct. 6, 1967)
14 CFR 121.627 Continuing flight in unsafe conditions.
(a) No pilot in command may allow a flight to continue toward any
airport to which it has been dispatched or released if, in the opinion
of the pilot in command or dispatcher (domestic and flag air carriers
only), the flight cannot be completed safely; unless, in the opinion of
the pilot in command, there is no safer procedure. In that event,
continuation toward that airport is an emergency situation as set forth
in 121.557.
(b) If any instrument or item of equipment required under this
chapter for the particular operation becomes inoperative en route, the
pilot in command shall comply with the approved procedures for such an
occurrence as specified in the certificate holder's manual.
(Doc. No. 6258, 29 FR 1922, Dec. 31, 1964, as amended by Amdt.
121-222, 56 FR 12310, Mar. 22, 1991)
14 CFR 121.628 Inoperable instruments and equipment.
(a) No person may take off an airplane with inoperable instruments or
equipment installed unless the following conditions are met:
(1) An approved Minimum Equipment List exists for that airplane.
(2) The Flight Standards District Office having certification
responsibility has issued the certificate holder operations
specifications authorizing operations in accordance with an approved
Minimum Equipment List. The flight crew shall have direct access at all
times prior to flight to all of the information contained in the
approved Minimum Equipment List through printed or other means approved
by the Administrator in the certificate holders operations
specifications. An approved Minimum Equipment List, as authorized by
the operations specifications, constitutes an approved change to the
type design without requiring recertification.
(3) The approved Minimum Equipment List must:
(i) Be prepared in accordance with the limitations specified in
paragraph (b) of this section.
(ii) Provide for the operation of the airplane with certain
instruments and equipment in an inoperable condition.
(4) Records identifying the inoperable instruments and equipment and
the information required by paragraph (a)(3)(ii) of this section must be
available to the pilot.
(5) The airplane is operated under all applicable conditions and
limitations contained in the Minimum Equipment List and the operations
specifications authorizing use of the Minimum Equipment List.
(b) The following instruments and equipment may not be included in
the Minimum Equipment List:
(1) Instruments and equipment that are either specifically or
otherwise required by the airworthiness requirements under which the
airplane is type certificated and which are essential for safe
operations under all operating conditions.
(2) Instruments and equipment required by an airworthiness directive
to be in operable condition unless the airworthiness directive provides
otherwise.
(3) Instruments and equipment required for specific operations by
this part.
(c) Notwithstanding paragraphs (b)(1) and (b)(3) of this section, an
airplane with inoperable instruments or equipment may be operated under
a special flight permit under 21.197 and 21.199 of this chapter.
(Doc. No. 25780, 56 FR 12310, Mar. 22, 1991; 56 FR 14290, Apr. 8,
1991)
14 CFR 121.629 Operation in icing conditions.
(a) No person may dispatch or release an aircraft, continue to
operate an aircraft en route, or land an aircraft when in the opinion of
the pilot in command or aircraft dispatcher (domestic and flag air
carriers only), icing conditions are expected or met that might
adversely affect the safety of the flight.
(b) No person may take off an aircraft when frost, snow, or ice is
adhering to the wings, control surfaces, or propellers of the aircraft.
14 CFR 121.631 Original dispatch or flight release, redispatch or
amendment of dispatch or flight release.
(a) A certificate holder may specify any regular, provisional, or
refueling airport, authorized for the type of aircraft, as a destination
for the purpose of original dispatch or release.
(b) No person may allow a flight to continue to an airport to which
it has been dispatched or released unless the weather conditions at an
alternate airport that was specified in the dispatch or flight release
are forecast to be at or above the alternate minimums specified in the
operations specifications for that airport at the time the aircraft
would arrive at the alternate airport. However, the dispatch or flight
release may be amended en route to include any alternate airport that is
within the fuel range of the aircraft as specified in 121.639 through
121.647.
(c) No person may change an original destination or alternate airport
that is specified in the original dispatch or flight release to another
airport while the aircraft is en route unless the other airport is
authorized for that type of aircraft and the appropriate requirements of
121.593 through 121.661 and 121.173 are met at the time of redispatch
or amendment of the flight release.
(d) Each person who amends a dispatch or flight release en route
shall record that amendment.
(Doc. No. 628, 29 FR 19222, Dec. 31, 1964, as amended by Amdt.
121-65, 35 FR 12709, Aug. 11, 1970)
121.633 (Reserved)
14 CFR 121.635 Dispatch to and from refueling or provisional airports:
Domestic and flag air carriers.
No person may dispatch an airplane to or from a refueling or
provisional airport except in accordance with the requirements of this
part applicable to dispatch from regular airports and unless that
airport meets the requirements of this part applicable to regular
airports.
(Amdt. 121-144, 43 FR 22649, May 25, 1978)
14 CFR 121.637 Takeoffs from unlisted and alternate airports: Domestic
and flag air carriers.
(a) No pilot may takeoff an airplane from an airport that is not
listed in the operations specifications unless --
(1) The airport and related facilities are adequate for the operation
of the airplane;
(2) He can comply with the applicable airplane operating limitations;
(3) The airplane has been dispatched according to dispatching rules
applicable to operation from an approved airport; and
(4) The weather conditions at that airport are equal to or better
than the following:
(i) Airports in the United States. The weather minimums for takeoff
prescribed in part 97 of this chapter; or where minimums are not
prescribed for the airport, 800-2, 900-1 1/2, or 1,000-1.
(ii) Airports outside the United States. The weather minimums for
takeoff prescribed or approved by the government of the country in which
the airport is located; or where minimums are not prescribed or
approved for the airport, 800-2, 900-1 1/2, or 1,000-1.
(b) No pilot may take off from an alternate airport unless the
weather conditions are at least equal to the minimums prescribed in the
air carrier's operations specifications for alternate airports.
(Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt.
121-33, 32 FR 13912, Oct. 6, 1967)
14 CFR 121.639 Fuel supply: All operations: domestic air carriers.
No person may dispatch or take off an airplane unless it has enough
fuel --
(a) To fly to the airport to which it is dispatched;
(b) Thereafter, to fly to and land at the most distant alternate
airport (where required) for the airport to which dispatched; and
(c) Thereafter, to fly for 45 minutes at normal cruising fuel
consumption.
14 CFR 121.641 Fuel supply: nonturbine and turbo-propeller-powered
airplanes: Flag air carriers.
(a) No person may dispatch or take off a nonturbine or
turbo-propeller-powered airplane unless, considering the wind and other
weather conditions expected, it has enough fuel --
(1) To fly to and land at the airport to which it is dispatched;
(2) Thereafter, to fly to and land at the most distant alternate
airport specified in the dispatch release; and
(3) Thereafter, to fly for 30 minutes plus 15 percent of the total
time required to fly at normal cruising fuel consumption to the airports
specified in paragraphs (a) (1) and (2) of this section or to fly for 90
minutes at normal cruising fuel consumption, whichever is less.
(b) No person may dispatch a nonturbine or turbo-propeller-powered
airplane to an airport for which an alternate is not specified under
121.621(a)(2), unless it has enough fuel, considering wind and forecast
weather conditions, to fly to that airport and thereafter to fly for
three hours at normal cruising fuel consumption.
14 CFR 121.643 Fuel supply: Nonturbine and turbo-propeller-powered
airplanes; supplemental air carriers and commercial operators.
(a) Except as provided in paragraph (b) of this section, no person
may release for flight or takeoff a nonturbine or
turbo-propeller-powered airplane unless, considering the wind and other
weather conditions expected, it has enough fuel --
(1) To fly to and land at the airport to which it is released;
(2) Thereafter, to fly to and land at the most distant alternate
airport specified in the flight release; and
(3) Thereafter, to fly for 45 minutes at normal cruising fuel
consumption.
(b) If the airplane is released for any flight other than from one
point in the contiguous United States to another point in the contiguous
United States, it must carry enough fuel to meet the requirements of
paragraphs (a) (1) and (2) of this section and thereafter fly for 30
minutes plus 15 percent of the total time required to fly at normal
cruising fuel consumption to the airports specified in paragraphs (a)
(1) and (2) of this section, or to fly for 90 minutes at normal cruising
fuel consumption, whichever is less.
(c) No person may release a nonturbine or turbo-propeller-powered
airplane to an airport for which an alternate is not specified under
121.623(b), unless it has enough fuel, considering wind and other
weather conditions expected, to fly to that airport and thereafter to
fly for three hours at normal cruising fuel consumption.
(Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt.
121-10, 30 FR 10025, Aug. 12, 1965)
14 CFR 121.645 Fuel supply: Turbine-engine powered airplanes, other
than turbo propeller; flag and supplemental air carriers and commercial
operators.
(a) Any flag air carrier operation within the 48 contiguous United
States and the District of Columbia may use the fuel requirements of
121.639.
(b) For any flag air carrier, supplemental air carrier, or commercial
operator operation outside the 48 contiguous United States and the
District of Columbia, unless authorized by the Administrator in the
operations specifications, no person may release for flight or takeoff a
turbine-engine powered airplane (other than a turbo-propeller powered
airplane) unless, considering wind and other weather conditions
expected, it has enough fuel --
(1) To fly to and land at the airport to which it is released;
(2) After that, to fly for a period of 10 percent of the total time
required to fly from the airport of departure to, and land at, the
airport to which it was released;
(3) After that, to fly to and land at the most distant alternate
airport specified in the flight release, if an alternate is required;
and
(4) After that, to fly for 30 minutes at holding speed at 1,500 feet
above the alternate airport (or the destination airport if no alternate
is required) under standard temperature conditions.
(c) No person may release a turbine-engine powered airplane (other
than a turbo-propeller airplane) to an airport for which an alternate is
not specified under 121.621(a)(2) or 121.623(b) unless it has enough
fuel, considering wind and other weather conditions expected, to fly to
that airport and thereafter to fly for at least two hours at normal
cruising fuel consumption.
(d) The Administrator may amend the operations specifications of a
flag or supplemental air carrier or commercial operator to require more
fuel than any of the minimums stated in paragraph (a) or (b) of this
section if he finds that additional fuel is necessary on a particular
route in the interest of safety.
(e) For a supplemental air carrier or commercial operator operation
within the 48 contiguous States and the District of Columbia with a
turbine engine powered airplane the fuel requirements of 121.643 apply.
(Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt.
121-10, 30 FR 10025, Aug. 12, 1965; Amdt. 121-144, 43 FR 22649, May 25,
1978)
14 CFR 121.647 Factors for computing fuel required.
Each person computing fuel required for the purposes of this subpart
shall consider the following:
(a) Wind and other weather conditions forecast.
(b) Anticipated traffic delays.
(c) One instrument approach and possible missed approach at
destination.
(d) Any other conditions that may delay landing of the aircraft.
For the purposes of this section, required fuel is in addition to
unusable fuel.
14 CFR 121.649 Takeoff and landing weather minimums: VFR: Domestic
air carriers.
(a) Except as provided in paragraph (b) of this section, regardless
of any clearance from ATC, no pilot may takeoff or land an airplane
under VFR when the reported ceiling or visibility is less than the
following:
(1) For day operations -- 1,000-foot ceiling and one-mile visibility.
(2) For night operations -- 1,000-foot ceiling and two-mile
visibility.
(b) Where a local surface restriction to visibility exists (e.g.,
smoke, dust, blowing snow or sand) the visibility for day and night
operations may be reduced to 1/2 mile, if all turns after takeoff and
prior to landing, and all flight beyond one mile from the airport
boundary can be accomplished above or outside the area of local surface
visibility restriction.
(c) The weather minimums in this section do not apply to the VFR
operation of fixed-wing aircraft in any control zone listed in 93.113
of this chapter. The basic VFR weather minimums in 91.155 of this
chapter apply at those locations.
(Doc. No. 6258, 29 FR 19222, Dec. 31, 1964 as amended by Amdt.
121-39, 33 FR 4097, Mar. 2, 1968; Amdt. 121-206, 54 FR 34331, Aug. 18,
1989; Amdt. 121-226, 56 FR 65663, Dec. 17, 1991)
Effective Date Note: By Amdt. 121-226, 56 FR 65663, Dec. 17, 1991,
121.649 was amended by revising paragraph (c), effective September 16,
1993. For the convenience of the user, the revised text follows.
121.649 Takeoff and landing weather minimums: VFR: Domestic air
carriers.
(c) The weather minimums in this section do not apply to the VFR
operation of fixed-wing aircraft at any of the locations where the
special weather minimums of 91.157 of this chapter are not applicable
(See part 91, appendix D, section 3 of this chapter). The basic VFR
weather minimums of 91.155 of this chapter apply at those locations.
14 CFR 121.651 Takeoff and landing weather minimums: IFR: All
certificate holders.
(a) Notwithstanding any clearance from ATC, no pilot may begin a
takeoff in an airplane under IFR when the weather conditions reported by
the U.S. National Weather Service, a source approved by that Service, or
a source approved by the Administrator, are less than those specified in
--
(1) The certificate holder's operations specifications; or
(2) Parts 91 and 97 of this chapter, if the certificate holder's
operations specifications do not specify takeoff minimums for the
airport.
(b) Except as provided in paragraph (d) of this section, no pilot may
continue an approach past the final approach fix, or where a final
approach fix is not used, begin the final approach segment of an
instrument approach procedure --
(1) At any airport, unless the U.S. National Weather Service, a
source approved by that Service, or a source approved by the
Administrator, issues a weather report for that airport; and
(2) At airports within the United States and its territories or at
U.S. military airports, unless the latest weather report for that
airport issued by the U.S. National Weather Service, a source approved
by that Service, or a source approved by the Administrator, reports the
visibility to be equal to or more than the visibility minimums
prescribed for that procedure. For the purpose of this section, the
term ''U.S. military airports'' means airports in foreign countries
where flight operations are under the control of U.S. military
authority.
(c) If a pilot has begun the final approach segment of an instrument
approach procedure in accordance with paragraph (b) of this section and
after that receives a later weather report indicating below-minimum
conditions, the pilot may continue the approach to DH or MDA. Upon
reaching DH or at MDA, and at any time before the missed approach point,
the pilot may continue the approach below DH or MDA and touch down if --
(1) The aircraft is continuously in a position from which a descent
to a landing on the intended runway can be made at a normal rate of
descent using normal maneuvers, and where that descent rate will allow
touchdown to occur within the touchdown zone of the runway of intended
landing;
(2) The flight visibility is not less than the visibility prescribed
in the standard instrument approach procedure being used;
(3) Except for Category II or Category III approaches where any
necessary visual reference requirements are specified by authorization
of the Administrator, at least one of the following visual references
for the intended runway is distinctly visable and identifiable to the
pilot:
(i) The approach light system, except that the pilot may not descend
below 100 feet above the touchdown zone elevation using the approach
lights as a reference unless the red terminating bars or the red side
row bars are also distinctly visible and identifiable.
(ii) The threshold.
(iii) The threshold markings.
(iv) The threshold lights.
(v) The runway end identifier lights.
(vi) The visual approach slope indicator.
(vii) The touchdown zone or touchdown zone markings.
(viii) The touchdown zone lights.
(ix) The runway or runway markings.
(x) The runway lights; and
(4) When the aircraft is on a straight-in nonprecision approach
procedure which incorporates a visual descent point, the aircraft has
reached the visual descent point, except where the aircraft is not
equipped for or capable of establishing that point, or a descent to the
runway cannot be made using normal procedures or rates of descent if
descent is delayed until reaching that point.
(d) A pilot may begin the final approach segment of an instrument
approach procedure other than a Category II or Category III procedure at
an airport when the visibility is less than the visibility minimums
prescribed for that procedure if that airport is served by a operative
ILS and an operative PAR, and both are used by the pilot. However, no
pilot may operate an aircraft below the authorized MDA, or continue an
approach below the authorized DH, unless --
(1) The aircraft is continuously in a position from which a descent
to a landing on the intended runway can be made at a normal rate of
descent using normal maneuvers and where such a descent rate will allow
touchdown to occur within the touchdown zone of the runway of intended
landing;
(2) The flight visibility is not less than the visibility prescribed
in the standard instrument approach procedure being used; and
(3) Except for Category II or Category III approaches where any
necessary visual reference requirements are specified by the
authorization of the Administrator, at least one of the following visual
references for the intended runway is distinctly visible and
identifiable to the pilot:
(i) The approach light system, except that the pilot may not descend
below 100 feet above the touchdown zone elevation using the approach
lights as a reference unless the red terminating bars or the red side
row bars are also distinctly visible and identifiable.
(ii) The threshold.
(iii) The threshold markings.
(iv) The threshold lights.
(v) The runway end identifier lights.
(vi) The visual approach slope indicator.
(vii) The touchdown zone or touchdown zone markings.
(viii) The touchdown zone lights.
(ix) The runway or runway markings.
(x) The runway lights.
(e) For the purpose of this section, the final approach segment
begins at the final approach fix or facility prescribed in the
instrument approach procedure. When a final approach fix is not
prescribed for a procedure that includes a procedure turn, the final
approach segment begins at the point where the procedure turn is
completed and the aircraft is established inbound toward the airport on
the final approach course within the distance prescribed in the
procedure.
(f) Unless otherwise authorized in the certificate holder's
operations specifications, each pilot making an IFR takeoff, approach,
or landing at a foreign airport shall comply with the applicable
instrument approach procedures and weather minimums prescribed by the
authority having jurisdiction over the airport.
(Amdt. 121-166, 46 FR 2291, Jan. 8, 1981)
14 CFR 121.652 Landing weather minimums: IFR: All certificate
holders.
(a) If the pilot in command of an airplane has not served 100 hours
as pilot in command in operations under this part in the type of
airplane he is operating, the MDA or DH and visibility landing minimums
in the certificate holder's operations specification for regular,
provisional, or refueling airports are increased by 100 feet and
one-half mile (or the RVR equivalent). The MDA or DH and visibility
minimums need not be increased above those applicable to the airport
when used as an alternate airport, but in no event may the landing
minimums be less than 300 and 1. However, a Pilot in command employed
by an air taxi operator certificated under 135.2 of this chapter, may
credit flight time acquired in operations conducted for that operator
under part 91 in the same type airplane for up to 50 percent of the 100
hours of pilot in command experience required by this paragraph.
(b) The 100 hours of pilot in command experience required by
paragraph (a) of this section may be reduced (not to exceed 50 percent)
by substituting one landing in operations under this part in the type of
airplane for 1 required hour of pilot in command experience, if the
pilot has at least 100 hours as pilot in command of another type
airplane in operations under this part.
(c) Category II minimums and the sliding scale when authorized in the
certificate holder's operations specifications do not apply until the
pilot in command subject to paragraph (a) of this section meets the
requirements of that paragraph in the type of airplane he is operating.
(Amdt. 121-43, 33 FR 10843, July 31, 1968, as amended by Amdt.
121-143, 43 FR 22642, May 25, 1978)
121.653 (Reserved)
14 CFR 121.655 Applicability of reported weather minimums.
In conducting operations under 121.649 through 121.653, the ceiling
and visibility values in the main body of the latest weather report
control for VFR and IFR takeoffs and landings and for instrument
approach procedures on all runways of an airport. However, if the
latest weather report, including an oral report from the control tower,
contains a visibility value specified as runway visibility or runway
visual range for a particular runway of an airport, that specified value
controls for VFR and IFR landings and takeoffs and straight-in
instrument approaches for that runway.
14 CFR 121.657 Flight altitude rules.
(a) General. Notwithstanding 91.119 or any rule applicable outside
the United States, no person may operate an aircraft below the minimums
set forth in paragraphs (b) and (c) of this section, except when
necessary for takeoff or landing, or except when, after considering the
character of the terrain, the quality and quantity of meteorological
services, the navigational facilities available, and other flight
conditions, the Administrator prescribes other minimums for any route or
part of a route where he finds that the safe conduct of the flight
requires other altitudes. Outside of the United States the minimums
prescribed in this section are controlling unless higher minimums are
prescribed in the air carrier or commercial operator's operations
specifications or by the foreign country over which the aircraft is
operating.
(b) Day VFR operations. No domestic air carrier may operate a
passenger-carrying aircraft and no flag or supplemental air carrier or
commercial operator may operate any aircraft under VFR during the day at
an altitude less than 1,000 feet above the surface or less than 1,000
feet from any mountain, hill, or other obstruction to flight.
(c) Night VFR, IFR, and over-the-top operations. No person may
operate an aircraft under IFR including over-the-top or at night under
VFR at an altitude less than 1,000 feet above the highest obstacle
within a horizontal distance of five miles from the center of the
intended course, or, in designated mountainous areas, less than 2,000
feet above the highest obstacle within a horizontal distance of five
miles from the center of the intended course.
(d) Day over-the-top operations below minimum en route altitudes. A
person may conduct day over-the-top operations in an airplane at flight
altitudes lower than the minimum en route IFR altitudes if --
(1) The operation is conducted at least 1,000 feet above the top of
lower broken or overcast cloud cover;
(2) The top of the lower cloud cover is generally uniform and level;
(3) Flight visibility is at least five miles; and
(4) The base of any higher broken or overcast cloud cover is
generally uniform and level and is at least 1,000 feet above the minimum
en route IFR altitude for that route segment.
(Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt.
121-144, 43 FR 22649, May 25, 1978; Amdt. 121-206, 54 FR 34331, Aug.
18, 1989)
14 CFR 121.659 Initial approach altitude: Domestic and supplemental
air carriers and commercial operators.
(a) Except as provided in paragraph (b) of this section, when making
an initial approach to a radio navigation facility under IFR, no person
may descend an aircraft below the pertinent minimum altitude for initial
approach (as specified in the instrument approach procedure for that
facility) until his arrival over that facility has been definitely
established.
(b) When making an initial approach on a flight being conducted under
121.657(d), no pilot may commence an instrument approach until his
arrival over the radio facility has definitely been established. In
making an instrument approach under these circumstances no person may
descend an aircraft lower than 1,000 feet above the top of the lower
cloud or the minimum altitude determined by the Administrator for that
part of the IFR approach, whichever is lower.
14 CFR 121.661 Initial approach altitude: Flag air carriers.
When making an initial approach to a radio navigation facility under
IFR, no person may descend below the pertinent minimum altitude for
initial approach (as specified in the instrument approach procedure for
that facility) until his arrival over that facility has been definitely
established.
14 CFR 121.663 Responsibility for dispatch release: Domestic and flag
air carriers.
Each domestic and flag air carrier shall prepare a dispatch release
for each flight between specified points, based on information furnished
by an authorized aircraft dispatcher. The pilot in command and an
authorized aircraft dispatcher shall sign the release only if they both
believe that the flight can be made with safety. The aircraft
dispatcher may delegate authority to sign a release for a particular
flight, but he may not delegate his authority to dispatch.
14 CFR 121.665 Load manifest.
Each certificate holder is responsible for the preparation and
accuracy of a load manifest form before each takeoff. The form must be
prepared and signed for each flight by employees of the certificate
holder who have the duty of supervising the loading of aircraft and
preparing the load manifest forms or by other qualified persons
authorized by the certificate holder.
14 CFR 121.667 Flight plan: VFR and IFR: Supplemental air carriers
and commercial operators.
(a) No person may take off an aircraft unless the pilot in command
has filed a flight plan, containing the appropriate information required
by part 91, with the nearest FAA communication station or appropriate
military station or, when operating outside the United States, with
other appropriate authority. However, if communications facilities are
not readily available, the pilot in command shall file the flight plan
as soon as practicable after the aircraft is airborne. A flight plan
must continue in effect for all parts of the flight.
(b) When flights are operated into military airports, the arrival or
completion notice required by 91.153 and 91.169 may be filed with the
appropriate airport control tower or aeronautical communication facility
used for that airport.
(Doc. No. 6258, 29 FR 19222, Dec. 31, 1964 as amended by Amdt.
121-206, 54 FR 34331, Aug. 18, 1989
14 CFR 121.667 Subpart V -- Records and Reports
Source: Docket No. 6258, 29 FR 19226, Dec. 31, 1964, unless
otherwise noted.
14 CFR 121.681 Applicability.
This subpart prescribes requirements for the preparation and
maintenance of records and reports for all certificate holders.
14 CFR 121.683 Crewmember and dispatcher record.
(a) Each certificate holder shall --
(1) Maintain current records of each crewmember, and each aircraft
dispatcher (domestic and flag air carriers only), that shows whether or
not he complies with this chapter (e.g., proficiency and route checks,
airplane and route qualifications, training, any required physical
examinations, and flight time records); and
(2) Record each action taken concerning the release from employment
or physical or professional disqualification of any flight crewmember or
aircraft dispatcher (domestic and flag air carriers only) and keep the
record for at least six months thereafter.
(b) Supplemental air carriers and commercial operators: Each
supplemental air carrier and commercial operator shall maintain the
records required by paragraph (a) of this section at its principal
operations base, or at another location used by it and approved by the
Administrator.
(c) Computer record systems approved by the Administrator may be used
in complying with the requirements of paragraph (a) of this section.
(Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as amended by Amdt.
121-144, 43 FR 22649, May 25, 1978)
14 CFR 121.685 Aircraft record: Flag and domestic air carriers.
Each flag and domestic air carrier shall maintain a current list of
each aircraft that it operates in scheduled air transportation and shall
send a copy of the record and each change to the FAA Flight Standards
District Office charged with the overall inspection of its operations.
Airplanes of another air carrier operated under an interchange agreement
may be incorporated by reference.
(Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as amended by Amdt.
121-207, 54 FR 39293, Sept. 25, 1989)
14 CFR 121.687 Dispatch release: Flag and domestic air carriers.
(a) The dispatch release may be in any form but must contain at least
the following information concerning each flight:
(1) Identification number of the aircraft.
(2) Trip number.
(3) Departure airport, intermediate stops, destination airports, and
alternate airports.
(4) A statement of the type of operation (e.g., IFR, VFR).
(5) Minimum fuel supply.
(b) The dispatch release must contain, or have attached to it,
weather reports, available weather forecasts, or a combination thereof,
for the destination airport, intermediate stops, and alternate airports,
that are the latest available at the time the release is signed by the
pilot in command and dispatcher. It may include any additional
available weather reports or forecasts that the pilot in command or the
aircraft dispatcher considers necessary or desirable.
14 CFR 121.689 Flight release form: Supplemental air carriers and
commercial operators.
(a) Except as provided in paragraph (c) of this section, the flight
release may be in any form but must contain at least the following
information concerning each flight:
(1) Company or organization name.
(2) Make, model, and registration number of the aircraft being used.
(3) Flight or trip number, and date of flight.
(4) Name of each flight crewmember, flight attendant, and pilot
designated as pilot in command.
(5) Departure airport, destination airports, alternate airports, and
route.
(6) Minimum fuel supply (in gallons or pounds).
(7) A statement of the type of operation (e.g., IFR, VFR).
(b) The aircraft flight release must contain, or have attached to it,
weather reports, available weather forecasts, or a combination thereof,
for the destination airport, and alternate airports, that are the latest
available at the time the release is signed. It may include any
additional available weather reports or forecasts that the pilot in
command considers necessary or desirable.
(c) Each flag or domestic air carrier operating under the rules of
this part applicable to supplemental air carriers and commercial
operators shall comply with the dispatch or flight release forms
required for scheduled operations under this subpart.
121.691 (Reserved)
14 CFR 121.693 Load manifest: Air carriers and commercial operators.
The load manifest must contain the following information concerning
the loading of the airplane at takeoff time:
(a) The weight of the aircraft, fuel and oil, cargo and baggage,
passengers and crewmembers.
(b) The maximum allowable weight for that flight that must not exceed
the least of the following weights:
(1) Maximum allowable takeoff weight for the runway intended to be
used (including corrections for altitude and gradient, and wind and
temperature conditions existing at the takeoff time).
(2) Maximum takeoff weight considering anticipated fuel and oil
consumption that allows compliance with applicable en route performance
limitations.
(3) Maximum takeoff weight considering anticipated fuel and oil
consumption that allows compliance with the maximum authorized design
landing weight limitations on arrival at the destination airport.
(4) Maximum takeoff weight considering anticipated fuel and oil
consumption that allows compliance with landing distance limitations on
arrival at the destination and alternate airports.
(c) The total weight computed under approved procedures.
(d) Evidence that the aircraft is loaded according to an approved
schedule that insures that the center of gravity is within approved
limits.
(e) Names of passengers, unless such information is maintained by
other means by the air carrier or commercial operator.
(Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as amended by Amdt.
121-159, 45 FR 41595, June 19, 1980)
14 CFR 121.695 Disposition of load manifest, dispatch release, and
flight plans: Domestic and flag air carriers.
(a) The pilot in command of an airplane shall carry in the airplane
to its destination --
(1) A copy of the completed load manifest (or information from it,
except information concerning cargo and passenger distribution);
(2) A copy of the dispatch release; and
(3) A copy of the flight plan.
(b) The air carrier shall keep copies of the records required in this
section for at least three months.
(Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as amended by Amdt.
121-178, 47 FR 13316, Mar. 29, 1982)
14 CFR 121.697 Disposition of load manifest, flight release, and flight
plans: Supplemental air carriers and commercial operators.
(a) The pilot in command of an airplane shall carry in the airplane
to its destination the original or a signed copy of the --
(1) Load manifest;
(2) Flight release;
(3) Airworthiness release;
(4) Pilot route certification; and
(5) Flight plan.
(b) If a flight originates at the principal operations base of the
air carrier or commercial operator, it shall retain at that base a
signed copy of each document listed in paragraph (a) of this section.
(c) Except as provided in paragraph (d) of this section, if a flight
originates at a place other than the principal operations base of the
air carrier or commercial operator, the pilot in command (or another
person not aboard the airplane who is authorized by the carrier or
operator) shall, before or immediately after departure of the flight,
mail signed copies of the documents listed in paragraph (a) of this
section to the principal operations base.
(d) If a flight originates at a place other than the principal
operations base of the air carrier or commercial operator and there is
at that place a person to manage the flight departure for the air
carrier or commercial operator who does not himself depart on the
airplane, signed copies of the documents listed in paragraph (a) of this
section may be retained at that place for not more than 30 days before
being sent to the principal operations base of the air carrier or
commercial operator. However, the documents for a particular flight
need not be further retained at that place or be sent to the principal
operations base, if the originals or other copies of them have been
previously returned to the principal operations base.
(e) The supplemental air carrier or commercial operator shall:
(1) Identify in its operations manual the person having custody of
the copies of documents retained in accordance with paragraph (d) of
this section; and
(2) Retain at its principal operations base either the original or a
copy of the records required by this section for at least three months.
(Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as amended by Amdt.
121-123, 40 FR 44541, Sept. 29, 1975; Amdt. 121-143, 43 FR 22642, May
25, 1978; Amdt. 121-178, 47 FR 13316, Mar. 29, 1982)
121.698-121.699 (Reserved)
14 CFR 121.701 Maintenance log: Aircraft.
(a) Each person who takes action in the case of a reported or
observed failure or malfunction of an airframe, engine, propeller, or
appliance that is critical to the safety of flight shall make, or have
made, a record of that action in the airplane's maintenance log.
(b) Each certificate holder shall have an approved procedure for
keeping adequate copies of the record required in paragraph (a) of this
section in the airplane in a place readily accessible to each flight
crewmember and shall put that procedure in the certificate holder's
manual.
14 CFR 121.703 Mechanical reliability reports.
(a) Each certificate holder shall report the occurrence or detection
of each failure, malfunction, or defect concerning --
(1) Fires during flight and whether the related fire-warning system
functioned properly;
(2) Fires during flight not protected by a related fire-warning
system;
(3) False fire warning during flight;
(4) An engine exhaust system that causes damage during flight to the
engine, adjacent structure, equipment, or components;
(5) An aircraft component that causes accumulation or circulation of
smoke, vapor, or toxic or noxious fumes in the crew compartment or
passenger cabin during flight;
(6) Engine shutdown during flight because of flameout;
(7) Engine shutdown during flight when external damage to the engine
or airplane structure occurs;
(8) Engine shutdown during flight due to foreign object ingestion or
icing;
(9) Engine shutdown during flight of more than one engine;
(10) A propeller feathering system or ability of the system to
control overspeed during flight;
(11) A fuel or fuel-dumping system that affects fuel flow or causes
hazardous leakage during flight;
(12) A landing gear extension or retraction or opening or closing of
landing gear doors during flight;
(13) Brake system components that result in loss of brake actuating
force when the airplane is in motion on the ground;
(14) Aircraft structure that requires major repair;
(15) Cracks, permanent deformation, or corrosion of aircraft
structures, if more than the maximum acceptable to the manufacturer or
the FAA;
(16) Aircraft components or systems that result in taking emergency
actions during flight (except action to shut down an engine); and
(17) Emergency evacuation systems or components including all exit
doors, passenger emergency evacuation lighting systems, or evacuation
equipment that are found defective, or that fail to perform the intended
functions during an actual emergency or during training, testing,
maintenance, demonstrations, or inadvertent deployments.
(b) For the purpose of this section ''during flight'' means the
period from the moment the aircraft leaves the surface of the earth on
takeoff until it touches down on landing.
(c) In addition to the reports required by paragraph (a) of this
section, each certificate holder shall report any other failure,
malfunction, or defect in an aircraft that occurs or is detected at any
time if, in its opinion, that failure, malfunction, or defect has
endangered or may endanger the safe operation of an aircraft used by it.
(d) Each certificate holder shall send each report required by this
section, in writing, covering each 24-hour period beginning at 0900
local time of each day and ending at 0900 local time on the next day, to
the FAA Flight Standards District Office charged with the overall
inspection of the certificate holder. Each report of occurrences during
a 24-hour period must be mailed or delivered to that office within the
next 72 hours. However, a report that is due on Saturday or Sunday may
be mailed or delivered on the following Monday, and one that is due on a
holiday may be mailed or delivered on the next work day.
(e) The certificate holder shall transmit the reports required by
this section in a manner and on a form that is convenient to its system
of communication and procedure, and shall include in the first daily
report as much of the following as is available:
(1) Type and identification number of the aircraft.
(2) The name of the operator.
(3) The date, flight number, and stage during which the incident
occurred (e.g., preflight, takeoff, climb, cruise, desent landing, and
inspection).
(4) The emergency procedure effected (e.g., unscheduled landing and
emergency descent).
(5) The nature of the failure, malfunction, or defect.
(6) Identification of the part and system involved, including
available information pertaining to type designation of the major
component and time since overhaul.
(7) Apparent cause of the failure, malfunction, or defect (e.g.,
wear, crack, design deficiency, or personnel error).
(8) Whether the part was repaired, replaced, sent to the
manufacturer, or other action taken.
(9) Whether the aircraft was grounded.
(10) Other pertinent information necessary for more complete
identification, determination of seriousness, or corrective action.
(f) A certificate holder that is also the holder of a Type
Certificate (including a Supplemental Type Certificate), a Parts
Manufacturer Approval (PMA), or a TSO authorization, or that is the
licensee of a Type Certificate, need not report a failure, malfunction,
or defect under this section if the failure, malfunction, or defect has
been reported by it under 21.3 of this chapter or 37.17 of this
chapter or under the accident reporting provisions of part 830 of the
regulations of the National Transportation Safety Board.
(g) No person may withhold a report required by this section even
though all information required in this section is not available.
(h) When certificate holder gets additional information, including
information from the manufacturer or other agency, concerning a report
required by this section, it shall expeditiously submit it as a
supplement to the first report and reference the date and place of
submission of the first report.
(Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as amended by Doc. No.
8084, 32 FR 5770, Apr. 11, 1967; Amdt. 121-72, 35 FR 18188, Nov. 28,
1970; Amdt. 121-143, 43 FR 22642, May 25, 1978; Amdt. 121-178, 47 FR
13316, Mar. 29, 1982; Amdt. 121-187, 50 FR 32375, Aug. 9, 1985; Amdt.
121-195, 53 FR 8728, Mar. 16, 1988)
14 CFR 121.705 Mechanical interruption summary report.
Each certificate holder shall regularly and promptly send a summary
report on the following occurrences to the Administrator:
(a) Each interruption to a flight, unscheduled change of aircraft en
route, or unscheduled stop or diversion from a route, caused by known or
suspected mechanical difficulties or malfunctions that are not required
to be reported under 121.703.
(b) The number of engines removed prematurely because of malfunction,
failure or defect, listed by make and model and the aircraft type in
which it was installed.
(c) The number of propeller featherings in flight, listed by type of
propeller and engine and aircraft on which it was installed. Propeller
featherings for training, demonstration, or flight check purposes need
not be reported.
(Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as amended by Amdt.
121-10, 30 FR 10025, Aug. 12, 1965)
14 CFR 121.707 Alteration and repair reports.
(a) Each certificate holder shall, promptly upon its completion,
prepare a report of each major alteration or major repair of an
airframe, aircraft engine, propeller, or appliance of an aircraft
operated by it.
(b) The certificate holder shall submit a copy of each report of a
major alteration to, and shall keep a copy of each report of a major
repair available for inspection by, the representative of the
Administrator who is assigned to it.
14 CFR 121.709 Airworthiness release or aircraft log entry.
(a) No certificate holder may operate an aircraft after maintenance,
preventive maintenance or alterations are performed on the aircraft
unless the certificate holder, or the person with whom the certificate
holder arranges for the performance of the maintenance, preventive
maintenance, or alterations, prepares or causes to be prepared --
(1) An airworthiness release; or
(2) An appropriate entry in the aircraft log.
(b) The airworthiness release or log entry required by paragraph (a)
of this section must --
(1) Be prepared in accordance with the procedures set forth in the
certificate holder's manual;
(2) Include a certification that --
(i) The work was performed in accordance with the requirements of the
certificate holder's manual;
(ii) All items required to be inspected were inspected by an
authorized person who determined that the work was satisfactorily
completed;
(iii) No known condition exists that would make the airplane
unairworthy; and
(iv) So far as the work performed is concerned, the aircraft is in
condition for safe operation; and
(3) Be signed by an authorized certificated mechanic or repairman
except that a certificated repairman may sign the release or entry only
for the work for which he is employed and certificated.
Notwithstanding paragraph (b)(3) of this section, after maintenance,
preventive maintenance, or alterations performed by a repair station
certificated under the provisions of subpart C of part 145, the
airworthiness release or log entry required by paragraph (a) of this
section may be signed by a person authorized by that repair station.
(c) When an airworthiness release form is prepared the certificate
holder must give a copy to the pilot in command and must keep a record
thereof for at least two months.
(d) Instead of restating each of the conditions of the certification
required by paragraph (b) of this section, the air carrier may state in
its manual that the signature of an authorized certificated mechanic or
repairman constitutes that certification.
(Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as amended by Amdt.
121-6, 30 FR 6432, May 8, 1965; Amdt. 121-21, 31 FR 10613, Aug. 9,
1966)
14 CFR 121.711 Communication records: Domestic and flag air carriers.
Each domestic and flag air carrier shall record each en route radio
contact between the air carrier and its pilots and shall keep that
record for at least 30 days.
14 CFR 121.713 Retention of contracts and amendments: Commercial
operator.
Each commercial operator shall keep a copy of each written contract
under which it provides services as a commercial operator for a period
of at least one year after the date of execution of the contract. In
the case of an oral contract, it shall keep a memorandum stating its
elements, and of any amendments to it, for a period of at least one year
after the execution of that contract or change.
14 CFR 121.715 In-flight medical emergency reports.
(a) For a period of 24 months commencing with the effective date of
this rule, each certificate holder shall maintain records on each
medical emergency occurring during flight time resulting in use of the
emergency medical kit required under appendix A, diversion of the
aircraft, or death of a passenger or crewmember. These records shall
include a description of how the medical kit was used, by whom, and the
outcome of the medical emergency.
(b) The certificate holder shall submit these records, or a summary
thereof, to its assigned FAA Principal Operations Inspector within 30
days after the end of each 12-month period during the 24 months
specified in paragraph (a).
(Doc. No. 21369, Amdt. No. 121-188, 51 FR 1223, Jan. 9, 1986)
14 CFR 121.715 Subpart W -- Crewmember Certificate: International
14 CFR 121.721 Applicability.
This subpart describes the certificates that are issued to United
States citizens who are employed by air carriers or commercial operators
as flight crewmembers or crewmembers on United States registered
aircraft engaged in international air commerce. The purpose of the
certificate is to facilitate the entry and clearance of those
crewmembers into ICAO contracting states. They are issued under Annex
9, as amended, to the Convention on International Civil Aviation.
(Docket No. 6258, 29 FR 19228, Dec. 31, 1964)
14 CFR 121.723 Application and issue.
(a) Application for a crewmember certificate is made on form FAA-2116
''Application for Crewmember Certificate,'' and submitted to the nearest
Flight Standards District Office. The certificate is issued on form
FAA-2116.1 ''Crewmember Certificate.''
(b) The holder of a certificate issued under this subpart, or the air
carrier or commercial operator by whom the holder is employed, shall
surrender the certificate for cancellation at the nearest Flight
Standards District Office, or submit it for cancellation to the Airman
Certification Branch, AVN-460, P.O. Box 25082, Oklahoma City, OK 73125,
at the termination of the holder's employment with that carrier or
operator.
(Amdt. 121-143, 43 FR 22642, May 25, 1978, as amended by Amdt.
121-207, 54 FR 39293, Sept. 25, 1989)
14 CFR 121.723 Pt. 121, App. A
14 CFR 121.723 Appendix A to Part 121 -- First-Aid Kits and Emergency
Medical Kits
Approved first-aid kits required by 121.309 must meet the following
specifications and requirements:
(1) Each first-aid kit must be dust and moisture proof, and contain
only materials that either meet Federal Specification GG-K-391a, as
revised, or are approved.
(2) Required first-aid kits must be distributed as evenly as
practicable throughout the aircraft and be readily accessible to the
cabin flight attendants.
(3) The minimum number of first-aid kits required is set forth in the
following table:
(4) Except as provided in paragraph (5), each first-aid kit must
contain at least the following or other approved contents:
(5) Arm and leg splints which do not fit within a first-aid kit may
be stowed in a readily accessible location that is as near as
practicable to the kit.
The approved emergency medical kit required by 121.309 for passenger
flights must meet the following specifications and requirements:
(1) Approved emergency medical equipment shall be stored securely so
as to keep it free from dust, moisture, and damaging temperatures.
(2) One approved emergency medical kit shall be provided for each
aircraft during each passenger flight and shall be located so as to be
readily accessible to crewmembers.
(3) The approved emergency medical kit must contain, as a minimum,
the following appropriately maintained contents in the specified
quantities:
(Amdt. 121-107, 38 FR 35234, Dec. 26, 1973, as amended by Amdt.
121-115, 40 FR 1039, Jan. 6, 1975; Amdt. 121-188, 51 FR 1223, Jan. 9,
1986)
14 CFR 121.723 Pt. 121, App. B
(Doc. No. 25530, Amdt. 121-197, 53 FR 26147, July 11, 1988; 53 FR
30906, Aug. 16, 1988)
14 CFR 121.723 Pt. 121, App. C
14 CFR 121.723 Appendix C to Part 121 -- C-46 Nontransport Category
Airplanes
1. Required engines. (a) Except as provided in paragraph (b) of this
section, the engines specified in subparagraphs (1) or (2) of this
section must be installed in C-46 nontransport category airplanes
operated at gross weights exceeding 45,000 pounds:
(1) Pratt and Whitney R2800-51-M1 or R2800-75-M1 engines (engines
converted from basic model R2800-51 or R2800-75 engines in accordance
with FAA approved data) that --
(i) Conform to Engine Specification 5E-8;
(ii) Conform to the applicable portions of the operator's manual;
(iii) Comply with all the applicable airworthiness directives; and
(iv) Are equipped with high capacity oil pump drive gears in
accordance with FAA approved data.
(2) Other engines found acceptable by the FAA Regional Flight
Standards Division having type certification responsibility for the C-46
airplane.
(b) Upon application by an operator conducting cargo operations with
nontransport category C-46 airplanes between points within the State of
Alaska, the appropriate FAA Flight Standards District Office, Alaskan
Region, may authorize the operation of such airplanes, between points
within the State of Alaska; without compliance with paragraph (a) of
this section if the operator shows that, in its area of operation,
installation of the modified engines is not necessary to provide
adequate cooling for single-engine operations. Such authorization and
any conditions or limitations therefor is made a part of the Operations
Specifications of the operator.
2. Minimum acceptable means of complying with the special
airworthiness requirements. Unless otherwise authorized under 121.213,
the data set forth in 3 through 34 of this appendix, as correlated to
the C-46 nontransport category airplane, is the minimum means of
compliance with the special airworthiness requirements of 121.215
through 121.281.
3. Susceptibility of material to fire. (Deleted as unnecessary)
4. Cabin interiors. C-46 crew compartments must meet all the
requirements of 121.215, and, as required in 121.221, the door between
the crew compartment and main cabin (cargo) compartment must be flame
resistant.
5. Internal doors. Internal doors, including the crew to main cabin
door, must meet all the requirements of 121.217.
6. Ventilation. Standard C-46 crew compartments meet the ventilation
requirements of 121.219 if a means of ventilation for controlling the
flow of air is available between the crew compartment and main cabin.
The ventilation requirement may be met by use of a door between the crew
compartment and main cabin. The door need not have louvers installed;
however, if louvers are installed, they must be controllable.
7. Fire precautions. Compliance is required with all the provisions
of 121.221.
(a) In establishing compliance with this section, the C-46 main cabin
is considered as a Class A compartment if --
(1) The operator utilizes a standard system of cargo loading and
tiedown that allows easy access in flight to all cargo in such
compartment, and, such system is included in the appropriate portion of
the operator's manual; and
(2) A cargo barrier is installed in the forward end of the main cabin
cargo compartment. The barrier must --
(i) Establish the most forward location beyond which cargo cannot be
carried;
(ii) Protect the components and systems of the airplane that are
essential to its safe operation from cargo damage; and
(iii) Permit easy access, in flight, to cargo in the main cabin cargo
compartment.
The barrier may be a cargo net or a network of steel cables or other
means acceptable to the Administrator which would provide equivalent
protection to that of a cargo net. The Barrier need not meet crash load
requirements of FAR 25.561; however, it must be attached to the cargo
retention fittings and provide the degree of cargo retention that is
required by the operators' standard system of cargo loading and tiedown.
(b) C-46 forward and aft baggage compartments must meet, as a
minimum, Class B requirements of this section or be placarded in a
manner to preclude their use as cargo or baggage compartments.
8. Proof of compliance. The demonstration of compliance required by
121.223 is not required for C-46 airplanes in which --
(1) The main cabin conforms to Class A cargo compartment requirements
of 121.219; and
(2) Forward and aft baggage compartments conform to Class B
requirements of 121.221, or are placarded to preclude their use as
cargo or baggage compartments.
9. Propeller deicing fluid. No change from the requirements of
121.225. Isopropyl alcohol is a combustible fluid within the meaning of
this section.
10. Pressure cross-feed arrangements, location of fuel tanks, and
fuel system lines and fittings. C-46 fuel systems which conform to all
applicable Curtiss design specifications and which comply with the FAA
type certification requirements are in compliance with the provisions of
121.227 through 121.231.
11. Fuel lines and fittings in designated fire zones. No change from
the requirements of 121.233.
12. Fuel valves. Compliance is required with all the provisions of
121.235. Compliance can be established by showing that the fuel system
conforms to all the applicable Curtiss design specifications, the FAA
type certification requirements, and, in addition, has explosion-proof
fuel booster pump electrical selector switches installed in lieu of the
open contact type used originally.
13. Oil lines and fittings in designated fire zones. No change from
the requirements of 121.237.
14. Oil valves. C-46 oil shutoff valves must conform to the
requirements of 121.239. In addition, C-46 airplanes using Hamilton
Standard propellers must provide, by use of stand pipes in the engine
oil tanks or other approved means, a positive source of oil for
feathering each propeller.
15. Oil system drains. The standard C-46 ''Y'' drains installed in
the main oil inlet line for each engine meet the requirements of
121.241.
16. Engine breather line. The standard C-46 engine breather line
installation meets the requirements of 121.243 if the lower breather
lines actually extend to the trailing edge of the oil cooler air exit
duct.
17. Firewalls and firewall construction. Compliance is required with
all of the provisions of 121.245 and 121.247. The following
requirements must be met in showing compliance with these sections:
(a) Engine compartment. The engine firewalls of the C-46 airplane
must --
(1) Conform to type design, and all applicable airworthiness
directives;
(2) Be constructed of stainless steel or approved equivalent; and
(3) Have fireproof shields over the fairleads used for the engine
control cables that pass through each firewall.
(b) Combustion heater compartment. C-46 airplanes must have a
combustion heater fire extinguishing system which complies with
AD-49-18-1 or an FAA approved equivalent.
18. Cowling. Standard C-46 engine cowling (cowling of aluminum
construction employing stainless steel exhaust shrouds) which conforms
to the type design and cowling configurations which conform to the C-46
transport category requirements meet the requirements of 121.249.
19. Engine accessory section diaphragm. C-46 engine nacelles which
conform to the C-46 transport category requirements meet the
requirements of 121.251. As provided for in that section, a means of
equivalent protection which does not require provision of a diaphragm to
isolate the engine power section and exhaust system from the engine
accessory compartment is the designation of the entire engine
compartment forward of and including the firewall as a designated fire
zone, and the installation of adequate fire detection and fire
extinguishing systems which meet the requirements of 121.263 and
121.273, respectively, in such zone.
20. Powerplant fire protection. C-46 engine compartments and
combustion heater compartments are considered as designated fire zones
within the meaning of 121.253.
21. Flammable fluids --
(a) Engine compartment. C-46 engine compartments which conform to
the type design and which comply with all applicable airworthiness
directives meet the requirements of 121.255.
(b) Combustion heater compartment. C-46 combustion heater
compartments which conform to type design and which meet all the
requirements of AD-49-18-1 or an FAA approved equivalent meet the
requirements of 121.255.
22. Shutoff means --
(a) Engine compartment. C-46 engine compartments which comply with
AD-62-10-2 or FAA approved equivalent meet the requirements of 121.257
applicable to engine compartments, if, in addition, a means satisfactory
to the Administrator is provided to shut off the flow of hydraulic fluid
to the cowl flap cylinder in each engine nacelle. The shutoff means
must be located aft of the engine firewall. The operator's manual must
include, in the emergency portion, adequate instructions for proper
operation of the additional shutoff means to assure correct sequential
positioning of engine cowl flaps under emergency conditions. In
accordance with 121.315, this positioning must also be incorporated in
the emergency section of the pilot's checklist.
(b) Combustion heater compartment. C-46 heater compartments which
comply with paragraph (5) of AD-49-18-1 or FAA approved equivalent meet
the requirements of 121.257 applicable to heater compartments if, in
addition, a shutoff valve located above the main cabin floor level is
installed in the alcohol supply line or lines between the alcohol supply
tank and those alcohol pumps located under the main cabin floor. If all
of the alcohol pumps are located above the main cabin floor, the alcohol
shutoff valve need not be installed. In complying with paragraph (5) of
AD-49-18-1, a fail-safe electric fuel shutoff valve may be used in lieu
of the manually operated valve.
23. Lines and fittings. -- (a) Engine compartment. C-46 engine
compartments which comply with all applicable airworthiness directives,
including AD-62-10-2, by using FAA approved fire-resistant lines, hoses,
and end fittings, and engine compartments which meet the C-46 transport
category requirements, meet the requirements of 121.259.
(b) Combustion heater compartments All lines, hoses, and end
fittings, and couplings which carry fuel to the heaters and heater
controls, must be of FAA approved fire-resistant construction.
24. Vent and drain lines. -- (a) Enginecompartment. C-46 engine
compartments meet the requirements of 121.261 if --
(1) The compartments conform to type design and comply with all
applicable airworthiness directives or FAA approved equivalent; and
(2) Drain lines from supercharger case, engine-driven fuel pump, and
engine-driven hydraulic pump reach into the scupper drain located in the
lower cowling segment.
(b) Combustion heater compartment. C-46 heater compartments meet the
requirements of 121.261 if they conform to AD-49-18-1 or FAA approved
equivalent.
25. Fire-extinguishing system. (a) To meet the requirements of
121.263, C-46 airplanes must have installed fire extinguishing systems
to serve all designated fire zones. The fire-extinguishing systems, the
quantity of extinguishing agent, and the rate of discharge shall be such
as to provide a minimum of one adequate discharge for each designated
fire zone. Compliance with this provision requires the installation of
a separate fire extinguisher for each engine compartment. Insofar as
the engine compartment is concerned, the system shall be capable of
protecting the entire compartment against the various types of fires
likely to occur in the compartment.
(b) Fire-extinguishing systems which conform to the C-46 transport
category requirements meet the requirements set forth in paragraph (a).
Furthermore, fire-extinguishing systems for combustion heater
compartments which conform to the requirements of AD-49-18-1 or an FAA
approved equivalent also meet the requirements in paragraph (a).
In addition, a fire-extinguishing system for C-46 airplanes meets the
adequacy requirement of paragraph (a) if it provides the same or
equivalent protection to that demonstrated by the CAA in tests conducted
in 1941 and 1942, using a CW-20 type engine nacelle (without diaphragm).
These tests were conducted at the Bureau of Standards facilities in
Washington, DC, and copies of the test reports are available through the
FAA Regional Engineering Offices. In this connection, the flow rates
and distribution of extinguishing agent substantiated in American
Airmotive Report No. 128-52-d, FAA approved February 9, 1953, provides
protection equivalent to that demonstrated by the CAA in the CW-20
tests. In evaluating any C-46 fire-extinguishing system with respect to
the aforementioned CW-20 tests, the Administration would require data in
a narrative form, utilizing drawings or photographs to show at least the
following:
Installation of containers; installation and routing of plumbing;
type, number, and location of outlets or nozzles; type, total volume,
and distribution of extinguishing agent; length of time required for
discharging; means for thermal relief, including type and location of
discharge indicators; means of discharging, e.g., mechanical
cutterheads, electric cartridge, or other method; and whether a one- or
two-shot system is used; and if the latter is used, means of
cross-feeding or otherwise selecting distribution of extinguishing
agent; and types of materials used in makeup of plumbing.
High rate discharge (HRD) systems using agents such as
bromotrifluoromethane, dibrodifluoromethane and chlorobromomethane (CB),
may also meet the requirements of paragraph (a).
26. Fire-extinguishing agents, Extinguishing agent container pressure
relief, Extinguishing agent container compartment temperatures, and
Fire-extinguishing system materials. No change from the requirements of
121.265 through 121.271.
27. Fire-detector system. Compliance with the requirements of
121.273 requires that C-46 fire detector systems conform to:
(a) AD-62-10-2 or FAA approved equivalent for engine compartments;
and
(b) AD-49-18-1 or FAA approved equivalent for combustion heater
compartments
28. Fire detectors. No change from the requirements of 121.275.
29. Protection of other airplane components against fire. To meet
the requirements of 121.277, C-46 airplanes must --
(a) Conform to the type design and all applicable airworthiness
directives; and
(b) Be modified or have operational procedures established to provide
additional fire protection for the wheel well door aft of each engine
compartment. Modifications may consist of improvements in sealing of
the main landing gear wheel well doors. An operational procedure which
is acceptable to the Agency is one requiring the landing gear control to
be placed in the up position in case of in-flight engine fire. In
accordance with 121.315, such procedure must be set forth in the
emergency portion of the operator's emergency checklist pertaining to
in-flight engine fire.
30. Control of engine rotation. C-46 propeller feathering systems
which conform to the type design and all applicable airworthiness
directives meet the requirements of 121.279.
31. Fuel system independence. C-46 fuel systems which conform to the
type design and all applicable airworthiness directives meet the
requirements of 121.281.
32. Induction system ice prevention. The C-46 carburetor anti-icing
system which conforms to the type design and all applicable
airworthiness directives meets the requirements of 121.283.
33. Carriage of cargo in passenger compartments. Section 121.285 is
not applicable to nontransport category C-46 cargo airplanes.
34. Carriage of cargo in cargo compartments. A standard cargo
loading and tiedown arrangement set forth in the operator's manual and
found acceptable to the Administrator must be used in complying with
121.287.
35. Performance data. Performance data on Curtiss model C-46
airplane certificated for maximum weight of 45,000 and 48,000 pounds for
cargo-only operations.
1. The following performance limitation data, applicable to the
Curtiss model C-46 airplane for cargo-only operation, must be used in
determining compliance with 121.199 through 121.205. These data are
presented in the tables and figures of this appendix.
(a) Curtiss C-46 certificated for maximum weight of 45,000 pounds.
(1) Effective length of runway required when effective length is
determined in accordance with 121.171 (distance to accelerate to 93
knots TIAS and stop, with zero wind and zero gradient). (Factor=1.00)
(2) Actual length of runway required when effective length,
considering obstacles, is not determined (distance to accelerate to 93
knots TIAS and stop, divided by the factor 0.85).
(b) Curtiss C-46 certificated for maximum weight 48,000 pounds.
(1) Effective length of runway required when effective length is
determined in accordance with 121.171 (distance to accelerate to 93
knots TIAS and stop, with zero wind and zero gradient). (Factor=1.00)
(2) Actual length of runway required when effective length,
considering obstacles, is not determined (distance to accelerate to 93
knots TIAS and stop, divided by the factor 0.85).
(a) Curtiss model C-46 certificated for maximum weight of 45,000
pounds (based on a climb speed of 113 knots (TIAS)).
(b) Curtiss model C-46 certificated for maximum weight of 48,000
pounds or with engine installation approved for 2,550 revolutions per
minute (1,700 brake horsepower). Maximum continuous power in low blower
(based on a climb speed of 113 knots (TIAS)).
(a) Intended Destination.
Effective length of runway required for intended destination 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. (0.60 factor)
(2) Curtiss model C-46 certificated for maximum weight of 48,000
pounds. /1/ (0.60 factor.)
(b) Alternate Airports.
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.)
(2) Curtiss model C-46 certificated for maximum weight of 48,000
pounds. /1/ (0.70 factor.)
(c) Actual length of runway required when effective length,
considering obstacles, is not determined in accordance with 121.171.
(1) Curtiss model C-46 certificated for maximum weight of 45,000
pounds. (0.55 factor.)
(2) Curtiss C-46 certificated for maximum weight of 48,000 pounds.
/1/ (0.55 factor.)
Insert Illustration 8A
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(30 FR 258, Jan. 3, 1965; 30 FR 481, Jan. 14, 1965, as amended by
Amdt. 121-207, 54 FR 39293, Sept. 25, 1989)
14 CFR 121.723 Pt. 121, App. D
14 CFR 121.723 Appendix D to Part 121 -- Criteria for Demonstration of
Emergency Evacuation Procedures Under 121.291
(a) Aborted takeoff demonstration.
(1) The demonstration must be conducted either during the dark of the
night or during daylight with the dark of the night simulated. If the
demonstration is conducted indoors during daylight hours, it must be
conducted with each window covered and each door closed to minimize the
daylight effect. Illumination on the floor or ground may be used, but
it must be kept low and shielded against shining into the airplane's
windows or doors.
(2) The airplane must be a normal ground attitude with landing gear
extended.
(3) Stands or ramps may be used for descent from the wing to the
ground. Safety equipment such as mats or inverted life rafts may be
placed on the ground to protect participants. No other equipment that
is not part of the airplane's emergency evacuation may be used to aid
the participants in reaching the ground.
(4) The airplane's normal electrical power sources must be
deenergized.
(5) All emergency equipment for the type of passenger-carrying
operation involved must be installed in accordance with the certificate
holder's manual.
(6) Each external door and exit, and each internal door or curtain
must be in position to simulate a normal takeoff.
(7) A representative passenger load of persons in normal health must
be used. At least 30 percent must be females. At least 5 percent must
be over 60 years of age with a proportionate number of females. At
least 5 percent but not more than 10 percent must be children under 12
years of age, prorated through that age group. Three life-size dolls,
not included as part of the total passenger load, must be carried by
passengers to simulate live infants 2 years old or younger.
Crewmembers, mechanics, and training personnel, who maintain or operate
the airplane in the normal course of their duties, may not be used as
passengers.
(8) No passenger may be assigned a specific seat except as the
Administrator may require. Except as required by item (12) of this
paragraph, no employee of the certificate holder may be seated next to
an emergency exist.
(9) Seat belts and shoulder harnesses (as required) must be fastened.
(10) Before the start of the demonstration, approximately one-half of
the total average amount of carry-on baggage, blankets, pillows, and
other similar articles must be distributed at several locations in the
aisles and emergency exit access ways to create minor obstructions.
(11) The seating density and arrangement of the airplane must be
representative of the highest capacity passenger version of that
airplane the certificate holder operates or proposes to operate.
(12) Each crewmember must be a member of a regularly scheduled line
crew, must be seated in his normally assigned seat for takeoff, and must
remain in that seat until he receives the signal for commencement of the
demonstration.
(13) No crewmember or passenger may be given prior knowledge of the
emergency exits available for the demonstration.
(14) The certificate holder may not practice, rehearse, or describe
the demonstration for the participants nor may any participant have
taken part in this type of demonstration within the preceding 6 months.
(15) The pretakeoff passenger briefing required by 121.571 may be
given in accordance with the certificate holder's manual. The
passengers may also be warned to follow directions of crewmembers, but
may not be instructed on the procedures to be followed in the
demonstration.
(16) If safety equipment as allowed by item (3) of this section is
provided, either all passenger and cockpit windows must be blacked out
or all of the emergency exits must have safety equipment in order to
prevent disclosure of the available emergency exits.
(17) Not more than 50 percent of the emergency exits in the sides of
the fuselage of an airplane that meet all of the requirements applicable
to the required emergency exits for that airplane may be used for the
demonstration. Exits that are not to be used in the demonstration must
have the exit handle deactivated or must be indicated by red lights, red
tape, or other acceptable means, placed outside the exits to indicate
fire or other reason that they are unusable. The exits to be used must
be representative of all of the emergency exits on the airplane and must
be designated by the certificate holder, subject to approval by the
Administrator. At least one floor level exit must be used.
(18) All evacuees, except those using an over-the-wing exit, must
leave the airplane by a means provided as part of the airplane's
equipment.
(19) The certificate holders approved procedures and all of the
emergency equipment that is normally available, including slides, ropes,
lights, and megaphones, must be fully utilized during the demonstration.
(20) The evacuation time period is completed when the last occupant
has evacuated the airplane and is on the ground. Evacuees using stands
or ramps allowed by item (3) above are considered to be on the ground
when they are on the stand or ramp: Provided, That the acceptance rate
of the stand or ramp is no greater than the acceptance rate of the means
available on the airplane for descent from the wing during an actual
crash situation.
(b) Ditching demonstration. The demonstration must assume that
daylight hours exist outside the airplane, and that all required
crewmembers are available for the demonstration.
(1) If the certificate holder's manual requires the use of passengers
to assist in the launching of liferafts, the needed passengers must be
aboard the airplane and participate in the demonstration according to
the manual.
(2) A stand must be placed at each emergency exit and wing, with the
top of the platform at a height simulating the water level of the
airplane following a ditching.
(3) After the ditching signal has been received, each evacuee must
don a life vest according to the certificate holder's manual.
(4) Each liferaft must be launched and inflated, according to the
certificate holder's manual, and all other required emergency equipment
must be placed in rafts.
(5) Each evacuee must enter a liferaft, and the crewmembers assigned
to each liferaft must indicate the location of emergency equipment
aboard the raft and describe its use.
(6) Either the airplane, a mockup of the airplane or a floating
device simulating a passenger compartment must be used.
(i) If a mockup of the airplane is used, it must be a life-size
mockup of the interior and representative of the airplane currently used
by or proposed to be used by the certificate holder, and must contain
adequate seats for use of the evacuees. Operation of the emergency
exits and the doors must closely simulate those on the airplane.
Sufficient wing area must be installed outside the over-the-wing exits
to demonstrate the evacuation.
(ii) If a floating device simulating a passenger compartment is used,
it must be representative, to the extent possible, of the passenger
compartment of the airplane used in operations. Operation of the
emergency exits and the doors must closely simulate operation on that
airplane. Sufficient wing area must be installed outside the
over-the-wing exits to demonstrate the evacuation. The device must be
equipped with the same survival equipment as is installed on the
airplane, to accommodate all persons participating in the demonstration.
(Amdt. 121-2, 30 FR 3206, Mar. 9, 1965, as amended by Amdt. 121-30,
32 FR 13268, Sept. 20, 1967; Amdt. 121-41, 33 FR 9067, June 20, 1968;
Amdt. 121-46, 34 FR 5545, Mar. 22, 1969; Amdt. 121-47, 34 FR 11489,
July 11, 1969)
14 CFR 121.723 Pt. 121, App. E
14 CFR 121.723 Appendix E to Part 121 -- Flight Training Requirements
The maneuvers and procedures required by 121.424 of this part for
pilot initial, transition, and upgrade flight training are set forth in
the certificate holder's approved low-altitude windshear flight training
program and in this appendix and must be performed inflight except that
windshear maneuvers and procedures must be performed in an airplane
simulator in which the maneuvers and procedures are specifically
authorized to be accomplished and except to the extent that certain
other maneuvers and procedures may be performed in an airplane simulator
with a visual system (visual simulator), an airplane simulator without a
visual system (nonvisual simulator), a training device, or a static
airplane as indicated by the appropriate symbol in the respective column
opposite the maneuver or procedure.
Whenever a maneuver or procedure is authorized to be performed in a
nonvisual simulator, it may be performed in a visual simulator; when
authorized in a training device, it may be performed in a visual or
nonvisual simulator, and in some cases, a static airplane. Whenever the
requirement may be performed in either a training device or a static
airplane, the appropriate symbols are entered in the respective columns.
For the purpose of this appendix, the following symbols mean --
P=Pilot in Command (PIC).
S=Second in Command (SIC).
B=PIC and SIC.
F=Flight Engineer.
PJ=PIC transition Jet to Jet.
PP=PIC transition Prop. to Prop.
SJ=SIC transition Jet to Jet.
SP=SIC transition Prop. to Prop.
AT=All transition categories (PJ, PP, SJ, SP).
PS=SIC upgrading to PIC (same airplane).
SF=Flight Engineer upgrading to SIC (same airplane).
BU=Both SIC and Flight Engineer upgrading (same airplane).
14 CFR 121.723 Pt. 121, App. F
14 CFR 121.723 Appendix F to Part 121 -- Proficiency Check Requirements
The maneuvers and procedures required by 121.441 for pilot
proficiency checks are set forth in this appendix and must be performed
inflight except to the extent that certain maneuvers and procedures may
be performed in an airplane simulator with a visual system (visual
simulator), an airplane simulator without a visual system (nonvisual
simulator), or a training device as indicated by the appropriate symbol
in the respective column opposite the maneuver or procedure.
Whenever a maneuver or procedure is authorized to be performed in a
nonvisual simulator, it may also be performed in a visual simulator;
when authorized in a training device, it may be performed in a visual or
nonvisual simulator.
For the purpose of this appendix, the following symbols mean --
P=Pilot in Command.
B=Both Pilot in Command and Second in Command.
*=A symbol and asterisk (B*) indicates that a particular condition is
specified in the maneuvers and procedures column.
=When a maneuver is preceded by this symbol it indicates the
maneuver may be required in the airplane at the discretion of the person
conducting the check.
Throughout the maneuvers prescribed in this appendix, good judgment
commensurate with a high level of safety must be demonstrated. In
determining whether such judgment has been shown, the person conducting
the check considers adherence to approved procedures, actions based on
analysis of situations for which there is no prescribed procedure or
recommended practice, and qualities of prudence and care in selecting a
course of action.
(Amdt. 121-55, 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)
14 CFR 121.723 Pt. 121, App. G
14 CFR 121.723 Appendix G to Part 121 -- Doppler Radar and Inertial
Navigation System (INS): Request for Evaluation; Equipment and
Equipment Installation; Training Program; Equipment Accuracy and
Reliability; Evaluation Program
1. Application authority. (a) An applicant for authority to use a
Doppler Radar or Inertial Navigation System must submit a request for
evaluation of the system to the Flight Standards District Office or
International Field Office charged with the overall inspection of its
operations 30 days prior to the start of evaluation flights.
(b) The application must contain:
(1) A summary of experience with the system showing to the
satisfaction of the Administrator a history of the accuracy and
reliability of the system proposed to be used.
(2) A training program curriculum for initial approval under
121.405.
(3) A maintenance program for compliance with subpart L of this part.
(4) A description of equipment installation.
(5) Proposed revisions to the Operations Manual outlining all normal
and emergency procedures relative to use of the proposed system,
including detailed methods for continuing the navigational function with
partial or complete equipment failure, and methods for determining the
most accurate system when an unusually large divergence between systems
occurs. For the purpose of this appendix, a large divergence is a
divergence that results in a track that falls beyond clearance limits.
(6) Any proposed revisions to the minimum equipment list with
adequate justification therefor.
(7) A list of operations to be conducted using the system, containing
an analysis of each with respect to length, magnetic compass
reliability, availability of en route aids, and adequacy of gateway and
terminal radio facilities to support the system. For the purpose of
this appendix, a gateway is a specific navigational fix where use of
long range navigation commences or terminates.
2. Equipment and equipment installation -- Inertial Navigation
Systems (INS) orDoppler Radar System. (a) Inertial Navigation and
Doppler Radar Systems must be installed in accordance with applicable
airworthiness requirements.
(b) Cockpit arrangement must be visible and useable by either pilot
seated at his duty station.
(c) The equipment must provide, by visual, mechanical, or electrical
output signals, indications of the invalidity of output data upon the
occurrence of probable failures or malfunctions within the system.
(d) A probable failure or malfunction within the system must not
result in loss of the aircraft's required navigation capability.
(e) The alignment, updating, and navigation computer functions of the
system must not be invalidated by normal aircraft power interruptions
and transients.
(f) The system must not be the source of cause of objectionable radio
frequency interference, and must not be adversely affected by radio
frequency interference from other aircraft systems.
(g) The FAA-approved airplane flight manual, or supplement thereto,
must include pertinent material as required to define the normal and
emergency operating procedures and applicable operating limitations
associated with INS and Doppler performance (such as maximum latitude at
which ground alignment capability is provided, or deviations between
systems).
3. Equipment and equipment installation -- Inertial Navigation
Systems (INS). (a) If an applicant elects to use an Inertial Navigation
System it must be at least a dual system (including navigational
computers and reference units). At least two systems must be
operational at takeoff. The dual system may consist of either two INS
units, or one INS unit and one Doppler Radar unit.
(b) Each Inertial Navigation System must incorporate the following:
(1) Valid ground alignment capability at all latitudes appropriate
for intended use of the installation.
(2) A display of alignment status or a ready to navigate light
showing completed alignment to the flight crew.
(3) The present position of the airplane in suitable coordinates.
(4) Information relative to destinations or waypoint positions:
(i) The information needed to gain and maintain a desired track and
to determine deviations from the desired track.
(ii) The information needed to determine distance and time to go to
the next waypoint or destination.
(c) For INS installations that do not have memory or other inflight
alignment means, a separate electrical power source (independent of the
main propulsion system) must be provided which can supply, for at least
5 minutes, enough power (as shown by analysis or as demonstrated in the
airplane) to maintain the INS in such condition that its full capability
is restored upon the reactivation of the normal electrical supply.
(d) The equipment must provide such visual, mechanical, or electrical
output signals as may be required to permit the flight crew to detect
probable failures or malfunctions in the system.
4. Equipment and equipment installation -- Doppler Radar Systems.
(a) If an applicant elects to use a Doppler Radar System it must be at
least a dual system (including dual antennas or a combined antenna
designed for multiple operation), except that:
(1) A single operating transmitter with a standby capable of
operation may be used in lieu of two operating transmitters.
(2) Single heading source information to all installations may be
utilized, provided a compass comparator system is installed and
operational procedures call for frequent cross-checks of all compass
heading indicators by crewmembers.
The dual system may consist of either two Doppler Radar units or one
Doppler Radar unit and one INS unit.
(b) At least two systems must be operational at takeoff.
(c) As determined by the Administrator and specified in the
certificate holder's operations specifications, other navigational aids
may be required to update the Doppler Radar for a particular operation.
These may include Loran, Consol, DME, VOR, ADF, ground-based radar, and
airborne weather radar. When these aids are required, the cockpit
arrangement must be such that all controls are accessible to each pilot
seated at his duty station.
5. Training programs. The initial training program for Doppler Radar
and Inertial Navigation Systems must include the following:
(a) Duties and responsibilities of flight crewmembers, dispatchers,
and maintenance personnel.
(b) For pilots, instruction in the following:
(1) Theory and procedures, limitations, detection of malfunctions,
preflight and inflight testing, and cross-checking methods.
(2) The use of computers, an explanation of all systems, compass
limitations at high latitudes, a review of navigation, flight planning,
and applicable meteorolgy.
(3) The methods for updating by means of reliable fixes.
(4) The actual plotting of fixes.
(c) Abnormal and emergency procedures.
6. Equipment accuracy and reliability. (a) Each Inertial Navigation
System must meet the following accuracy requirements, as appropriate:
(1) For flights up to 10 hours' duration, no greater than 2 nautical
miles per hour of circular error on 95 percent of system flights
completed is permitted.
(2) For flights over 10 hours' duration, a tolerance of 20 miles
cross-track and 25 miles along-track on 95 percent of system flights
completed is permitted.
(b) Compass heading information to the Doppler Radar must be
maintained to an accuracy of 1 and total system deviations must not
exceed 2 . When free gyro techniques are used, procedures shall be
utilized to insure that an equivalent level of heading accuracy and
total system deviation is attained.
(c) Each Doppler Radar System must meet accuracy requirements of 20
miles cross-track and 25 miles along-track for 95 percent of the system
flights completed. Updating is permitted.
A system that does not meet the requirements of this section will be
considered a failed system.
7. Evaluation program. (a) Approval by evaluation must be requested
as a part of the application for operational approval of a Doppler Radar
or Inertial Navigation System.
(b) The applicant must provide sufficient flights which show to the
satisfaction of the Administrator the applicant's ability to use cockpit
navigation in his operation.
(c) The Administrator bases his evaluation on the following:
(1) Adequacy of operational procedures.
(2) Operational accuracy and reliability of equipment and feasibility
of the system with regard to proposed operations.
(3) Availability of terminal, gateway, area, and en route
ground-based aids, if required, to support the self-contained system.
(4) Acceptability of cockpit workload.
(5) Adequacy of flight crew qualifications.
(6) Adequacy of maintenance training and availability of spare parts.
After successful completion of evaluation demonstrations, FAA
approval is indicated by issuance of amended operations specifications
and en route flight procedures defining the new operation. Approval is
limited to those operations for which the adequacy of the equipment and
the feasibility of cockpit navigation has been satisfactorily
demonstrated.
(Doc. No. 10204, Amdt. 121-89, 37 FR 6464, Mar. 30, 1972, as amended
by Amdt. 121-207, 54 FR 39293, Sept. 25, 1989)
14 CFR 121.723 Pt. 121, App. H
14 CFR 121.723 Appendix H to Part 121 -- Advanced Simulation Plan
This appendix provides guidelines and a means for achieving
flightcrew training in advanced airplane simulators. This plan for
achieving the goal of advanced simulation consists of three major phases
and an interim phase to facilitate the plan's implementation. The
three-phase plan is to provide standards for a progressive upgrade of
airplane simulators so that the total scope of flightcrew training can
be enhanced. Each phase builds on the preceding phase so that the final
advanced simulation phase includes all the requirements of preceding
phases. This appendix describes the simulator and visual system
requirements which must be achieved to obtain approval of certain types
of training in the simulator. The requirements in this appendix are in
addition to the simulator approval requirements in 121.407. Each
simulator which is used under this appendix must be approved as a Phase
I, II, or III simulator, as appropriate.
To obtain FAA approval of the simulator for a specific phase, the
following must be demonstrated to the satisfaction of the Administrator:
1. Documented proof of compliance with the appropriate simulator,
visual system, and additional training requirements of this appendix for
the phase for which approval is requested and preceding phases, if
appropriate.
2. An evaluation of the simulator to ensure that its ground, flight,
and landing performance matches the type of airplane simulated (Phase I
Approval Tests).
3. An evaluation of the appropriate simulator and visual system
requirements of the phase for which approval is requested and preceding
phases, if appropriate.
While a need exists for some flexibility in making changes in the
software program, strict scrutiny of these changes is essential to
ensure that the simulator retains its ability to duplicate the
airplane's flight and ground characteristics. Therefore, the following
procedure must be followed to allow these changes without affecting the
approval of an appendix H simulator:
1. Twenty-one calendar days before making changes to the software
program which might impact flight or ground dynamics of an appendix H
simulator, a complete list of these planned changes, including dynamics
related to the motion and visual systems, must be provided in writing to
the FAA office responsible for conducting the recurrent evaluation of
that simulator.
2. If the FAA does not object to the planned change within 21
calendar days, the operator may make the change.
3. Changes which might affect the approved simulator Phase I test
guide must be tested by the operator in the simulator to determine the
impact of the change before submission to the FAA.
4. Software changes actually installed must be summarized and
provided to the FAA. When the operator's test shows a difference in
simulator performance due to a change, an amended copy of the test guide
page which includes the new simulator test results will also be provided
to update the FAA's copy of the test guide.
5. The FAA may examine supporting data or flight check the simulator,
or both, to ensure that the aerodynamic quality of the simulator has not
been degraded by any change in software programing.
6. All requests for changes are evaluated on the basis of the same
criteria used in the initial approval of the simulator for Phase I, II,
or III.
Because of the strict tolerances and other approval requirements of
appendix H simulators, the simulator can provide realistic training with
certain nonessential items inoperative. Therefore, an operator may
operate its simulator under an MEL which has been approved by the
Administrator for that simulator. The MEL includes simulator components
and indicates the type of training or checking that is authorized if the
component becomes inoperative. To accomplish this, the component is
placed in one of the following categories along with any remarks
applicable to the component's use in the training program:
1. No training or checking.
2. Training in specific maneuvers.
3. Certification and checking.
4. Line Oriented Flight Training (LOFT).
For an operator to conduct Phase II, IIA, or III training under this
appendix all required simulator instruction and checks must be conducted
under an advanced simulation training program which is approved by the
Administrator for the operator. This program must also ensure that all
instructors and check airmen used in appendix H training and checking
are highly qualified to provide the training required in the training
program. The advanced simulation training program shall include the
following:
1. The operator's initial, transition, upgrade, and recurrent
simulator training programs and its procedures for re-establishing
recency of experience in the simulator.
2. How the training program will integrate Phase I, II, and III
simulators with other simulators and training devices to maximize the
total training, checking, and certification functions.
3. Documentation that each instructor and check airman has been
employed by the certificate holder for at least 1 year in that capacity
or as a pilot in command or second in command in an airplane of the
group in which that pilot is instructing or checking.
4. A procedure to ensure that each instructor and check airman
actively participates in either an approved regularly scheduled line
flying program as a flight crewmember or an approved line observation
program in the same airplane type for which that person is instructing
or checking.
5. A procedure to ensure that each instructor and check airman is
given a minimum of 4 hours of training each year to become familiar with
the operator's advanced simulation training program, or changes to it,
and to emphasize their respective roles in the program. Training for
simulator instructors and check airmen shall include training policies
and procedures, instruction methods and techniques, operation of
simulator controls (including environmental and trouble panels),
limitations of the simulator, and minimum equipment required for each
course of training.
6. A special Line Oriented Flight Training (LOFT) program to
facilitate the transition from the simulator to line flying. This LOFT
program consists of at least a 4-hour course of training for each
flightcrew. It also contains at least two representative flight
segments of the operator's route. One of the flight segments contains
strictly normal operating procedures from push back at one airport to
arrival at another. Another flight segment contains training in
appropriate abnormal and emergency flight operations.
7. For operators training under Phase IIA, the additional training
requirements of that phase.
1. Regency of experience ( 121.439).
2. Night takeoffs and landings (part 121, appendix E).
3. Landings in a proficiency check without the landing on the line
requirements ( 121.441).
1. Aerodynamic programing to include:
a. Ground effect -- for example, roundout, flare, and touchdown.
This requires data on lift, drag, and pitching moment in ground effect.
b. Ground reaction -- Reaction of the airplane upon contact with the
runway during landing to include strut deflections, tire friction, and
side forces.
c. Ground handling characteristics -- steering inputs to include
crosswind, braking, thrust reversing, deceleration, and turning radius.
2. Minimum of 3-axis freedom of motion systems.
3. Phase I landing maneuver test guide to verify simulator data with
actual airplane flight test data, and provide simulator performance
tests for Phase I initial approval.
4. Multichannel recorders capable of recording Phase I performance
tests.
1. Visual system compatibility with aerodynamic programing.
2. Visual system response time from pilot control input to visual
system output shall not exceed 300 milliseconds more than the movement
of the airplane to a similar input. Visual system response time is
defined as the completion of the visual display scan of the first video
field containing different information resulting from an abrupt control
input.
3. A means of recording the visual response time for comparison with
airplane data.
4. Visual cues to assess sink rate and depth perception during
landings.
5. Visual scene to instrument correlation to preclude perceptible
lags.
1. For all pilots, transition training between airplanes in the same
group, and for a pilot in command the certification check required by
61.157 of this chapter.
2. Upgrade to pilot-in-command training and the certification check
when --
a. The pilot --
(i) Has previously qualified as second in command in the equipment to
which the pilot is upgrading;
(ii) Has at least 500 hours of actual flight time while serving as
second in command for the operator in an airplane in the same group;
and
(iii) Is currently serving as second in command with that operator in
an airplane in this same group; or
b. The pilot is employed by an airplane operator and --
(i) Is currently serving as second in command with that operator in
an airplane of the same group;
(ii) Has a minimum of 2,500 flight hours as second in command in
airplanes of the same group with that operator; and
(iii) Has served as second in command on at least two airplanes of
the same group with that operator.
Pilots qualifying under paragraph 2.b. of this paragraph may upgrade
to another airplane in that group in which that pilot has not been
previously qualified.
1. Representative crosswind and three-dimensional windshear dynamics
based on airplane related data.
2. Representative stopping and directional control forces for at
least the following runway conditions based on airplane related data:
a. Dry.
b. Wet.
c. Icy.
d. Patchy wet.
e. Patchy icy.
f. Wet on rubber residue in touchdown zone.
3. Representative brake and tire failure dynamics (including
antiskid) and decreased brake efficiency due to high brake temperatures
based on airplane related data.
4. A motion system which provides motion cues equal to or better than
those provided by a six-axis freedom of motion system.
5. Operational principal navigation systems, including electronic
flight instrument systems, INS, and OMEGA, if applicable.
6. Means for quickly and effectively testing simulator programing and
hardware.
7. Expanded simulator computer capacity, accuracy, resolution, and
dynamic response to meet Phase II demands. Resolution equivalent to
that of at least a 32-bit word length computer is required for critical
aerodynamic programs.
8. Timely permanent update of simulator hardware and programing
subsequent to airplane modification.
9. Sound of precipitation and significant airplane noises perceptible
to the pilot during normal operations and the sound of a crash when the
simulator is landed in excess of landing gear limitations.
10. Aircraft control feel dynamics shall duplicate the airplane
simulated. This shall be determined by comparing a recording of the
control feel dynamics of the simulator to airplane measurements in the
takeoff, cruise, and landing configuration.
11. Relative responses of the motion system, visual system, and
cockpit instruments shall be coupled closely to provide integrated
sensory cues. These systems shall respond to abrupt pitch, roll, and
yaw inputs at the pilot's position within 150 milliseconds of the time,
but not before the time, when the airplane would respond under the same
conditions. Visual scene changes from steady state disturbance shall
not occur before the resultant motion onset but within the system
dynamic response tolerance of 150 milliseconds. The test to determine
compliance with these requirements shall include simultaneously
recording the analog output from the pilot's control column and rudders,
the output from an accelerometer attached to the motion system platform
located at an acceptable location near the pilots' seats, the output
signal to the visual system display (including visual system analog
delays), and the output signal to the pilot's attitude indicator or an
equivalent test approved by the Administrator. The test results in a
comparison of a recording of the simulator's response to actual airplane
response data in the takeoff, cruise, and landing configuration.
1. Dusk and night visual scenes with at least three specific airport
representations, including a capability of at least 10 levels of
occulting, general terrain characteristics, and significant landmarks.
2. Radio navigation aids properly oriented to the airport runway
layout.
3. Test procedures to quickly confirm visual system color, RVR,
focus, intensity, level horizon, and attitude as compared to the
simulator attitude indicator.
4. For the approach and landing phase of flight, at and below an
altitude of 2,000 feet height above the airport (HAA) and within a
radius of 10 miles from the airport, weather representations including
the following:
a. Variable cloud density.
b. Partial obscuration of ground scenes; that is, the effect of a
scattered to broken cloud deck.
c. Gradual break out.
d. Patchy fog.
e. The effect of fog on airport lighting.
f. Category II and III weather conditions.
5. Continuous minimum visual field of view of 75 horizontal and 30
vertical per pilot seat. Visual gaps shall occur only as they would in
the airplane simulated or as required by visual system hardware. Both
pilot seat visual systems shall be able to be operated simultaneously.
6. Capability to present ground and air hazards such as another
airplane crossing the active runway or converging airborne traffic.
Under Phase IIA, any part 121 operator may conduct Phase II training
for 3 1/2 years from the date it was approved for Phase I in a simulator
approved for the landing maneuver under Phase I. The operator must meet
the additional requirements set forth below and submit a plan acceptable
to the Administrator to upgrade its simulator(s) to meet Phase II
standards. For a carrier's upgrade plan to be acceptable, it must --
1. Be submitted to the FAA before July 30, 1981;
2. Show which simulators will be upgraded to Phase I requirements and
their projected upgrade dates;
3. Show that these simulators will meet Phase I requirements before
January 30, 1983;
4. Show that at least 50 percent of the operator's simulators for
those airplane types for which Phase IIA training is expected will be
upgraded to, or be replaced with, simulators which meet Phase II or III
requirements and --
a. Show which simulators will be upgraded to, or replaced with,
simulators which meet Phase II or III requirements; and
b. Show that each of these simulators will meet Phase II or III
requirements within 3 1/2 years after the date it is approved for Phase
I; and
5. Include an advanced simulation training program which meets the
requirements of this appendix.
To conduct Phase IIA training in a Phase I simulator, all required
simulator instruction and checks must be conducted in a simulator as
part of an advanced simulator training program approved for the
operator, including the additional training requirements of this phase.
Phase IIA interim approval ends for each Phase I simulator listed in
the operator's approved plan 3 1/2 years after that simulator is
approved for Phase IIA training. Approval of the plan is withdrawn if
any simulator is not upgraded according to the operator's approved
simulator upgrade plan. This results in the loss of all Phase IIA
training for that operator. Extension of Phase IIA training will not be
considered.
Training and checking permitted: Same as Phase II.
Simulator requirements: Same as Phase I.
Visual requirements: Same as Phase I.
Additional training requirements:
1. In addition to the simulator training and the simulator
certification and proficiency check, and before the line operating
experience training, participating flight crewmembers must complete a
4-hour Line Oriented Flight Training Course in the simulator to prepare
them to perform line duties.
2. Each participating pilot in command must be given operating
experience in the airplane to include 5 landings and 25 flight hours,
and each second in command must be given 3 landings and 15 flight hours
of line experience at his or her crew station under the supervision of a
check airman who meets the qualifications of paragraph 3 and who is
seated in the other pilot's position.
3. Each participating line check airman must be given an approved
4-hour training course to familiarize him or her with the Phase IIA
program and to emphasize his or her role in the program. He or she
shall also be qualified to provide both line and proficiency checks or
be a line check airman who has successfully completed an approved
simulator check airman course.
Except for the requirements listed in the next sentence, all pilot
flight training and checking required by this part and the certification
check requirements of 61.157 and appendix A of part 61 of this chapter.
The line check required by 121.440, the static airplane requirements
of appedix E of this part, and the operating experience requirements of
121.434 must still be performed in the airplane.
1. Characteristic buffet motions that result from operation of the
airplane (for example, high-speed buffet, extended landing gear, flaps,
nose-wheel scuffing, stall) which can be sensed at the flight deck. The
simulator must be programed and instrumented in such a manner that the
characteristic buffet modes can be measured and compared to airplane
data. Airplane data are also required to define flight deck motions
when the airplane is subjected to atmospheric disturbances such as rough
air and cobblestone turbulence. General purpose disturbance models that
approximate demonstrable flight test data are acceptable.
2. Aerodynamic modeling for aircraft for which an original type
certificate is issued after June 1, 1980, including low-altitude,
level-flight ground effect, mach effect at high altitude, effects of
airframe icing, normal and reverse dynamic thrust effect on control
surfaces, aero-elastic representations, and representations of
nonlinearities due to side slip based on airplane flight test data
provided by the manufacturer.
3. Realistic amplitude and frequency of cockpit noises and sounds,
including precipitation static and engine and airframe sounds. The
sounds shall be coordinated with the weather representations required in
visual requirement No. 3.
4. Self-testing for simulator hardware and programing to determine
compliance with Phase I, II, and III simulator requirements.
5. Diagnostic analysis printout of simulator malfunctions sufficient
to determine MEL compliance. These printouts shall be retained by the
operator between recurring FAA simulator evaluations as part of the
daily discrepancy log required under 121.407(a)(5).
1. Daylight, dusk, and night visual scenes with sufficient scene
content to recognize a specific airport, the terrain, and major
landmarks around that airport and to successfully accomplish a visual
landing. The daylight visual scene must be part of a total daylight
cockpit environment which at least represents the amount of light in the
cockpit on an overcast day. For the purpose of this rule, daylight
visual system is defined as a visual system capable of producing, as a
minimum, full color presentations, scene content comparable in detail to
that produced by 4,000 edges or 1,000 surfaces for daylight and 4,000
light points for night and dusk scenes, 6-foot lamberts of light at the
pilot's eye (highlight brightness), 3-arc minutes resolution for the
field of view at the pilot's eye, and a display which is free of
apparent quantization and other distracting visual effects while the
simulator is in motion. The simulation of cockpit ambient lighting
shall be dynamically consistent with the visual scene displayed. For
daylight scenes, such ambient lighting shall neither ''washout'' the
displayed visual scene nor fall below 5-foot lamberts of light as
reflected from an approach plate at knee height at the pilot's station
and/or 2-foot lamberts of light as reflected from the pilot's face.
2. Visual scenes portraying representative physical relationships
which are known to cause landing illusions in some pilots, including
short runway, landing over water, runway gradient, visual topographic
features, and rising terrain.
3. Special weather representations which include the sound, visual,
and motion effects of entering light, medium, and heavy precipitation
near a thunderstorm on takeoff, approach, and landings at and below an
altitude of 2,000 feet HAA and within a radius of 10 miles from the
airport.
4. Phase II visual requirements in daylight as well as dusk and night
representations.
5. Wet and, if appropriate for the operator, snow-covered runway
representations, including runway lighting effects.
6. Realistic color and directionality of airport lighting.
7. Weather radar presentations in aircraft where radar information is
presented on the pilot's navigation instruments.
(Secs. 313, 601, 603, 604, Federal Aviation Act of 1958, as amended
(49 U.S.C. 1354, 1421, 1423, 1424); sec. 6(c), Department of
Transportation Act (49 U.S.C. 1655(c)))
(Amdt. 121-161, 45 FR 44183, June 30, 1980; 45 FR 48599, July 31,
1980)
14 CFR 121.723 Pt. 121, App. I
14 CFR 121.723 Appendix I to Part 121 -- Drug Testing Program
This appendix contains the standards and components that must be
included in an anti-drug program required by this chapter.
I. DOT Procedures. Each employer shall ensure that drug testing
programs conducted pursuant to this regulation comply with the
requirements of this appendix and the ''Procedures for Transportation
Workplace Drug Testing Programs'' published by the Department of
Transportation (DOT) (49 CFR part 40). An employer may not use or
contract with any drug testing laboratory that is not certified by the
Department of Health and Human Services (DHHS) pursuant to the DHHS
''Mandatory Guidelines for Federal Workplace Drug Testing Programs'' (53
FR 11970; April 11, 1988).
II. Definitions. For the purpose of this appendix, the following
definitions apply:
Accident means an occurrence associated with the operation of an
aircraft which takes place between the time any person boards the
aircraft with the intention of flight and all such persons have
disembarked, and in which any person suffers death or serious injury, or
in which the aircraft receives substantial damage (49 CFR 830.2).
Annualized rate for the purposes of unannounced testing of employees
based on random selection means the percentage of specimen collection
and testing of employees performing a function listed in section III of
this appendix during a calendar year. The employer shall determine the
annualized percentage rate by referring to the total number of employees
performing a sensitive safety- or security-related function for the
employer at the beginning of a calendar year or by an alternative method
specified in the employer's drug testing plan approved by the FAA.
Employee is a person who performs, either directly or by contract, a
function listed in section III of this appendix for a part 121
certificate holder, a part 135 certificate holder, an operator as
defined in 135.1(c) of this chapter, or an air traffic control facility
not operated by, or under contract with, the FAA or the U.S. military.
Provided, however, that an employee who works for an employer who holds
a part 135 certificate and who holds a part 121 certificate is
considered to be an employee of the part 121 certificate holder for the
purposes of this appendix.
Employer is a part 121 certificate holder, a part 135 certificate
holder, an operator as defined in 135.1(c) of this chapter, or an air
traffic control facility not operated by, or under contract with, the
FAA or the U.S. military. Provided, however, that an employer may use a
person to perform a function listed in section III of this appendix, who
is not included under that employer's drug program, if that person is
subject to the requirements of another employer's FAA-approved anti-drug
program.
Failing a drug test means that the test result shows positive
evidence of the presence of a prohibited drug or drug metabolite in an
employee's system.
Passing a drug test means that the test result does not show positive
evidence of the presence of a prohibited drug or drug metabolite in an
employee's system.
Positive evidence means the presence of a drug or drug metabolite in
a urine sample at or above the test levels listed in the DOT
''Procedures for Transportation Workplace Drug Testing Programs'' (49
CFR part 40).
Prohibited drug means marijuana, cocaine, opiates, phencyclidine
(PCP), amphetamines, or a substance specified in Schedule I or Schedule
II of the Controlled Substances Act, 21 U.S.C. 811, 812 (1981 & 1987
Cum.P.P.), unless the drug is being used as authorized by a legal
prescription or other exemption under Federal, state, or local law.
Refusal to submit means refusal by an individual to provide a urine
sample after he or she has received notice of the requirement to be
tested in accordance with this appendix.
III. Employees Who Must Be Tested. Each person who performs a
function listed in this section must be tested pursuant to an
FAA-approved anti-drug program conducted in accordance with this
appendix:
a. Flight crewmember duties.
b. Flight attendant duties.
c. Flight instruction or ground instruction duties.
d. Flight testing duties.
e. Aircraft dispatcher duties.
f. Aircraft maintenance or preventive maintenance duties.
g. Aviation security or screening duties.
h. Air traffic control duties.
IV. Substances For Which Testing Must Be Conducted. Each employer
shall test each employee who performs a function listed in section III
of this appendix for evidence of marijuana, cocaine, opiates,
phencyclidine (PCP), and amphetamines during each test required by
section V of this appendix. As part of reasonable cause drug testing
program established pursuant to this part, employers may test for drugs
in addition to those specified in this part only with approval granted
by the FAA under 49 CFR part 40 and for substances for which the
Department of Health and Human Services has established an approved
testing protocol and positive threshhold.
V. Types of Drug Testing Required. Each employer shall conduct the
following types of testing in accordance with the procedures set forth
in this appendix and the DOT ''Procedures for Transportation Workplace
Drug Testing Programs'' (49 CFR part 40):
A. Preemployment testing. No employer may hire any person to perform
a function listed in section III of this appendix unless the applicant
passes a drug test for that employer. The employer shall advise an
applicant at the time of application that preemployment testing will be
conducted to determine the presence of marijuana, cocaine, opiates,
phencyclidine (PCP), and amphetamines or a metabolite of those drugs in
the applicant's system.
B. Periodic testing. Each employee who performs a function listed in
section III of this appendix for an employer and who is required to
undergo a medical examination under part 67 of this chapter shall submit
to a periodic drug test. The employee shall be tested for the presence
of marijuana, cocaine, opiates, phencyclidine (PCP), and amphetamines or
a metabolite of those drugs during the first calendar year of
implementation of the employer's anti-drug program. The test shall be
conducted in conjunction with the first medical evaluation of the
employee or in accordance with an alternative method for collecting
periodic test specimens detailed in an employer's approved anti-drug
program. An employer may discontinue periodic testing of its employees
after the first calendar year of implementation of the employer's
anti-drug program when the employer has implemented an unannounced
testing program based on random selection of employees.
C. Random testing. Each employer shall randomly select employees who
perform a function listed in section III of this appendix for the
employer for unannounced drug testing. The employer shall randomly
select employees for unannounced testing for the presence of marijuana,
cocaine, opiates, phencyclidine (PCP), and amphetamines or a metabolite
of those drugs in an employee's system using a random number table or a
computer-based, number generator that is matched with an employee's
social security number, payroll identification number, or any other
alternative method approved by the FAA.
(1) During the first 12 months following implementation of
unannounced testing based on random selection pursuant to this appendix,
an employer shall meet the following conditions:
(a) The unannounced testing based on random selection of employees
shall be spread reasonably throughout the 12-month period.
(b) The last collection of specimens for random testing during the
year shall be conducted at an annualized rate equal to not less than 50
percent of employees performing a function listed in section III of this
appendix.
(c) The total number of unannounced tests based on random selection
during the 12-months shall be equal to not less than 25 percent of the
employees performing a function listed in section III of this appendix.
(2) Following the first 12 months, an employer shall achieve and
maintain an annualized rate equal to not less than 50 percent of
employees performing a function listed in section III of this appendix.
D. Postaccident testing. Each employer shall test each employee who
performs a function listed in section III of this appendix for the
presence of marijuana, cocaine, opiates, phencyclidine (PCP), and
amphetamines or a metabolite of those drugs in the employee's system if
that employee's performance either contributed to an accident or cannot
be completely discounted as a contributing factor to the accident. The
employee shall be tested as soon as possible but not later than 32 hours
after the accident. The decision not to administer a test under this
section must be based on a determination, using the best information
available at the time of the accident, that the employee's performance
could not have contributed to the accident. The employee shall submit
to postaccident testing under this section.
E. Testing based on reasonable cause. Each employer shall test each
employee who performs a function listed in section III of this appendix
and who is reasonably suspected of using a prohibited drug. Each
employer shall test an employee's specimen for the presence of
marijuana, cocaine, opiates, phencyclidine (PCP), and amphetamines or a
metabolite of those drugs. An employer may test an employee's specimen
for the presence of other prohibited drugs or drug metabolites only in
accordance with this appendix and the DOT ''Procedures for
Transportation Workplace Drug Testing Programs'' (49 CFR part 40). At
least two of the employee's supervisors, one of whom is trained in
detection of the possible symptoms of drug use, shall substantiate and
concur in the decision to test an employee who is reasonably suspected
of drug use. In the case of an employer holding a part 135 certificate
who employs 50 or fewer employees who perform a function listed in
section III of this appendix or an operator as defined in 135.1(c) of
this chapter, one supervisor, who is trained in detection of possible
symptoms of drug use, shall substantiate the decision to test an
employee who is reasonably suspected of drug use. The decision to test
must be based on a reasonable and articulable belief that the employee
is using a prohibited drug on the basis of specific, contemporaneous
physical, behavioral, or performance indicators of probable drug use.
F. Testing after return to duty. Each employer shall implement a
reasonable program of unannounced testing of each individual who has
been hired and each employee who has returned to duty to perform a
function listed in section III of this appendix after failing a drug
test conducted in accordance with this appendix or after refusing to
submit to a drug test required by this appendix. The individual or
employee shall be subject to unannounced testing for not more than 60
months after the individual has been hired or the employee has returned
to duty to perform a function listed in section III of this appendix.
VI. Administrative Matters. -- A. Collection, testing, and
rehabilitation records. Each employer shall maintain all records
related to the collection process, including all logbooks and
certification statements, for two years. Each employer shall maintain
records of employee confirmed positive drug test results and employee
rehabilitation for five years. The employer shall maintain records of
negative test results for 12 months. The employer shall permit the
Administrator or the Administrator's representative to examine these
records.
B. Laboratory inspections. The employer shall contract only with a
laboratory that permits pre-award inspections by the employer before the
laboratory is awarded a testing contract and unannounced inspections,
including examination of any and all records at any time by the
employer, the Administrator, or the Administrator's representative.
C. Employee request to retest a specimen. Not later than 60 days
after receipt of a confirmed positive test result, an employee may
submit a written request to the MRO for retesting of the specimen
producing the positive test result. Each employee may make one written
request that a sample of the specimen be provided to the original or
another DHHS-certified laboratory for testing. The laboratories shall
follow chain-of-custody procedures. The employee shall pay the costs of
the additional test and all handling and shipping costs associated with
the transfer of the specimen to the laboratory.
D. Release of Drug Testing Information. An employer may release
information regarding an employee's drug testing results or
rehabilitation to a third party only with the specific, written consent
of the employee authorizing release of the information to an identified
person. Information regarding an employee's drug testing results or
rehabilitation may be released to the National Transportation Safety
Board as part of an accident investigation, to the FAA upon request, or
as required by section VII.C.5 of this appendix.
VII. Review of Drug Testing Results. The employer shall designate or
appoint a medical review officer (MRO). If the employer does not have a
qualified individual on staff to serve as MRO, the employer may contract
for the provision of MRO services as part of its drug testing program.
A. MRO qualifications. The MRO must be a licensed physician with
knowledge of drug abuse disorders.
B. MRO duties. The MRO shall perform the following functions for the
employer:
1. Review the results of the employer's drug testing program before
the results are reported to the employer and summarized for the FAA.
2. Within a reasonable time, notify an employee of a confirmed
positive test result.
3. Review and interpret each confirmed positive test result in order
to determine if there is an alternative medical explanation for the
confirmed positive test result. The MRO shall perform the following
functions as part of the review of a confirmed positive test result:
a. Provide an opportunity for the employee to discuss a positive test
result with the MRO.
b. Review the employee's medical history and any relevant biomedical
factors.
c. Review all medical records made available by the employee to
determine if a confirmed positive test resulted from legally prescribed
medication.
d. Verify that the laboratory report and assessment are correct. The
MRO shall be authorized to request that the original specimen be
reanalyzed to determine the accuracy of the reported test result.
4. Process employee requests to retest a specimen in accordance with
section VI.C of this appendix.
5. Determine whether and when, consistent with an employer's
anti-drug program, a return-to-duty recommendation for a current
employee or a decision to hire an individual to perform a function
listed in section III of this appendix after failing a test conducted in
accordance with this appendix or after refusing to submit to a test
required by this appendix, including review of any rehabilitation
program in which the individual or employee participated, may be made.
6. Ensure that an individual or employee has been tested in
accordance with the procedures of this appendix and the DOT ''Procedures
for Transportation Workplace Drug Testing Programs'' (49 CFR part 40)
before the individual is hired or the employee returns to duty.
7. Determine a schedule of unannounced testing for an individual who
has been hired or an employee who has returned to duty to perform a
function listed in section III of this appendix after the individual or
employee has failed a drug test conducted in accordance with this
appendix or has refused to submit to a drug test required by this
appendix.
C. MRO determinations. 1. If the MRO determines, after appropriate
review, that there is a legitimate medical explanation for the confirmed
positive test result that is consistent with legal drug use, the MRO
shall conclude that the test result is negative and shall report the
test as a negative test result.
2. If the MRO determines, after appropriate review, that there is no
legitimate medical explanation for the confirmed positive test result
that is consistent with legal drug use, the MRO shall refer the employee
to an employer's rehabilitation program if available or to a personnel
or administrative officer for further proceedings in accordance with the
employer's anti-drug program.
3. Based on a review of laboratory inspection reports, quality
assurance and quality control data, and other drug test results, the MRO
may conclude that a particular drug test result is scientifically
insufficient for futher action. Under these circumstances, the MRO
shall conclude that the test is negative for the presence of drugs or
drug metabolites in an employee's system.
4. In order to make a recommendation to hire an individual to perform
a function listed in section III of this appendix or to return an
employee to duty to perform a function listed in section III of this
appendix after the individual or employee has failed a drug test
conducted in accordance with this appendix or refused to submit to a
drug test required by this appendix, the MRO shall --
a. Ensure that the individual or employee is drug free based on a
drug test that shows no positive evidence of the presence of a drug or a
drug metabolite in the person's system;
b. Ensure that the individual or employee has been evaluated by a
rehabilitation program counselor for drug use or abuse; and
c. Ensure that the individual or employee demonstrates compliance
with any conditions or requirements of a rehabilitation program in which
the person participated.
5. Notwithstanding any other section in this appendix, the MRO shall
make the following determinations in the case of an employee or
applicant who holds, or is required to hold, a medical certificate
issued pursuant to part 67 of this chapter in order to perform a
function listed in section III of this appendix for an employer:
a. The MRO shall make a determination of probable drug dependence or
nondependence as specified in part 67 of this chapter. If the MRO makes
a determination of nondependence, the MRO has authority to recommend
that the employee return to duty in a position that requires the
employee to hold a certificate issued under part 67 of this chapter.
The MRO shall forward the determination of nondependence, the
return-to-duty decision, and any supporting documentation to the Federal
Air Surgeon for review.
b. If the MRO makes a determination of probable drug dependence at
any time, the MRO shall report the name of the individual and
identifying information, the determination of probable drug dependence,
and any supporting documentation to the Federal Air Surgeon. The MRO
does not have the authority to recommend that the employee return to
duty in a position that requires the employee to hold a certificate
issued under part 67 of this chapter. The Federal Air Surgeon shall
determine if the individual may retain or may be issued a medical
certificate consistent with the requirements of part 67 of this chapter.
c. The MRO shall report to the Federal Air Surgeon the name of any
employee who is required to hold a medical certificate issued pursuant
to part 67 of this chapter and who fails a drug test. The MRO shall
report to the Federal Air Surgeon the name of any person who applies for
a position that requires the person to hold a medical certificate issued
pursuant to part 67 of this chapter and who fails a preemployment drug
test.
d. The MRO shall forward the information specified in paragraphs (a),
(b), and (c) of this section to the Federal Air Surgeon, Federal
Aviation Administration, Drug Abatement Branch (AAM-220), 800
Independence Avenue, SW., Washington, DC 20591.
VIII. Employee Assistance Program (EAP). The employer shall provide
an EAP for employees. The employer may establish the EAP as a part of
its internal personnel services or the employer may contract with an
entity that will provide EAP services to an employee. Each EAP must
include education and training on drug use for employees and training
for supervisors making determinations for testing of employees based on
reasonable cause.
A. EAP education program. Each EAP education program must include at
least the following elements: display and distribution of informational
material; display and distribution of a community service hot-line
telephone number for employee assistance; and display and distribution
of the employer's policy regarding drug use in the workplace.
B. EAP training program. Each employer shall implement a reasonable
program of initial training for employees. The employee training
program must include at least the following elements: The effects and
consequences of drug use on personal health, safety, and work
environment; the manifestations and behavioral cues that may indicate
drug use and abuse; and documentation of training given to employees
and employer's supervisory personnel. The employer's supervisory
personnel who will determine when an employee is subject to testing
based on reasonable cause shall receive specific training on the
specific, contemporaneous physical, behavioral, and performance
indicators of probable drug use in addition to the training specified
above. The employer shall ensure that supervisors who will make
reasonable cause determinations receive at least 60 minutes of initial
training. The employer shall implement a reasonable recurrent training
program for supervisory personnel making reasonable cause determinations
during subsequent years. The employer shall identify the employee and
supervisor EAP training in the employer's drug testing plan submitted to
the FAA for approval.
IX. Employer's Drug Testing Plan. -- A. Schedule for submission of
plans and implementation. (1) Each employer shall submit a drug testing
plan to the Federal Aviation Administration, Office of Aviation
Medicine, Drug Abatement Branch (AAM-220), 800 Independence Avenue, SW.,
Washington, DC 20591.
(2) Each employer who holds a part 121 certificate and each employer
who holds a part 135 certificate and employs more than 50 employees who
perform a function listed in section III of this appendix shall submit
an anti-drug program to the FAA (specifying the procedures for all
testing required by this appendix) not later than 240 days after
December 21, 1988. Each employer shall implement the employer's
anti-drug program for its direct employees not later than 60 days after
approval of the anti-drug program by the FAA. Each employer shall
implement the employer's approved anti-drug program for its contractor
employees not later than 360 days after initial implementation of the
employer's approved anti-drug program for its direct employees.
However, notwithstanding the preceding sentence, an employer may
continue to use contractor employees who are not subject to drug testing
under an FAA-approved anti-drug program to perform a function listed in
section III of this appendix for 90 days after the compliance date
specified in this paragraph for implementation of the employer's
anti-drug program for its contractor employees, provided that each such
contractor employee or contractor employee's company has submitted, in
accordance with the provisions of either paragraph A(6) or A(7) of this
section IX, an anti-drug plan to the FAA for approval not later than
such compliance date.
(3) Each employer who holds a part 135 certificate and employs from
11 to 50 employees who perform a function listed in section III of this
appendix shall submit an interim anti-drug program to the FAA
(specifying the procedures for preemployment testing, periodic testing,
postaccident testing, testing based on reasonable cause, and testing
after return to duty) not later than 300 days after December 21, 1988.
Each employer shall implement the employer's interim anti-drug program
for its direct employees not later than 60 days after approval of the
anti-drug program by the FAA. Each employer shall submit an amendment
to its interim anti-drug program to the FAA (specifying the procedures
for unannounced testing based on random selection) not later than 120
days after approval of the employer's interim anti-drug program by the
FAA. Each employer shall implement the random testing provision of the
employer's amended anti-drug program for its direct employees not later
than 60 days after approval of the amended program by the FAA. Each
employer shall implement the employer's approved anti-drug program for
its contractor employees, including unannounced testing based on random
selection, not later than 360 days after initial implementation of the
employer's interim anti-drug program for its direct employees. However,
notwithstanding the preceding sentence, an employer may continue to use
contractor employees who are not subject to drug testing under an
FAA-approved anti-drug program to perform a function listed in section
III of this appendix for 90 days after the compliance date specified in
this paragraph for implementation of the employer's anti-drug program
for its contractor employees, provided that each such contractor
employee or contractor employee's company has submitted, in accordance
with the provisions of either paragraph A(6) or A(7) of this section IX,
an anti-drug plan to the FAA for approval not later than such compliance
date.
(4)a. Each employer who holds a part 135 certificate and employs 10
or fewer employees who perform a function listed in section III of this
appendix and each air traffic control facility not operated by, or under
contract with, the FAA or the U.S. military, shall submit an anti-drug
program to the FAA (specifying the procedures for all testing required
by this appendix) not later than 480 days after December 21, 1988. Each
employer shall implement its anti-drug program for its direct employees
not later than 60 days after approval of the anti-drug program by the
FAA. Each employer shall implement its approved anti-drug program for
its contractor employees not later than 360 days after initial
implementation of the employer's approved anti-drug program for its
direct employees. However, notwithstanding the preceding sentence, an
employer may continue to use contractor employees who are not subject to
drug testing under an FAA-approved anti-drug program to perform a
function listed in section III of this appendix for 90 days after the
compliance date specified in this paragraph for implementation of the
employer's anti-drug program for its contractor employees, provided that
each such contractor employee or contractor employee's company has
submitted, in accordance with the provisions of either paragraph A(6) or
A(7) of this section IX, an anti-drug plan to the FAA for approval not
later than such compliance date.
b. Each operator as defined in 135.1(c) of this chapter shall submit
an anti-drug program to the FAA (specifying the procedures for all
testing required by this appendix) not later than October 7, 1991. Each
operator shall implement its anti-drug program for its direct employees
not later than 60 days after approval of the anti-drug program by the
FAA. Each operator shall implement its approved anti-drug program for
its contractor employees not later than 360 days after initial
implementation of the operator's approved anti-drug program for its
direct employees.
(5) Each employer or operator, who becomes subject to the rule as a
result of the FAA's issuance of a part 121 or part 135 certificate or as
a result of beginning operations listed in 135.1(c) shall submit an
anti-drug plan to the FAA for approval, within the timeframes of
paragraphs (2), (3), or (4) of this section, according to the type and
size of the category of operations. For purposes of applicability of
the timeframes, the date that an employer becomes subject to the
requirements of this appendix is substituted for December 21, 1988.
(6) In accordance with this appendix, an entity or individual that
holds a repair station certificate issued by the FAA pursuant to part
145 of this chapter and employs individuals who perform a function
listed in section III of this appendix pursuant to a primary or direct
contract with an employer or an operator may submit an anti-drug program
(specifying the procedures for complying with this appendix) to the FAA
for approval. Each certificated repair station shall implement its
approved anti-drug program in accordance with its terms.
(7) An entity or individual whose employees perform a function listed
in section III of this appendix pursuant to a contract with an employer
or an operator or a consortium of contractors or employers subject to
the requirements of this appendix may submit an anti-drug program
(specifying the procedures for complying with this appendix) to the FAA
for approval on a form and in a manner prescribed by the Administrator.
Each contractor or consortium shall implement its approved anti-drug
program in accordance with its terms.
B. An employer's anti-drug plan must specify the methods by which the
employer will comply with the testing requirements of this appendix.
The plan must provide the name and address of the laboratory which has
been selected by the employer for analysis of the specimens collected
during the employer's anti-drug testing program.
C. An employer's anti-drug plan must specify the procedures and
personnel the employer will use to ensure that a determination is made
as to the veracity of test results and possible legitimate explanations
for an employee failing a test.
D. The employer shall consider its anti-drug program to be approved
by the Administrator, unless notified to the contrary by the FAA, within
60 days after submission of the plan to the FAA.
X. Reporting Results of Drug Testing Program. A. Each employer shall
submit a semiannual report to the FAA summarizing the results of its
drug testing program and covering the period from January 1-June 30.
Each employer shall submit a annual report to the FAA summarizing the
results of its drug testing program and covering the period from January
1-December 31. Each employer shall submit these reports no later than
45 days after the last day of the report period.
B. Each report shall contain:
1. The total number of tests performed and the total number of tests
performed for each category of test.
2. The total number of positive test results by category of test;
the total number of positive test results by each function listed in
section III of this appendix; and the total number of positive test
results by the type of drug shown in a positive test result.
3. The disposition of an individual who failed a drug test conducted
in accordance with this appendix or who refused to submit to a drug test
required by this appendix by each category of test.
XI. Preemption. A. The issuance of these regulations by the FAA
preempts any State or local law, rule, regulation, order, or standard
covering the subject matter of this rule, including but not limited to,
drug testing of aviation personnel performing sensitive safety- or
security-related functions.
B. The issuance of these regulations does not preempt provisions of
State criminal law that impose sanctions for reckless conduct of an
individual that leads to actual loss of life, injury, or damage to
property whether such provisions apply specifically to aviation
employees or generally to the public.
XII. Conflict with foreign laws or international law. A. This
appendix shall not apply to any person for whom compliance with this
appendix would violate the domestic laws or policies of another country.
B. This appendix is effective with respect to any employee located
outside the territory of the United States on January 2, 1993.
(Doc. No. 25148, Amdt. 121-200, 53 FR 47057, Nov. 21, 1988; Amdt.
121-201, 54 FR 1289, Jan. 12, 1989, as amended by Amdt. 121-203, 54 FR
15152, Apr. 14, 1989; Amdt. 121-210, 54 FR 53283, Dec. 27, 1989; Amdt.
121-211, 55 FR 3701, Feb. 2, 1990; Amdt. 121-215, 55 FR 10757, Mar. 22,
1990; Amdt. 121-215, 55 FR 11720, Mar. 29, 1990; Amdt. 121-221, 55 FR
51672, Dec. 14, 1990; 55 FR 53101, Dec. 26, 1990; Amdt. 121-224, 56 FR
13747, Apr. 3, 1991; Amdt. 121-223, 56 FR 18979, Apr. 24, 1991; Amdt.
121-225, 56 FR 43976, Sept. 5, 1991))
14 CFR 121.723 Pt. 125
14 CFR 121.723 PART 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
14 CFR 121.723 Subpart A -- General
Sec.
125.1 Applicability.
125.3 Deviation authority.
125.5 Operating certificate and operations specifications required.
125.7 Display of certificate.
125.9 Definitions.
125.11 Certificate eligibility and prohibited operations.
14 CFR 121.723 Subpart B -- Certification Rules and Miscellaneous
Requirements
125.21 Application for operating certificate.
125.23 Rules applicable to operations subject to this part.
125.25 Management personnel required.
125.27 Issue of certificate.
125.29 Duration of certificate.
125.31 Contents of certificate and operations specifications.
125.33 Operations specifications not a part of certificate.
125.35 Amendment of operations specifications.
125.37 Duty time limitations.
125.39 Carriage of narcotic drugs, marihuana, and depressant or
stimulant drugs or substances.
125.41 Availability of certificate and operations specifications.
125.43 Use of operations specifications.
125.45 Inspection authority.
125.47 Change of address.
125.49 Airport requirements.
125.51 En route navigational facilities.
125.53 Flight locating requirements.
14 CFR 121.723 Subpart C -- Manual Requirements
125.71 Preparation.
125.73 Contents.
125.75 Airplane flight manual.
14 CFR 121.723 Subpart D -- Airplane Requirements
125.91 Airplane requirements: General.
125.93 Airplane limitations.
14 CFR 121.723 Subpart E -- Special Airworthiness Requirements
125.111 General.
125.113 Cabin interiors.
125.115 Internal doors.
125.117 Ventilation.
125.119 Fire precautions.
125.121 Proof of compliance with 125.119.
125.123 Propeller deicing fluid.
125.125 Pressure cross-feed arrangements.
125.127 Location of fuel tanks.
125.129 Fuel system lines and fittings.
125.131 Fuel lines and fittings in designated fire zones.
125.133 Fuel valves.
125.135 Oil lines and fittings in designated fire zones.
125.137 Oil valves.
125.139 Oil system drains.
125.141 Engine breather lines.
125.143 Firewalls.
125.145 Firewall construction.
125.147 Cowling.
125.149 Engine accessory section diaphragm.
125.151 Powerplant fire protection.
125.153 Flammable fluids.
125.155 Shutoff means.
125.157 Lines and fittings.
125.159 Vent and drain lines.
125.161 Fire-extinguishing systems.
125.163 Fire-extinguishing agents.
125.165 Extinguishing agent container pressure relief.
125.167 Extinguishing agent container compartment temperature.
125.169 Fire-extinguishing system materials.
125.171 Fire-detector systems.
125.173 Fire detectors.
125.175 Protection of other airplane components against fire.
125.177 Control of engine rotation.
125.179 Fuel system independence.
125.181 Induction system ice prevention.
125.183 Carriage of cargo in passenger compartments.
125.185 Carriage of cargo in cargo compartments.
125.187 Landing gear: Aural warning device.
125.189 Demonstration of emergency evacuation procedures.
14 CFR 121.723 Subpart F -- Instrument and Equipment Requirements
125.201 Inoperable instruments and equipment.
125.203 Radio and navigational equipment.
125.205 Equipment requirements: Airplanes under IFR.
125.206 Pitot heat indication systems.
125.207 Emergency equipment requirements.
125.209 Emergency equipment: Extended overwater operations.
125.211 Seat and safety belts.
125.213 Miscellaneous equipment.
125.215 Operating information required.
125.217 Passenger information.
125.219 Oxygen for medical use by passengers.
125.221 Icing conditions: Operating limitations.
125.223 Airborne weather radar equipment requirements.
125.224 Traffic Alert and Collision Avoidance System.
125.225 Flight recorders.
125.227 Cockpit voice recorders.
14 CFR 121.723 Subpart G -- Maintenance
125.241 Applicability.
125.243 Certificate holder's responsibilities.
125.245 Organization required to perform maintenance, preventive
maintenance, and alteration.
125.247 Inspection programs and maintenance.
125.249 Maintenance manual requirements.
125.251 Required inspection personnel.
14 CFR 121.723 Subpart H -- Airman and Crewmember Requirements
125.261 Airman: Limitations on use of services.
125.263 Composition of flightcrew.
125.265 Flight engineer requirements.
125.267 Flight navigator and long-range navigation equipment.
125.269 Flight attendants.
125.271 Emergency and emergency evacuation duties.
14 CFR 121.723 Subpart I -- Flight Crewmember Requirements
125.281 Pilot-in-command qualifications.
125.283 Second-in-command qualifications.
125.285 Pilot qualifications: Recent experience.
125.287 Initial and recurrent pilot testing requirements.
125.289 Initial and recurrent flight attendant crewmember testing
requirements.
125.291 Pilot in command: Instrument proficiency check requirements.
125.293 Crewmember: Tests and checks, grace provisions, accepted
standards.
125.295 Check airman authorization: Application and issue.
125.297 Approval of airplane simulators and other training devices.
14 CFR 121.723 Subpart J -- Flight Operations
125.311 Flight crewmembers at controls.
125.313 Manipulation of controls when carrying passengers.
125.315 Admission to flight deck.
125.317 Inspector's credentials: Admission to pilots' compartment:
Forward observer's seat.
125.319 Emergencies.
125.321 Reporting potentially hazardous meteorological conditions and
irregularities of ground and navigation facilities.
125.323 Reporting mechanical irregularities.
125.325 Instrument approach procedures and IFR landing minimums.
125.327 Briefing of passengers before flight.
125.329 Minimum altitudes for use of autopilot.
125.331 Carriage of persons without compliance with the
passenger-carrying requirements of this part.
14 CFR 121.723 Subpart K -- Flight Release Rules
125.351 Flight release authority.
125.353 Facilities and services.
125.355 Airplane equipment.
125.357 Communication and navigation facilities.
125.359 Flight release under VFR.
125.361 Flight release under IFR or over-the-top.
125.363 Flight release over water.
125.365 Alternate airport for departure.
125.367 Alternate airport for destination: IFR or over-the-top.
125.369 Alternate airport weather minimums.
125.371 Continuing flight in unsafe conditions.
125.373 Original flight release or amendment of flight release.
125.375 Fuel supply: Nonturbine and turbopropeller-powered
airplanes.
125.377 Fuel supply: Turbine-engine-powered airplanes other than
turbopropeller.
125.379 Landing weather minimums: IFR.
125.381 Takeoff and landing weather minimums: IFR.
125.383 Load manifest.
14 CFR 121.723 Subpart L -- Records and Reports
125.401 Crewmember record.
125.403 Flight release form.
125.405 Disposition of load manifest, flight release, and flight
plans.
125.407 Maintenance log: Airplanes.
125.409 Reports of defects or unairworthy conditions.
125.411 Airworthiness release or maintenance record entry.
Appendix A to Part 125 -- Additional Emergency Equipment
Appendix B to Part 125 -- Criteria for Demonstration of Emergency
Evacuation Procedures Under 125.189
Appendix C to Part 125 -- Ice Protection
Appendix D to Part 125 -- Airplane Flight Recorder Specifications
Authority: 49 U.S.C. 1354, 1421 through 1430, and 1502; 49 U.S.C.
106(g) (Revised Pub. L. 97-449, January 12, 1983).
Source: Docket No. 19779, 45 FR 67235, Oct. 9, 1980, unless
otherwise noted.
14 CFR 121.723 Special Federal Aviation Regulation No. 38-2
Editorial Note: For the text of SFAR No. 38-2, see part 121 of this
chapter.
14 CFR 121.723 Subpart A -- General
14 CFR 125.1 Applicability.
(a) Except as provided in paragraphs (b) and (c) of this section,
this part prescribes rules governing the operations of U.S.-registered
civil airplanes which have a seating configuration of 20 or more
passengers, or a maximum payload capacity of 6,000 pounds or more when
common carriage is not involved.
(b) The rules of this part do not apply to the operations of
airplanes specified in paragraph (a) of this section, when --
(1) They are required to be operated under part 121, 129, 135, or 137
of this chapter;
(2) They have been issued restricted, limited, or provisional
airworthiness certificates, special flight permits, or experimental
certificates;
(3) They are being operated by a part 125 certificate holder without
carrying passengers or cargo under part 91 for training, ferrying,
positioning, or maintenance purposes;
(4) They are being operated under part 91 by an operator certificated
to operate those airplanes under part 121, 135, or 137 of this chapter
or are being operated by a foreign air carrier or a foreign person in
common carriage solely outside the United States under part 91 of this
chapter; or
(5) They are being operated under a deviation authority issued under
125.3 of this chapter.
(c) The rules of this part, except 125.247, do not apply to the
operation of airplanes specified in paragraph (a) when they are operated
outside the United States by a person who is not a citizen of the United
States.
(Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt.
125-4, 47 FR 44719, Oct. 12, 1982; Amdt. 125-5, 49 FR 34816, Sept. 4,
1984; Amdt. 125-6, 51 FR 873, Jan. 8, 1986; Amdt. 125-9, 52 FR 20028,
May 28, 1987)
14 CFR 125.3 Deviation authority.
(a) The Administrator may, upon consideration of the circumstances of
a particular operation, issue deviation authority providing relief from
specified sections of part 125. This deviation authority will be issued
as a Letter of Deviation Authority.
(b) A Letter of Deviation Authority may be terminated or amended at
any time by the Administrator.
(c) A request for deviation authority must be submitted to the
nearest Flight Standards District Office, not less than 60 days prior to
the date of intended operations. A request for deviation authority must
contain a complete statement of the circumstances and justification for
the deviation requested.
(Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt.
125-13, 54 FR 39294, Sept. 25, 1989)
14 CFR 125.5 Operating certificate and operations specifications
required.
(a) After February 3, 1981, no person may engage in operations
governed by this part unless that person holds a certificate and
operations specification or appropriate deviation authority.
(b) Applicants who file an application before June 1, 1981 shall
continue to operate under the rules applicable to their operations on
February 2, 1981 until the application for an operating certificate
required by this part has been denied or the operating certificate and
operations specifications required by this part have been issued.
(c) The rules of this part which apply to a certificate holder also
apply to any person who engages in any operation governed by this part
without an appropriate certificate and operations specifications
required by this part or a Letter of Deviation Authority issued under
125.3.
(Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt.
125-1A, 46 FR 10903, Feb. 5, 1981)
14 CFR 125.7 Display of certificate.
(a) The certificate holder must display a true copy of the
certificate in each of its aircraft.
(b) Each operator holding a Letter of Deviation Authority issued
under this part must carry a true copy in each of its airplanes.
14 CFR 125.9 Definitions.
(a) For the purposes of this part, maximum payload capacity means:
(1) For an airplane for which a maximum zero fuel weight is
prescribed in FAA technical specifications, the maximum zero fuel
weight, less empty weight, less all justifiable airplane equipment, and
less the operating load (consisting of minimum flightcrew, foods and
beverages and supplies and equipment related to foods and beverages, but
not including disposable fuel or oil):
(2) For all other airplanes, the maximum certificated takeoff weight
of an airplane, less the empty weight, less all justifiable airplane
equipment, and less the operating load (consisting of minimum fuel load,
oil, and flightcrew). The allowance for the weight of the crew, oil,
and fuel is as follows:
(i) Crew -- 200 pounds for each crewmember required under this
chapter
(ii) Oil -- 350 pounds.
(iii) Fuel -- the minimum weight of fuel required under this chapter
for a flight between domestic points 174 nautical miles apart under VFR
weather conditions that does not involve extended overwater operations.
(b) For the purposes of this part, empty weight means the weight of
the airframe, engines, propellers, and fixed equipment. Empty weight
excludes the weight of the crew and payload, but includes the weight of
all fixed ballast, unusable fuel supply, undrainable oil, total quantity
of engine coolant, and total quantity of hydraulic fluid.
(c) For the purposes of this part, maximum zero fuel weight means the
maximum permissible weight of an airplane with no disposable fuel or
oil. The zero fuel weight figure may be found in either the airplane
type certificate data sheet or the approved Airplane Flight Manual, or
both.
(d) For the purposes of this section, justifiable airplane equipment
means any equipment necessary for the operation of the airplane. It
does not include equipment or ballast specifically installed,
permanently or otherwise, for the purpose of altering the empty weight
of an airplane to meet the maximum payload capacity.
14 CFR 125.11 Certificate eligibility and prohibited operations.
(a) No person is eligible for a certificate or operations
specifications under this part if the person holds the appropriate
operating certificate and/or operations specifications necessary to
conduct operations under part 121, 129 or 135 of this chapter.
(b) No certificate holder may conduct any operation which results
directly or indirectly from any person's holding out to the public to
furnish transportation.
(c) No person holding operations specifications under this part may
operate or list on its operations specifications any aircraft listed on
any operations specifications or other required aircraft listing under
part 121, 129, or 135 of this chapter.
(Doc. No. 19779, 45 FR 67235, Oct. 9, 1980 as amended by Amdt.
125-9, 52 FR 20028, May 28, 1987)
14 CFR 125.11 Subpart B -- Certification Rules and Miscellaneous Requirements
14 CFR 125.21 Application for operating certificate.
(a) Each applicant for the issuance of an operating certificate must
submit an application in a form and manner prescribed by the
Administrator to the FAA Flight Standards district office in whose area
the applicant proposes to establish or has established its principal
operations base. The application must be submitted at least 60 days
before the date of intended operations.
(b) Each application submitted under paragraph (a) of this section
must contain a signed statement showing the following:
(1) The name and address of each director and each officer or person
employed or who will be employed in a management position described in
125.25.
(2) A list of flight crewmembers with the type of airman certificate
held, including ratings and certificate numbers.
14 CFR 125.23 Rules applicable to operations subject to this part.
Each person operating an airplane in operations under this part shall
--
(a) While operating inside the United States, comply with the
applicable rules in part 91 of this chapter; and
(b) While operating outside the United States, comply with Annex 2,
Rules of the Air, to the Convention on International Civil Aviation or
the regulations of any foreign country, whichever applies, and with any
rules of parts 61 and 91 of this chapter and this part that are more
restrictive than that Annex or those regulations and that can be
complied with without violating that Annex or those regulations. Annex
2 is incorporated by reference in 91.703(b) of this chapter.
(Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt.
125-12, 54 FR 34331, Aug. 18, 1989)
14 CFR 125.25 Management personnel required.
(a) Each applicant for a certificate under this part must show that
it has enough management personnel, including at least a director of
operations, to assure that its operations are conducted in accordance
with the requirements of this part.
(b) Each applicant shall --
(1) Set forth the duties, responsibilities, and authority of each of
its management personnel in the general policy section of its manual;
(2) List in the manual the names and addresses of each of its
management personnel;
(3) Designate a person as responsible for the scheduling of
inspections required by the manual and for the updating of the approved
weight and balance system on all airplanes.
(c) Each certificate holder shall notify the FAA Flight Standards
district office charged with the overall inspection of the certificate
holder of any change made in the assignment of persons to the listed
positions within 10 days, excluding Saturdays, Sundays, and Federal
holidays, of such change.
14 CFR 125.27 Issue of certificate.
(a) An applicant for a certificate under this subpart is entitled to
a certificate if the Administrator finds that the applicant is properly
and adequately equipped and able to conduct a safe operation in
accordance with the requirements of this part and the operations
specifications provided for in this part.
(b) The Administrator may deny an application for a certificate under
this subpart if the Administrator finds --
(1) That an operating certificate required under this part or part
121, 123, or 135 of this chapter previously issued to the applicant was
revoked; or
(2) That a person who was employed in a management position under
125.25 of this part with (or has exercised control with respect to) any
certificate holder under part 121, 123, 125, or 135 of this chapter
whose operating certificate has been revoked, will be employed in any of
those positions or a similar position with the applicant and that the
person's employment or control contributed materially to the reasons for
revoking that certificate.
14 CFR 125.29 Duration of certificate.
(a) A certificate issued under this part is effective until
surrendered, suspended, or revoked.
(b) The Administrator may suspend or revoke a certificate under
section 609 of the Federal Aviation Act of 1958 and the applicable
procedures of part 13 of this chapter for any cause that, at the time of
suspension or revocation, would have been grounds for denying an
application for a certificate.
(c) If the Administrator suspends or revokes a certificate or it is
otherwise terminated, the holder of that certificate shall return it to
the Administrator.
14 CFR 125.31 Contents of certificate and operations specifications.
(a) Each certificate issued under this part contains the following:
(1) The holder's name.
(2) A description of the operations authorized.
(3) The date it is issued.
(b) The operations specifications issued under this part contain the
following:
(1) The kinds of operations authorized.
(2) The types and registration numbers of airplanes authorized for
use.
(3) Approval of the provisions of the operator's manual relating to
airplane inspections, together with necessary conditions and
limitations.
(4) Registration numbers of airplanes that are to be inspected under
an approved airplane inspection program under 125.247.
(5) Procedures for control of weight and balance of airplanes.
(6) Any other item that the Administrator determines is necessary to
cover a particular situation.
14 CFR 125.33 Operations specifications not a part of certificate.
Operations specifications are not a part of an operating certificate.
14 CFR 125.35 Amendment of operations specifications.
(a) The FAA Flight Standards district office charged with the overall
inspection of the certificate holder may amend any operations
specifications issued under this part if --
(1) It determines that safety in air commerce requires that
amendment; or
(2) Upon application by the holder, that district office determines
that safety in air commerce allows that amendment.
(b) The certificate holder must file an application to amend
operations specifications at least 15 days before the date proposed by
the applicant for the amendment to become effective, unless a shorter
filing period is approved. The application must be on a form and in a
manner prescribed by the Administrator and be submitted to the FAA
Flight Standards district office charged with the overall inspection of
the certificate holder.
(c) Within 30 days after a notice of refusal to approve a holder's
application for amendment is received, the holder may petition the
Director, Flight Standards Service, to reconsider the refusal to amend.
(d) When the FAA Flight Standards district office charged with the
overall inspection of the certificate holder amends operations
specifications, that district office gives notice in writing to the
holder of a proposed amendment to the operations specifications, fixing
a period of not less than 7 days within which the holder may submit
written information, views, and arguments concerning the proposed
amendment. After consideration of all relevant matter presented, that
district office notifies the holder of any amendment adopted, or a
rescission of the notice. That amendment becomes effective not less
than 30 days after the holder receives notice of the adoption of the
amendment, unless the holder petitions the Director, Flight Standards
Service, for reconsideration of the amendment. In that case, the
effective date of the amendment is stayed pending a decision by the
Director. If the Director finds there is an emergency requiring
immediate action as to safety in air commerce that makes the provisions
of this paragraph impracticable or contrary to the public interest, the
Director notifies the certificate holder that the amendment is effective
on the date of receipt, without previous notice.
(Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt.
125-13, 54 FR 39294, Sept. 25, 1989)
14 CFR 125.37 Duty time limitations.
(a) Each flight crewmember must be relieved from all duty for at
least 8 consecutive hours during any 24-hour period.
(b) The Administrator may specify rest, flight time, and duty time
limitations in the operations specifications that are other than those
specified in paragraph (a) of this section.
14 CFR 125.39 Carriage of narcotic drugs, marihuana, and depressant or
stimulant drugs or substances.
If the holder of a certificate issued under this part permits any
airplane owned or leased by that holder to be engaged in any operation
that the certificate holder knows to be in violation of 91.19(a) of
this chapter, that operation is a basis for suspending or revoking the
certificate.
(Docket No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt.
125-12, 54 FR 34331, Aug. 18, 1989)
14 CFR 125.41 Availability of certificate and operations
specifications.
Each certificate holder shall make its operating certificate and
operations specifications available for inspection by the Administrator
at its principal operations base.
14 CFR 125.43 Use of operations specifications.
(a) Each certificate holder shall keep each of its employees informed
of the provisions of its operations specifications that apply to the
employee's duties and responsibilities.
(b) Each certificate holder shall maintain a complete and separate
set of its operations specifications. In addition, each certificate
holder shall insert pertinent excerpts of its operations specifications,
or reference thereto, in its manual in such a manner that they retain
their identity as operations specifications.
14 CFR 125.45 Inspection authority.
Each certificate holder shall allow the Administrator, at any time or
place, to make any inspections or tests to determine its compliance with
the Federal Aviation Act of 1958, the Federal Aviation Regulations, its
operating certificate and operations specifications, its letter of
deviation authority, or its eligibililty to continue to hold its
certificate or its letter of deviation authority.
14 CFR 125.47 Change of address.
Each certificate holder shall notify the FAA Flight Standards
district office charged with the overall inspection of its operations,
in writing, at least 30 days in advance, of any change in the address of
its principal business office, its principal operations base, or its
principal maintenance base.
14 CFR 125.49 Airport requirements.
(a) No certificate holder may use any airport unless it is adequate
for the proposed operation, considering such items as size, surface,
obstructions, and lighting.
(b) No pilot of an airplane carrying passengers at night may take off
from, or land on, an airport unless --
(1) That pilot has determined the wind direction from an illuminated
wind direction indicator or local ground communications, or, in the case
of takeoff, that pilot's personal observations; and
(2) The limits of the area to be used for landing or takeoff are
clearly shown by boundary or runway marker lights.
(c) For the purposes of paragraph (b) of this section, if the area to
be used for takeoff or landing is marked by flare pots or lanterns,
their use must be approved by the Administrator.
14 CFR 125.51 En route navigational facilities.
(a) Except as provided in paragraph (b) of this section, no
certificate holder may conduct any operation over a route unless
nonvisual ground aids are --
(1) Available over the route for navigating airplanes within the
degree of accuracy required for ATC; and
(2) Located to allow navigation to any airport of destination, or
alternate airport, within the degree of accuracy necessary for the
operation involved.
(b) Nonvisual ground aids are not required for --
(1) Day VFR operations that can be conducted safely by pilotage
because of the characteristics of the terrain;
(2) Night VFR operations on routes that the Administrator determines
have reliable landmarks adequate for safe operation; or
(3) Operations where the use of celestial or other specialized means
of navigation, such as an inertial navigation system, is approved.
14 CFR 125.53 Flight locating requirements.
(a) Each certificate holder must have procedures established for
locating each flight for which an FAA flight plan is not filed that --
(1) Provide the certificate holder with at least the information
required to be included in a VFR flight plan;
(2) Provide for timely notification of an FAA facility or search and
rescue facility, if an airplane is overdue or missing; and
(3) Provide the certificate holder with the location, date, and
estimated time for reestablishing radio or telephone communications, if
the flight will operate in an area where communications cannot be
maintained.
(b) Flight locating information shall be retained at the certificate
holder's principal operations base, or at other places designated by the
certificate holder in the flight locating procedures, until the
completion of the flight.
(c) Each certificate holder shall furnish the representative of the
Administrator assigned to it with a copy of its flight locating
procedures and any changes or additions, unless those procedures are
included in a manual required under this part.
14 CFR 125.53 Subpart C -- Manual Requirements
14 CFR 125.71 Preparation.
(a) Each certificate holder shall prepare and keep current a manual
setting forth the certificate holder's procedures and policies
acceptable to the Administrator. This manual must be used by the
certificate holder's flight, ground, and maintenance personnel in
conducting its operations. However, the Administrator may authorize a
deviation from this paragraph if the Administrator finds that, because
of the limited size of the operation, all or part of the manual is not
necessary for guidance of flight, ground, or maintenance personnel.
(b) Each certificate holder shall maintain at least one copy of the
manual at its principal operations base.
(c) The manual must not be contrary to any applicable Federal
regulations, foreign regulation applicable to the certificate holder's
operations in foreign countries, or the certificate holder's operating
certificate or operations specifications.
(d) A copy of the manual, or appropriate portions of the manual (and
changes and additions) shall be made available to maintenance and ground
operations personnel by the certificate holder and furnished to --
(1) Its flight crewmembers; and
(2) The FAA Flight Standards district office charged with the overall
inspection of its operations.
(e) Each employee of the certificate holder to whom a manual or
appropriate portions of it are furnished under paragraph (d)(1) of this
section shall keep it up to date with the changes and additions
furnished to them.
(f) Except as provided in paragraph (g) of this section, each
certificate holder shall carry appropriate parts of the manual in each
airplane when away from the principal operations base. The appropriate
parts must be available for use by ground or flight personnel. If a
certificate holder carries aboard an airplane all or any portion of the
maintenance part of its manual in microfilm, it must also carry a
reading device that provides a legible facsimile image of the
microfilmed maintenance information and instructions.
(g) If a certificate holder conducts airplane inspections or
maintenance at specified stations where it keeps the approved inspection
program manual, it is not required to carry the manual aboard the
airplane en route to those stations.
14 CFR 125.73 Contents.
Each manual shall have the date of the last revision and revision
number on each revised page. The manual must include --
(a) The name of each management person who is authorized to act for
the certificate holder, the person's assigned area of responsibility,
and the person's duties, responsibilities, and authority;
(b) Procedures for ensuring compliance with airplane weight and
balance limitations;
(c) Copies of the certificate holder's operations specifications or
appropriate extracted information, including area of operations
authorized, category and class of airplane authorized, crew complements,
and types of operations authorized;
(d) Procedures for complying with accident notification requirements;
(e) Procedures for ensuring that the pilot in command knows that
required airworthiness inspections have been made and that the airplane
has been approved for return to service in compliance with applicable
maintenance requirements;
(f) Procedures for reporting and recording mechanical irregularities
that come to the attention of the pilot in command before, during, and
after completion of a flight;
(g) Procedures to be followed by the pilot in command for determining
that mechanical irregularities or defects reported for previous flights
have been corrected or that correction has been deferred;
(h) Procedures to be followed by the pilot in command to obtain
maintenance, preventive maintenance, and servicing of the airplane at a
place where previous arrangements have not been made by the operator,
when the pilot is authorized to so act for the operator;
(i) Procedures for the release for, or continuation of, flight if any
item of equipment required for the particular type of operation becomes
inoperative or unserviceable en route;
(j) Procedures for refueling airplanes, eliminating fuel
contamination, protecting from fire (including electrostatic
protection), and supervising and protecting passengers during refueling;
(k) Procedures to be followed by the pilot in command in the briefing
under 125.327;
(l) Flight locating procedures, when applicable;
(m) Procedures for ensuring compliance with emergency procedures,
including a list of the functions assigned each category of required
crewmembers in connection with an emergency and emergency evacuation;
(n) The approved airplane inspection program;
(o) Procedures and instructions to enable personnel to recognize
hazardous materials, as defined in title 49 CFR, and if these materials
are to be carried, stored, or handled, procedures and instructions for
--
(1) Accepting shipment of hazardous material required by title 49
CFR, to assure proper packaging, marking, labeling, shipping documents,
compatibility of articles, and instructions on their loading, storage,
and handling;
(2) Notification and reporting hazardous material incidents as
required by title 49 CFR; and
(3) Notification of the pilot in command when there are hazardous
materials aboard, as required by title 49 CFR;
(p) Procedures for the evacuation of persons who may need the
assistance of another person to move expeditiously to an exit if an
emergency occurs;
(q) The identity of each person who will administer tests required by
this part, including the designation of the tests authorized to be given
by the person; and
(r) Other procedures and policy instructions regarding the
certificate holder's operations that are issued by the certificate
holder.
14 CFR 125.75 Airplane flight manual.
(a) Each certificate holder shall keep a current approved Airplane
Flight Manual or approved equivalent for each type airplane that it
operates.
(b) Each certificate holder shall carry the approved Airplane Flight
Manual or the approved equivalent aboard each airplane it operates. A
certificate holder may elect to carry a combination of the manuals
required by this section and 125.71. If it so elects, the certificate
holder may revise the operating procedures sections and modify the
presentation of performance from the applicable Airplane Flight Manual
if the revised operating procedures and modified performance data
presentation are approved by the Administrator.
14 CFR 125.75 Subpart D -- Airplane Requirements
14 CFR 125.91 Airplane requirements: General.
(a) No certificate holder may operate an airplane governed by this
part unless it --
(1) Carries an appropriate current airworthiness certificate issued
under this chapter; and
(2) Is in an airworthy condition and meets the applicable
airworthiness requirements of this chapter, including those relating to
identification and equipment.
(b) No person may operate an airplane unless the current empty weight
and center of gravity are calculated from the values established by
actual weighing of the airplane within the preceding 36 calendar months.
(c) Paragraph (b) of this section does not apply to airplanes issued
an original airworthiness certificate within the preceding 36 calendar
months.
14 CFR 125.93 Airplane limitations.
No certificate holder may operate a land airplane (other than a DC-3,
C-46, CV-240, CV-340, CV-440, CV-580, CV-600, CV-640, or Martin 404) in
an extended overwater operation unless it is certificated or approved as
adequate for ditching under the ditching provisions of part 25 of this
chapter.
14 CFR 125.93 Subpart E -- Special Airworthiness Requirements
14 CFR 125.111 General.
(a) Except as provided in paragraph (b) of this section, no
certificate holder may use an airplane powered by airplane engines rated
at more than 600 horsepower each for maximum continuous operation unless
that airplane meets the requirements of 125.113 through 125.181.
(b) If the Administrator determines that, for a particular model of
airplane used in cargo service, literal compliance with any requirement
under paragraph (a) of this section would be extremely difficult and
that compliance would not contribute materially to the objective sought,
the Administrator may require compliance with only those requirements
that are necessary to accomplish the basic objectives of this part.
(c) This section does not apply to any airplane certificated under --
(1) Part 4b of the Civil Air Regulations in effect after October 31,
1946;
(2) Part 25 of this chapter; or
(3) Special Civil Air Regulation 422, 422A, or 422B.
14 CFR 125.113 Cabin interiors.
(a) Upon the first major overhaul of an airplane cabin or
refurbishing of the cabin interior, all materials in each compartment
used by the crew or passengers that do not meet the following
requirements must be replaced with materials that meet these
requirements:
(1) For an airplane for which the application for the type
certificate was filed prior to May 1, 1972, 25.853 in effect on April
30, 1972.
(2) For an airplane for which the application for the type
certificate was filed on or after May 1, 1972, the materials requirement
under which the airplane was type certificated.
(b) Except as provided in paragraph (a) of this section, each
compartment used by the crew or passengers must meet the following
requirements:
(1) Materials must be at least flash resistant.
(2) The wall and ceiling linings and the covering of upholstering,
floors, and furnishings must be flame resistant.
(3) Each compartment where smoking is to be allowed must be equipped
with self-contained ash trays that are completely removable and other
compartments must be placarded against smoking.
(4) Each receptacle for used towels, papers, and wastes must be of
fire-resistant material and must have a cover or other means of
containing possible fires started in the receptacles.
14 CFR 125.115 Internal doors.
In any case where internal doors are equipped with louvres or other
ventilating means, there must be a means convenient to the crew for
closing the flow of air through the door when necessary.
14 CFR 125.117 Ventilation.
Each passenger or crew compartment must be suitably ventilated.
Carbon monoxide concentration may not be more than one part in 20,000
parts of air, and fuel fumes may not be present. In any case where
partitions between compartments have louvres or other means allowing air
to flow between compartments, there must be a means convenient to the
crew for closing the flow of air through the partitions when necessary.
14 CFR 125.119 Fire precautions.
(a) Each compartment must be designed so that, when used for storing
cargo or baggage, it meets the following requirements:
(1) No compartment may include controls, wiring, lines, equipment, or
accessories that would upon damage or failure, affect the safe operation
of the airplane unless the item is adequately shielded, isolated, or
otherwise protected so that it cannot be damaged by movement of cargo in
the compartment and so that damage to or failure of the item would not
create a fire hazard in the compartment.
(2) Cargo or baggage may not interfere with the functioning of the
fire-protective features of the compartment.
(3) Materials used in the construction of the compartments, including
tie-down equipment, must be at least flame resistant.
(4) Each compartment must include provisions for safeguarding against
fires according to the classifications set forth in paragraphs (b)
through (f) of this section.
(b) Class A. Cargo and baggage compartments are classified in the
''A'' category if a fire therein would be readily discernible to a
member of the crew while at that crewmember's station, and all parts of
the compartment are easily accessible in flight. There must be a hand
fire extinguisher available for each Class A compartment.
(c) Class B. Cargo and baggage compartments are classified in the
''B'' category if enough access is provided while in flight to enable a
member of the crew to effectively reach all of the compartment and its
contents with a hand fire extinguisher and the compartment is so
designed that, when the access provisions are being used, no hazardous
amount of smoke, flames, or extinguishing agent enters any compartment
occupied by the crew or passengers. Each Class B compartment must
comply with the following:
(1) It must have a separate approved smoke or fire detector system to
give warning at the pilot or flight engineer station.
(2) There must be a hand-held fire extinguisher available for the
compartment.
(3) It must be lined with fire-resistant material, except that
additional service lining of flame-resistant material may be used.
(d) Class C. Cargo and baggage compartments are classified in the
''C'' category if they do not conform with the requirements for the
''A'', ''B'', ''D'', or ''E'' categories. Each Class C compartment must
comply with the following:
(1) It must have a separate approved smoke or fire detector system to
give warning at the pilot or flight engineer station.
(2) It must have an approved built-in fire-extinguishing system
controlled from the pilot or flight engineer station.
(3) It must be designed to exclude hazardous quantities of smoke,
flames, or extinguishing agents from entering into any compartment
occupied by the crew or passengers.
(4) It must have ventilation and draft control so that the
extinguishing agent provided can control any fire that may start in the
compartment.
(5) It must be lined with fire-resistant material, except that
additional service lining of flame-resistant material may be used.
(e) Class D. Cargo and baggage compartments are classified in the
''D'' category if they are so designed and constructed that a fire
occurring therein will be completely confined without endangering the
safety of the airplane or the occupants. Each Class D compartment must
comply with the following:
(1) It must have a means to exclude hazardous quantities of smoke,
flames, or noxious gases from entering any compartment occupied by the
crew or passengers.
(2) Ventilation and drafts must be controlled within each compartment
so that any fire likely to occur in the compartment will not progress
beyond safe limits.
(3) It must be completely lined with fire-resistant material.
(4) Consideration must be given to the effect of heat within the
compartment on adjacent critical parts of the airplane.
(f) Class E. On airplanes used for the carriage of cargo only, the
cabin area may be classified as a Class ''E'' compartment. Each Class E
compartment must comply with the following:
(1) It must be completely lined with fire-resistant material.
(2) It must have a separate system of an approved type smoke or fire
detector to give warning at the pilot or flight engineer station.
(3) It must have a means to shut off the ventilating air flow to or
within the compartment and the controls for that means must be
accessible to the flightcrew in the crew compartment.
(4) It must have a means to exclude hazardous quantities of smoke,
flames, or noxious gases from entering the flightcrew compartment.
(5) Required crew emergency exits must be accessible under all cargo
loading conditions.
14 CFR 125.121 Proof of compliance with 125.119.
Compliance with those provisions of 125.119 that refer to
compartment accessibility, the entry of hazardous quantities of smoke or
extinguishing agent into compartment occupied by the crew or passengers,
and the dissipation of the extinguishing agent in Class ''C''
compartments must be shown by tests in flight. During these tests it
must be shown that no inadvertent operation of smoke or fire detectors
in other compartments within the airplane would occur as a result of
fire contained in any one compartment, either during the time it is
being extinguished, or thereafter, unless the extinguishing system
floods those compartments simultaneously.
14 CFR 125.123 Propeller deicing fluid.
If combustible fluid is used for propeller deicing, the certificate
holder must comply with 125.153.
14 CFR 125.125 Pressure cross-feed arrangements.
(a) Pressure cross-feed lines may not pass through parts of the
airplane used for carrying persons or cargo unless there is a means to
allow crewmembers to shut off the supply of fuel to these lines or the
lines are enclosed in a fuel and fume-proof enclosure that is ventilated
and drained to the exterior of the airplane. However, such an enclosure
need not be used if those lines incorporate no fittings on or within the
personnel or cargo areas and are suitably routed or protected to prevent
accidental damage.
(b) Lines that can be isolated from the rest of the fuel system by
valves at each end must incorporate provisions for relieving excessive
pressures that may result from exposure of the isolated line to high
temperatures.
14 CFR 125.127 Location of fuel tanks.
(a) Fuel tanks must be located in accordance with 125.153.
(b) No part of the engine nacelle skin that lies immediately behind a
major air outlet from the engine compartment may be used as the wall of
an integral tank.
(c) Fuel tanks must be isolated from personnel compartments by means
of fume- and fuel-proof enclosures.
14 CFR 125.129 Fuel system lines and fittings.
(a) Fuel lines must be installed and supported so as to prevent
excessive vibration and so as to be adequate to withstand loads due to
fuel pressure and accelerated flight conditions.
(b) Lines connected to components of the airplane between which there
may be relative motion must incorporate provisions for flexibility.
(c) Flexible connections in lines that may be under pressure and
subject to axial loading must use flexible hose assemblies rather than
hose clamp connections.
(d) Flexible hoses must be of an acceptable type or proven suitable
for the particular application.
14 CFR 125.131 Fuel lines and fittings in designated fire zones.
Fuel lines and fittings in each designated fire zone must comply with
125.157.
14 CFR 125.133 Fuel valves.
Each fuel valve must --
(a) Comply with 125.155;
(b) Have positive stops or suitable index provisions in the ''on''
and ''off'' positions; and
(c) Be supported so that loads resulting from its operation or from
accelerated flight conditions are not transmitted to the lines connected
to the valve.
14 CFR 125.135 Oil lines and fittings in designated fire zones.
Oil lines and fittings in each designated fire zone must comply with
125.157.
14 CFR 125.137 Oil valves.
(a) Each oil valve must --
(1) Comply with 125.155;
(2) Have positive stops or suitable index provisions in the ''on''
and ''off'' positions; and
(3) Be supported so that loads resulting from its operation or from
accelerated flight conditions are not transmitted to the lines attached
to the valve.
(b) The closing of an oil shutoff means must not prevent feathering
the propeller, unless equivalent safety provisions are incorporated.
14 CFR 125.139 Oil system drains.
Accessible drains incorporating either a manual or automatic means
for positive locking in the closed position must be provided to allow
safe drainage of the entire oil system.
14 CFR 125.141 Engine breather lines.
(a) Engine breather lines must be so arranged that condensed water
vapor that may freeze and obstruct the line cannot accumulate at any
point.
(b) Engine breathers must discharge in a location that does not
constitute a fire hazard in case foaming occurs and so that oil emitted
from the line does not impinge upon the pilots' windshield.
(c) Engine breathers may not discharge into the engine air induction
system.
14 CFR 125.143 Firewalls.
Each engine, auxiliary power unit, fuel-burning heater, or other item
of combusting equipment that is intended for operation in flight must be
isolated from the rest of the airplane by means of firewalls or shrouds,
or by other equivalent means.
14 CFR 125.145 Firewall construction.
Each firewall and shroud must --
(a) Be so made that no hazardous quantity of air, fluids, or flame
can pass from the engine compartment to other parts of the airplane;
(b) Have all openings in the firewall or shroud sealed with
close-fitting fireproof grommets, bushings, or firewall fittings;
(c) Be made of fireproof material; and
(d) Be protected against corrosion.
14 CFR 125.147 Cowling.
(a) Cowling must be made and supported so as to resist the vibration,
inertia, and air loads to which it may be normally subjected.
(b) Provisions must be made to allow rapid and complete drainage of
the cowling in normal ground and flight attitudes. Drains must not
discharge in locations constituting a fire hazard. Parts of the cowling
that are subjected to high temperatures because they are near exhaust
system parts or because of exhaust gas impingement must be made of
fireproof material. Unless otherwise specified in these regulations,
all other parts of the cowling must be made of material that is at least
fire resistant.
14 CFR 125.149 Engine accessory section diaphragm.
Unless equivalent protection can be shown by other means, a diaphragm
that complies with 125.145 must be provided on air-cooled engines to
isolate the engine power section and all parts of the exhaust system
from the engine accessory compartment.
14 CFR 125.151 Powerplant fire protection.
(a) Designated fire zones must be protected from fire by compliance
with 125.153 through 125.159.
(b) Designated fire zones are --
(1) Engine accessory sections;
(2) Installations where no isolation is provided between the engine
and accessory compartment; and
(3) Areas that contain auxiliary power units, fuel-burning heaters,
and other combustion equipment.
14 CFR 125.153 Flammable fluids.
(a) No tanks or reservoirs that are a part of a system containing
flammable fluids or gases may be located in designated fire zones,
except where the fluid contained, the design of the system, the
materials used in the tank, the shutoff means, and the connections,
lines, and controls provide equivalent safety.
(b) At least one-half inch of clear airspace must be provided between
any tank or reservior and a firewall or shroud isolating a designated
fire zone.
14 CFR 125.155 Shutoff means.
(a) Each engine must have a means for shutting off or otherwise
preventing hazardous amounts of fuel, oil, deicer, and other flammable
fluids from flowing into, within, or through any designated fire zone.
However, means need not be provided to shut off flow in lines that are
an integral part of an engine.
(b) The shutoff means must allow an emergency operating sequence that
is compatible with the emergency operation of other equipment, such as
feathering the propeller, to facilitate rapid and effective control of
fires.
(c) Shutoff means must be located outside of designated fire zones,
unless equivalent safety is provided, and it must be shown that no
hazardous amount of flammable fluid will drain into any designated fire
zone after a shutoff.
(d) Adequate provisions must be made to guard against inadvertent
operation of the shutoff means and to make it possible for the crew to
reopen the shutoff means after it has been closed.
14 CFR 125.157 Lines and fittings.
(a) Each line, and its fittings, that is located in a designated fire
zone, if it carries flammable fluids or gases under pressure, or is
attached directly to the engine, or is subject to relative motion
between components (except lines and fittings forming an integral part
of the engine), must be flexible and fire-resistant with fire-resistant,
factory-fixed, detachable, or other approved fire-resistant ends.
(b) Lines and fittings that are not subject to pressure or to
relative motion between components must be of fire-resistant materials.
14 CFR 125.159 Vent and drain lines.
All vent and drain lines, and their fittings, that are located in a
designated fire zone must, if they carry flammable fluids or gases,
comply with 125.157, if the Administrator finds that the rupture or
breakage of any vent or drain line may result in a fire hazard.
14 CFR 125.161 Fire-extinguishing systems.
(a) Unless the certificate holder shows that equivalent protection
against destruction of the airplane in case of fire is provided by the
use of fireproof materials in the nacelle and other components that
would be subjected to flame, fire-extinguishing systems must be provided
to serve all designated fire zones.
(b) Materials in the fire-extinguishing system must not react
chemically with the extinguishing agent so as to be a hazard.
14 CFR 125.163 Fire-extinguishing agents.
Only methyl bromide, carbon dioxide, or another agent that has been
shown to provide equivalent extinguishing action may be used as a
fire-extinguishing agent. If methyl bromide or any other toxic
extinguishing agent is used, provisions must be made to prevent harmful
concentrations of fluid or fluid vapors from entering any personnel
compartment either because of leakage during normal operation of the
airplane or because of discharging the fire extinguisher on the ground
or in flight when there is a defect in the extinguishing system. If a
methyl bromide system is used, the containers must be charged with dry
agent and sealed by the fire-extinguisher manufacturer or some other
person using satisfactory recharging equipment. If carbon dioxide is
used, it must not be possible to discharge enough gas into the personnel
compartments to create a danger of suffocating the occupants.
14 CFR 125.165 Extinguishing agent container pressure relief.
Extinguishing agent containers must be provided with a pressure
relief to prevent bursting of the container because of excessive
internal pressures. The discharge line from the relief connection must
terminate outside the airplane in a place convenient for inspection on
the ground. An indicator must be provided at the discharge end of the
line to provide a visual indication when the container has discharged.
14 CFR 125.167 Extinguishing agent container compartment temperature.
Precautions must be taken to ensure that the extinguishing agent
containers are installed in places where reasonable temperatures can be
maintained for effective use of the extinguishing system.
14 CFR 125.169 Fire-extinguishing system materials.
(a) Except as provided in paragraph (b) of this section, each
component of a fire-extinguishing system that is in a designated fire
zone must be made of fireproof materials.
(b) Connections that are subject to relative motion between
components of the airplane must be made of flexible materials that are
at least fire-resistant and be located so as to minimize the probability
of failure.
14 CFR 125.171 Fire-detector systems.
Enough quick-acting fire detectors must be provided in each
designated fire zone to assure the detection of any fire that may occur
in that zone.
14 CFR 125.173 Fire detectors.
Fire detectors must be made and installed in a manner that assures
their ability to resist, without failure, all vibration, inertia, and
other loads to which they may be normally subjected. Fire detectors
must be unaffected by exposure to fumes, oil, water, or other fluids
that may be present.
14 CFR 125.175 Protection of other airplane components against fire.
(a) Except as provided in paragraph (b) of this section, all airplane
surfaces aft of the nacelles in the area of one nacelle diameter on both
sides of the nacelle centerline must be made of material that is at
least fire resistant.
(b) Paragraph (a) of this section does not apply to tail surfaces
lying behind nacelles unless the dimensional configuration of the
airplane is such that the tail surfaces could be affected readily by
heat, flames, or sparks emanating from a designated fire zone or from
the engine from a designated fire zone or from the engine compartment of
any nacelle.
14 CFR 125.177 Control of engine rotation.
(a) Except as provided in paragraph (b) of this section, each
airplane must have a means of individually stopping and restarting the
rotation of any engine in flight.
(b) In the case of turbine engine installations, a means of stopping
rotation need be provided only if the Administrator finds that rotation
could jeopardize the safety of the airplane.
14 CFR 125.179 Fuel system independence.
(a) Each airplane fuel system must be arranged so that the failure of
any one component does not result in the irrecoverable loss of power of
more than one engine.
(b) A separate fuel tank need not be provided for each engine if the
certificate holder shows that the fuel system incorporates features that
provide equivalent safety.
14 CFR 125.181 Induction system ice prevention.
A means for preventing the malfunctioning of each engine due to ice
accumulation in the engine air induction system must be provided for
each airplane.
14 CFR 125.183 Carriage of cargo in passenger compartments.
(a) Except as provided in paragraph (b) or (c) of this section, no
certificate holder may carry cargo in the passenger compartment of an
airplane.
(b) Cargo may be carried aft of the foremost seated passengers if it
is carried in an approved cargo bin that meets the following
requirements:
(1) The bin must withstand the load factors and emergency landing
conditions applicable to the passenger seats of the airplane in which
the bin is installed, multiplied by a factor of 1.15, using the combined
weight of the bin and the maximum weight of cargo that may be carried in
the bin.
(2) The maximum weight of cargo that the bin is approved to carry and
any instructions necessary to ensure proper weight distribution within
the bin must be conspicuously marked on the bin.
(3) The bin may not impose any load on the floor or other structure
of the airplane that exceeds the load limitations of that structure.
(4) The bin must be attached to the seat tracks or to the floor
structure of the airplane, and its attachment must withstand the load
factors and emergency landing conditions applicable to the passenger
seats of the airplane in which the bin is installed, multiplied by
either the factor 1.15 or the seat attachment factor specified for the
airplane, whichever is greater, using the combined weight of the bin and
the maximum weight of cargo that may be carried in the bin.
(5) The bin may not be installed in a position that restricts access
to or use of any required emergency exit, or of the aisle in the
passenger compartment.
(6) The bin must be fully enclosed and made of material that is at
least flame-resistant.
(7) Suitable safeguards must be provided within the bin to prevent
the cargo from shifting under emergency landing conditions.
(8) The bin may not be installed in a position that obscures any
passenger's view of the ''seat belt'' sign, ''no smoking'' sign, or any
required exit sign, unless an auxiliary sign or other approved means for
proper notification of the passenger is provided.
(c) All cargo may be carried forward of the foremost seated
passengers and carry-on baggage may be carried alongside the foremost
seated passengers if the cargo (including carry-on baggage) is carried
either in approved bins as specified in paragraph (b) of this section or
in accordance with the following:
(1) It is properly secured by a safety belt or other tie down having
enough strength to eliminate the possibility of shifting under all
normally anticipated flight and ground conditions.
(2) It is packaged or covered in a manner to avoid possible injury to
passengers.
(3) It does not impose any load on seats or the floor structure that
exceeds the load limitation for those components.
(4) Its location does not restrict access to or use of any required
emergency or regular exit, or of the aisle in the passenger compartment.
(5) Its location does not obscure any passenger's view of the ''seat
belt'' sign, ''no smoking'' sign, or required exit sign, unless an
auxiliary sign or other approved means for proper notification of the
passenger is provided.
14 CFR 125.185 Carriage of cargo in cargo compartments.
When cargo is carried in cargo compartments that are designed to
require the physical entry of a crewmember to extinguish any fire that
may occur during flight, the cargo must be loaded so as to allow a
crewmember to effectively reach all parts of the compartment with the
contents of a hand-held fire extinguisher.
14 CFR 125.187 Landing gear: Aural warning device.
(a) Except for airplanes that comply with the requirements of 25.729
of this chapter on or after January 6, 1992, each airplane must have a
landing gear aural warning device that functions continuously under the
following conditions:
(1) For airplanes with an established approach wing-flap position,
whenever the wing flaps are extended beyond the maximum certificated
approach climb configuration position in the Airplane Flight Manual and
the landing gear is not fully extended and locked.
(2) For airplanes without an established approach climb wing-flap
position, whenever the wing flaps are extended beyond the position at
which landing gear extension is normally performed and the landing gear
is not fully extended and locked.
(b) The warning system required by paragraph (a) of this section --
(1) May not have a manual shutoff;
(2) Must be in addition to the throttle-actuated device installed
under the type certification airworthiness requirements; and
(3) May utilize any part of the throttle-actuated system including
the aural warning device.
(c) The flap position sensing unit may be installed at any suitable
place in the airplane.
(Docket No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt.
125-16, 56 FR 63762, Dec. 5, 1991)
Effective Date Note: By Amdt. 125-16, 56 FR 63762, Dec. 5, 1991,
125.187 was amended by revising the introductory text of paragraph (a),
effective January 6, 1992. For the convenience of the user, the
superseded text appears as follows.
125.187Landing gear: Aural warning device.
(a) Each airplane must have a landing gear aural warning device that
functions continuously under the following conditions:
14 CFR 125.189 Demonstration of emergency evacuation procedures.
(a) Each certificate holder must show, by actual demonstration
conducted in accordance with paragraph (a) of appendix B of this part,
that the emergency evacuation procedures for each type and model of
airplane with a seating of more than 44 passengers, that is used in its
passenger-carrying operations, allow the evacuation of the full seating
capacity, including crewmembers, in 90 seconds or less, in each of the
following circumstances:
(1) A demonstration must be conducted by the certificate holder upon
the initial introduction of a type and model of airplane into
passenger-carrying operations. However, the demonstration need not be
repeated for any airplane type or model that has the same number and
type of exits, the same cabin configuration, and the same emergency
equipment as any other airplane used by the certificate holder in
successfully demonstrating emergency evacuation in compliance with this
paragraph.
(2) A demonstration must be conducted --
(i) Upon increasing by more than 5 percent the passenger seating
capacity for which successful demonstration has been conducted; or
(ii) Upon a major change in the passenger cabin interior
configuration that will affect the emergency evacuation of passengers.
(b) If a certificate holder has conducted a successful demonstration
required by 121.291(a) in the same type airplane as a part 121 or part
123 certificate holder, it need not conduct a demonstration under this
paragraph in that type airplane to achieve certification under part 125.
(c) Each certificate holder operating or proposing to operate one or
more landplanes in extended overwater operations, or otherwise required
to have certain equipment under 125.209, must show, by a simulated
ditching conducted in accordance with paragraph (b) of appendix B of
this part, that it has the ability to efficiently carry out its ditching
procedures.
(d) If a certificate holder has conducted a successful demonstration
required by 121.291(b) in the same type airplane as a part 121 or part
123 certificate holder, it need not conduct a demonstration under this
paragraph in that type airplane to achieve certification under part 125.
14 CFR 125.189 Subpart F -- Instrument and Equipment Requirements
14 CFR 125.201 Inoperable instruments and equipment.
(a) No person may take off an airplane with inoperable instruments or
equipment installed unless the following conditions are met:
(1) An approved Minimum Equipment List exists for that airplane.
(2) The Flight Standards District Office having certification
responsibility has issued the certificate holder operations
specifications authorizing operations in accordance with an approved
Minimum Equipment List. The flight crew shall have direct access at all
times prior to flight to all of the information contained in the
approved Minimum Equipment List through printed or other means approved
by the Administrator in the certificate holders operations
specifications. An approved Minimum Equipment List, as authorized by
the operations specifications, constitutes an approved change to the
type design without requiring recertification.
(3) The approved Minimum Equipment List must:
(i) Be prepared in accordance with the limitations specified in
paragraph (b) of this section.
(ii) Provide for the operation of the airplane with certain
instruments and equipment in an inoperable condition.
(4) Records identifying the inoperable instruments and equipment and
the information required by paragraph (a)(3)(ii) of this section must be
available to the pilot.
(5) The airplane is operated under all applicable conditions and
limitations contained in the Minimum Equipment List and the operations
specifications authorizing use of the Minimum Equipment List.
(b) The following instruments and equipment may not be included in
the Minimum Equipment List:
(1) Instruments and equipment that are either specifically or
otherwise required by the airworthiness requirements under which the
airplane is type certificated and which are essential for safe
operations under all operating conditions.
(2) Instruments and equipment required by an airworthiness directive
to be in operable condition unless the airworthiness directive provides
otherwise.
(3) Instruments and equipment required for specific operations by
this part.
(c) Notwithstanding paragraphs (b)(1) and (b)(3) of this section, an
airplane with inoperable instruments or equipment may be operated under
a special flight permit under 21.197 and 21.199 of this chapter.
(Doc. No. 25780, 56 FR 12310, Mar. 22, 1991)
14 CFR 125.203 Radio and navigational equipment.
(a) No person may operate an airplane unless it has two-way radio
communications equipment able, at least in flight, to transmit to, and
receive from, ground facilities 25 miles away.
(b) No person may operate an airplane over-the-top unless it has
radio navigational equipment able to receive radio signals from the
ground facilities to be used.
(c) No person may operate an airplane carrying passengers under IFR
or in extended overwater operations unless it has at least the following
radio communication and navigational equipment appropriate to the
facilities to be used which are capable of transmitting to, and
receiving from, at any place on the route to be flown, at least one
ground facility:
(1) Two transmitters, (2) two microphones, (3) two headsets or one
headset and one speaker (4) a marker beacon receiver, (5) two
independent receivers for navigation, and (6) two independent receivers
for communications.
(d) For the purposes of paragraphs (c)(5) and (c)(6) of this section,
a receiver is independent if the function of any part of it does not
depend on the functioning of any part of another receiver. However, a
receiver that can receive both communications and navigational signals
may be used in place of a separate communications receiver and a
separate navigational signal receiver.
14 CFR 125.205 Equipment requirements: Airplanes under IFR.
No person may operate an airplane under IFR unless it has --
(a) A vertical speed indicator;
(b) A free-air temperature indicator;
(c) A heated pitot tube for each airspeed indicator;
(d) A power failure warning device or vacuum indicator to show the
power available for gyroscopic instruments from each power source;
(e) An alternate source of static pressure for the altimeter and the
airspeed and vertical speed indicators;
(f) At least two generators each of which is on a separate engine, or
which any combination of one-half of the total number are rated
sufficiently to supply the electrical loads of all required instruments
and equipment necessary for safe emergency operation of the airplane;
and
(g) Two independent sources of energy (with means of selecting
either), of which at least one is an engine-driven pump or generator,
each of which is able to drive all gyroscopic instruments and installed
so that failure of one instrument or source does not interfere with the
energy supply to the remaining instruments or the other energy source.
For the purposes of this paragraph, each engine-driven source of energy
must be on a different engine.
(h) For the purposes of paragraph (f) of this section, a continuous
inflight electrical load includes one that draws current continuously
during flight, such as radio equipment, electrically driven instruments,
and lights, but does not include occasional intermittent loads.
(i) An airspeed indicating system with heated pitot tube or
equivalent means for preventing malfunctioning due to icing.
(j) A sensitive altimeter.
(k) Instrument lights providing enough light to make each required
instrument, switch, or similar instrument easily readable and installed
so that the direct rays are shielded from the flight crewmembers' eyes
and that no objectionable reflections are visible to them. There must
be a means of controlling the intensity of illumination unless it is
shown that nondimming instrument lights are satisfactory.
14 CFR 125.206 Pitot heat indication systems.
(a) Except as provided in paragraph (b) of this section, after April
12, 1981, no person may operate a transport category airplane equipped
with a flight instrument pitot heating system unless the airplane is
equipped with an operable pitot heat indication system that complies
with 25.1326 of this chapter in effect on April 12, 1978.
(b) A certificate holder may obtain an extension of the April 12,
1981, compliance date specified in paragraph (a) of this section, but
not beyond April 12, 1983, from the Director, Flight Standards Service
if the certificate holder --
(1) Shows that due to circumstances beyond its control it cannot
comply by the specified compliance date; and
(2) Submits by the specified compliance date a schedule for
compliance acceptable to the Director, indicating that compliance will
be achieved at the earliest practicable date.
(Amdt. 125-3, 46 FR 43806, Aug. 31, 1981, as amended by Amdt.
125-13, 54 FR 39294, Sept. 25, 1989)
14 CFR 125.207 Emergency equipment requirements.
(a) No person may operate an airplane having a seating capacity of 20
or more passengers unless it is equipped with the following emergency
equipment:
(1) One approved first aid kit for treatment of injuries likely to
occur in flight or in a minor accident, which meets the following
specifications and requirements:
(i) Each first aid kit must be dust and moisture proof and contain
only materials that either meet Federal Specifications GGK-391a, as
revised, or as approved by the Administrator.
(ii) Required first aid kits must be readily accessible to the cabin
flight attendants.
(iii) At time of takeoff, each first aid kit must contain at least
the following or other contents approved by the Administrator:
(2) A crash axe carried so as to be accessible to the crew but
inaccessible to passengers during normal operations.
(3) Signs that are visible to all occupants to notify them when
smoking is prohibited and when safety belts should be fastened. The
signs must be so constructed that they can be turned on and off by a
crewmember. They must be turned on for each takeoff and each landing
and when otherwise considered to be necessary by the pilot in command.
(4) The additional emergency equipment specified in appendix A of
this part.
(b) Megaphones. Each passenger-carrying airplane must have a
portable battery-powered megaphone or megaphones readily accessible to
the crewmembers assigned to direct emergency evacuation, installed as
follows:
(1) One megaphone on each airplane with a seating capacity of more
than 60 and less than 100 passengers, at the most rearward location in
the passenger cabin where it would be readily accessible to a normal
flight attendant seat. However, the Administrator may grant a deviation
from the requirements of this paragraph if the Administrator finds that
a different location would be more useful for evacuation of persons
during an emergency.
(2) Two megaphones in the passenger cabin on each airplane with a
seating capacity of more than 99 and less than 200 passengers, one
installed at the forward end and the other at the most rearward location
where it would be readily accessible to a normal flight attendant seat.
(3) Three megaphones in the passenger cabin on each airplane with a
seating capacity of more than 199 passengers, one installed at the
forward end, one installed at the most rearward location where it would
be readily accessible to a normal flight attendant seat, and one
installed in a readily accessible location in the mid-section of the
airplane.
14 CFR 125.209 Emergency equipment: Extended overwater operations.
(a) No person may operate an airplane in extended overwater
operations unless it carries, installed in conspicuously marked
locations easily accessible to the occupants if a ditching occurs, the
following equipment:
(1) An approved life preserver equipped with an approved survivor
locator light, or an approved flotation means, for each occupant of the
aircraft. The life preserver or other flotation means must be easily
accessible to each seated occupant. If a flotation means other than a
life preserver is used, it must be readily removable from the airplane.
(2) Enough approved life rafts (with proper buoyancy) to carry all
occupants of the airplane, and at least the following equipment for each
raft clearly marked for easy identification --
(i) One canopy (for sail, sunshade, or rain catcher);
(ii) One radar reflector (or similar device);
(iii) One life raft repair kit;
(iv) One bailing bucket;
(v) One signaling mirror;
(vi) One police whistle;
(vii) One raft knife;
(viii) One CO2, bottle for emergency inflation;
(ix) One inflation pump;
(x) Two oars;
(xi) One 75-foot retaining line;
(xii) One magnetic compass;
(xiii) One dye marker;
(xiv) One flashlight having at least two size ''D'' cells or
equivalent;
(xv) At least one approved pyrotechnic signaling device;
(xvi) A 2-day supply of emergency food rations supplying at least
1,000 calories a day for each person;
(xvii) One sea water desalting kit for each two persons that raft is
rated to carry, or two pints of water for each person the raft is rated
to carry;
(xviii) One fishing kit; and
(xix) One book on survival appropriate for the area in which the
airplane is operated.
(b) No person may operate an airplane in extended overwater
operations unless there is attached to one of the life rafts required by
paragraph (a) of this section, a survival type emergency locator
transmitter that meets TSO-C91. Batteries used in this transmitter must
be replaced (or recharged, if the batteries are rechargeable) when the
transmitter has been in use for more than 1 cumulative hour, and also
when 50 percent of their useful life (or for rechargeable batteries, 50
percent of their useful life of charge), as established by the
transmitter manufacturer under TSO-C91 has expired. The new expiration
date for the replacement or recharged batteries must be legibly marked
on the outside of the transmitter. The battery useful life or useful
life of charge requirements of this paragraph do not apply to batteries
(such as water-activated batteries) that are essentially unaffected
during probably storage intervals.
14 CFR 125.211 Seat and safety belts.
(a) No person may operate an airplane unless there are available
during the takeoff, en route flight, and landing --
(1) An approved seat or berth for each person on board the airplane
who is at least 2 years old; and
(2) An approved safety belt for separate use by each person on board
the airplane who is at least 2 years old, except that two persons
occupying a berth may share one approved safety belt and two persons
occupying a multiple lounge or divan seat may share one approved safety
belt during en route flight only.
(b) During the takeoff and landing of an airplane, each person on
board shall occupy an approved seat or berth with a separate safety belt
properly secured about that person. However, a person who is not at
least 2 years old may be held by an adult who is occupying a seat or
berth. A safety belt provided for the occupant of a seat may not be
used during takeoff and landing by more than one person who is at least
2 years old.
(c) Each sideward facing seat must comply with the applicable
requirements of 25.785(c) of this chapter.
(d) No certificate holder may take off or land an airplane unless
each passenger seat back is in the upright position. Each passenger
shall comply with instructions given by a crewmember in compliance with
this paragraph. This paragraph does not apply to seats on which cargo
or persons who are unable to sit erect for a medical reason are carried
in accordance with procedures in the certificate holder's manual if the
seat back does not obstruct any passenger's access to the aisle or to
any emergency exit.
(e) Each occupant of a seat equipped with a shoulder harness must
fasten the shoulder harness during takeoff and landing, except that, in
the case of crewmembers, the shoulder harness need not be fastened if
the crewmember cannot perform his required duties with the shoulder
harness fastened.
14 CFR 125.213 Miscellaneous equipment.
No person may conduct any operation unless the following equipment is
installed in the airplane:
(a) If protective fuses are installed on an airplane, the number of
spare fuses approved for the airplane and appropriately described in the
certificate holder's manual.
(b) A windshield wiper or equivalent for each pilot station.
(c) A power supply and distribution system that meets the
requirements of 25.1309, 25.1331, 25.1351 (a) and (b) (1) through (4),
25.1353, 25.1355, and 25.1431(b) or that is able to produce and
distribute the load for the required instruments and equipment, with use
of an external power supply if any one power source or component of the
power distribution system fails. The use of common elements in the
system may be approved if the Administrator finds that they are designed
to be reasonably protected against malfunctioning. Engine-driven
sources of energy, when used, must be on separate engines.
(d) A means for indicating the adequacy of the power being supplied
to required flight instruments.
(e) Two independent static pressure systems, vented to the outside
atmospheric pressure so that they will be least affected by air flow
variation or moisture or other foreign matter, and installed so as to be
airtight except for the vent. When a means is provided for transferring
an instrument from its primary operating system to an alternative
system, the means must include a positive positioning control and must
be marked to indicate clearly which system is being used.
(f) A placard on each door that is the means of access to a required
passenger emergency exit to indicate that it must be open during takeoff
and landing.
(g) A means for the crew, in an emergency, to unlock each door that
leads to a compartment that is normally accessible to passengers and
that can be locked by passengers.
14 CFR 125.215 Operating information required.
(a) The operator of an airplane must provide the following materials,
in current and appropriate form, accessible to the pilot at the pilot
station, and the pilot shall use them:
(1) A cockpit checklist.
(2) An emergency cockpit checklist containing the procedures required
by paragraph (c) of this section, as appropriate.
(3) Pertinent aeronautical charts.
(4) For IFR operations, each pertinent navigational en route,
terminal area, and approach and letdown chart;
(5) One-engine-inoperative climb performance data and, if the
airplane is approved for use in IFR or over-the-top operations, that
data must be sufficient to enable the pilot to determine that the
airplane is capable of carrying passengers over-the-top or in IFR
conditions at a weight that will allow it to climb, with the critical
engine inoperative, at least 50 feet a minute when operating at the
MEA's of the route to be flown or 5,000 feet MSL, whichever is higher.
(b) Each cockpit checklist required by paragraph (a)(1) of this
section must contain the following procedures:
(1) Before starting engines;
(2) Before take-off;
(3) Cruise;
(4) Before landing;
(5) After landing;
(6) Stopping engines.
(c) Each emergency cockpit checklist required by paragraph (a)(2) of
this section must contain the following procedures, as appropriate:
(1) Emergency operation of fuel, hydraulic, electrical, and
mechanical systems.
(2) Emergency operation of instruments and controls.
(3) Engine inoperative procedures.
(4) Any other emergency procedures necessary for safety.
14 CFR 125.217 Passenger information.
(a) No person may operate an airplane carrying passengers unless it
is equipped with passenger information signs that meet the requirements
of 25.791 of this chapter. The signs must be constructed so that the
crewmembers can turn them on and off. They must be turned on for each
takeoff and each landing and when otherwise considered to be necessary
by the pilot in command.
(b) No passenger or crewmember may smoke while the no smoking sign is
lighted and each passenger shall fasten that passenger's seat belt and
keep it fastened while the seat belt sign is lighted.
14 CFR 125.219 Oxygen for medical use by passengers.
(a) Except as provided in paragraphs (d) and (e) of this section, no
certificate holder may allow the carriage or operation of equipment for
the storage, generation or dispensing of medical oxygen unless the unit
to be carried is constructed so that all valves, fittings, and gauges
are protected from damage during that carriage or operation and unless
the following conditions are met:
(1) The equipment must be --
(i) Of an approved type or in conformity with the manufacturing,
packaging, marking, labeling, and maintenance requirements of title 49
CFR parts 171, 172, and 173, except 173.24(a)(1);
(ii) When owned by the certificate holder, maintained under the
certificate holder's approved maintenance program;
(iii) Free of flammable contaminants on all exterior surfaces; and
(iv) Appropriately secured.
(2) When the oxygen is stored in the form of a liquid, the equipment
must have been under the certificate holder's approved maintenance
program since its purchase new or since the storage container was last
purged.
(3) When the oxygen is stored in the form of a compressed gas as
defined in title 49 CFR 173.300(a) --
(i) When owned by the certificate holder, it must be maintained under
its approved maintenance program; and
(ii) The pressure in any oxygen cylinder must not exceed the rated
cylinder pressure.
(4) The pilot in command must be advised when the equipment is on
board and when it is intended to be used.
(5) The equipment must be stowed, and each person using the equipment
must be seated so as not to restrict access to or use of any required
emergency or regular exit or of the aisle in the passenger compartment.
(b) When oxygen is being used, no person may smoke and no certificate
holder may allow any person to smoke within 10 feet of oxygen storage
and dispensing equipment carried under paragraph (a) of this section.
(c) No certificate holder may allow any person other than a person
trained in the use of medical oxygen equipment to connect or disconnect
oxygen bottles or any other ancillary component while any passenger is
aboard the airplane.
(d) Paragraph (a)(1)(i) of this section does not apply when that
equipment is furnished by a professional or medical emergency service
for use on board an airplane in a medical emergency when no other
practical means of transportation (including any other properly equipped
certificate holder) is reasonably available and the person carried under
the medical emergency is accompanied by a person trained in the use of
medical oxygen.
(e) Each certificate holder who, under the authority of paragraph (d)
of this section, deviates from paragraph (a)(1)(i) of this section under
a medical emergency shall, within 10 days, excluding Saturdays, Sundays,
and Federal holidays, after the deviation, send to the FAA Flight
Standards district office charged with the overall inspection of the
certificate holder a complete report of the operation involved,
including a description of the deviation and the reasons for it.
14 CFR 125.221 Icing conditions: Operating limitations.
(a) No pilot may take off an airplane that has --
(1) Frost, snow, or ice adhering to any propeller, windshield, or
powerplant installation, or to an airspeed, altimeter, rate of climb, or
flight attitude instrument system;
(2) Snow or ice adhering to the wings or stabilizing or control
surfaces; or
(3) Any frost adhering to the wings, or stabilizing or control
surfaces, unless that frost has been polished to make it smooth.
(b) Except for an airplane that has ice protection provisions that
meet appendix C of this part or those for transport category airplane
type certification, no pilot may fly --
(1) Under IFR into known or forecast light or moderate icing
conditions; or
(2) Under VFR into known light or moderate icing conditions, unless
the airplane has functioning deicing or anti-icing equipment protecting
each propeller, windshield, wing, stabilizing or control surface, and
each airspeed, altimeter, rate of climb, or flight attitude instrument
system.
(c) Except for an airplane that has ice protection provisions that
meet appendix C of this part or those for transport category airplane
type certification, no pilot may fly an airplane into known or forecast
severe icing conditions.
(d) If current weather reports and briefing information relied upon
by the pilot in command indicate that the forecast icing condition that
would otherwise prohibit the flight will not be encountered during the
flight because of changed weather conditions since the forecast, the
restrictions in paragraphs (b) and (c) of this section based on forecast
conditions do not apply.
14 CFR 125.223 Airborne weather radar equipment requirements.
(a) No person may operate an airplane governed by this part in
passenger-carrying operations unless approved airborne weather radar
equipment is installed in the airplane.
(b) No person may begin a flight under IFR or night VFR conditions
when current weather reports indicate that thunderstorms, or other
potentially hazardous weather conditions that can be detected with
airborne weather radar equipment, may reasonably be expected along the
route to be flown, unless the airborne weather radar equipment required
by paragraph (a) of this section is in satisfactory operating condition.
(c) If the airborne weather radar equipment becomes inoperative en
route, the airplane must be operated under the instructions and
procedures specified for that event in the manual required by 125.71.
(d) This section does not apply to airplanes used solely within the
State of Hawaii, within the State of Alaska, within that part of Canada
west of longitude 130 degrees W, between latitude 70 degrees N, and
latitude 53 degrees N, or during any training, test, or ferry flight.
(e) Without regard to any other provision of this part, an alternate
electrical power supply is not required for airborne weather radar
equipment.
14 CFR 125.224 Traffic Alert and Collision Avoidance System.
(a) After December 30, 1993, no person may operate a large airplane
that has a passenger seating configuration, excluding any pilot seat, of
more than 30 seats unless it is equipped with an approved TCAS II
traffic alert and collision avoidance system and the appropriate class
of Mode S transponder.
(b) The manual required by 125.71 of this part shall contain the
following information on the TCAS II system required by this section.
(1) Appropriate procedures for --
(i) The operation of the equipment; and
(ii) Proper flightcrew action with respect to the equipment.
(2) An outline of all input sources that must be operating for the
TCAS II to function properly.
(Doc. No. 25355, 54 FR 951, Jan. 10, 1989, as amended by Amdt.
125-14, 55 FR 13247, Apr. 9, 1990)
14 CFR 125.225 Flight recorders.
(a) Except as provided in paragraph (d) of this section, after
October 11, 1991, no person may operate a large airplane type
certificated before October 1, 1969, for operations above 25,000 feet
altitude, nor a multiengine, turbine powered airplane type certificated
before October 1, 1969, unless it is equipped with one or more approved
flight recorders that utilize a digital method of recording and storing
data and a method of readily retrieving that data from the storage
medium. The following information must be able to be determined within
the ranges, accuracies, resolution, and recording intervals specified in
appendix D of this part:
(1) Time;
(2) Altitude;
(3) Airspeed;
(4) Vertical acceleration;
(5) Heading;
(6) Time of each radio transmission to or from air traffic control;
(7) Pitch attitude;
(8) Roll attitude;
(9) Longitudinal acceleration;
(10) Control column or pitch control surface position; and
(11) Thrust of each engine.
(b) Except as provided in paragraph (d) of this section, after
October 11, 1991, no person may operate a large airplane type
certificated after September 30, 1969, for operations above 25,000 feet
altitude, nor a multiengine, turbine powered airplane type certificated
after September 30, 1969, unless it is equipped with one or more
approved flight recorders that utilize a digital method of recording and
storing data and a method of readily retrieving that data from the
storage medium. The following information must be able to be determined
within the ranges, accuracies, resolutions, and recording intervals
specified in appendix D of this part:
(1) Time;
(2) Altitude;
(3) Airspeed;
(4) Vertical acceleration;
(5) Heading;
(6) Time of each radio transmission either to or from air traffic
control;
(7) Pitch attitude;
(8) Roll attitude;
(9) Longitudinal acceleration;
(10) Pitch trim position;
(11) Control column or pitch control surface position;
(12) Control wheel or lateral control surface position;
(13) Rudder pedal or yaw control surface position;
(14) Thrust of each engine;
(15) Position of each trust reverser;
(16) Trailing edge flap or cockpit flap control position; and
(17) Leading edge flap or cockpit flap control position.
(c) After October 11, 1991, no person may operate a large airplane
equipped with a digital data bus and ARINC 717 digital flight data
acquisition unit (DFDAU) or equivalent unless it is equipped with one or
more approved flight recorders that utilize a digital method of
recording and storing data and a method of readily retrieving that data
from the storage medium. Any parameters specified in appendix D of this
part that are available on the digital data bus must be recorded within
the ranges, accuracies, resolutions, and sampling intervals specified.
(d) No person may operate under this part an airplane that is
manufactured after October 11, 1991, unless it is equipped with one or
more approved flight recorders that utilize a digital method of
recording and storing data and a method of readily retrieving that data
from the storage medium. The parameters specified in appendix D of this
part must be recorded within the ranges, accuracies, resolutions and
sampling intervals specified. For the purpose of this section,
''manufactured'' means the point in time at which the airplane
inspection acceptance records reflect that the airplane is complete and
meets the FAA-approved type design data.
(e) Whenever a flight recorder required by this section is installed,
it must be operated continuously from the instant the airplane begins
the takeoff roll until it has completed the landing roll at an airport.
(f) Except as provided in paragraph (g) of this section, and except
for recorded data erased as authorized in this paragraph, each
certificate holder shall keep the recorded data prescribed in paragraph
(a), (b), (c), or (d) of this section, as applicable, until the airplane
has been operated for at least 25 hours of the operating time specified
in 125.227(a) of this chapter. A total of 1 hour of recorded data may
be erased for the purpose of testing the flight recorder or the flight
recorder system. Any erasure made in accordance with this paragraph
must be of the oldest recorded data accumulated at the time of testing.
Except as provided in paragraph (g) of this section, no record need be
kept more than 60 days.
(g) In the event of an accident or occurrence that requires immediate
notification of the National Transportation Safety Board under 49 CFR
part 830 and that results in termination of the flight, the certificate
holder shall remove the recording media from the airplane and keep the
recorded data required by paragraph (a), (b), (c), or (d) of this
section, as applicable, for at least 60 days or for a longer period upon
the request of the Board or the Administrator.
(h) Each flight recorder required by this section must be installed
in accordance with the requirements of 25.1459 of this chapter in
effect on August 31, 1977. The correlation required by 25.1459(c) of
this chapter need be established only on one airplane of any group of
airplanes.
(1) That are of the same type;
(2) On which the flight recorder models and their installations are
the same; and
(3) On which there are no differences in the type design with respect
to the installation of the first pilot's instruments associated with the
flight recorder. The most recent instrument calibration, including the
recording medium from which this calibration is derived, and the
recorder correlation must be retained by the certificate holder.
(i) Each flight recorder required by this section that records the
data specified in paragraphs (a), (b), (c), or (d) of this section must
have an approved device to assist in locating that recorder under water.
(Doc. No. 25530, Amdt. 125-10, 53 FR 26148, July 11, 1988; 53 FR
30906, Aug. 16, 1988)
14 CFR 125.227 Cockpit voice recorders.
(a) No certificate holder may operate a large turbine engine powered
airplane or a large pressurized airplane with four reciprocating engines
unless an approved cockpit voice recorder is installed in that airplane
and is operated continuously from the start of the use of the checklist
(before starting engines for the purpose of flight) to completion of the
final checklist at the termination of the flight.
(b) Each certificate holder shall establish a schedule for
completion, before the prescribed dates, of the cockpit voice recorder
installations required by paragraph (a) of this section. In addition,
the certificate holder shall identify any airplane specified in
paragraph (a) of this section he intends to discontinue using before the
prescribed dates.
(c) The cockpit voice recorder required by this section must also
meet the following standards:
(1) The requirements of part 25 of this chapter in effect after
October 11, 1991.
(2) After September 1, 1980, each recorder container must --
(i) Be either bright orange or bright yellow;
(ii) Have reflective tape affixed to the external surface to
facilitate its location under water; and
(iii) Have an approved underwater locating device on or adjacent to
the container which is secured in such a manner that it is not likely to
be separated during crash impact, unless the cockpit voice recorder and
the flight recorder, required by 125.225 of this chapter, are installed
adjacent to each other in such a manner that they are not likely to be
separated during crash impact.
(d) In complying with this section, an approved cockpit voice
recorder having an erasure feature may be used so that, at any time
during the operation of the recorder, information recorded more than 30
minutes earlier may be erased or otherwise obliterated.
(e) For those aircraft equipped to record the uninterrupted audio
signals received by a boom or a mask microphone the flight crewmembers
are required to use the boom microphone below 18,000 feet mean sea
level. No person may operate a large turbine engine powered airplane or
a large pressurized airplane with four reciprocating engines
manufactured after October 11, 1991, or on which a cockpit voice
recorder has been installed after October 11, 1991, unless it is
equipped to record the uninterrupted audio signal received by a boom or
mask microphone in accordance with 25.1457(c)(5) of this chapter.
(f) In the event of an accident or occurrence requiring immediate
notification of the National Transportation Safety Board under 49 CFR
part 830 of its regulations, which results in the termination of the
flight, the certificate holder shall keep the recorded information for
at least 60 days or, if requested by the Administrator or the Board, for
a longer period. Information obtained from the record is used to assist
in determining the cause of accidents or occurrences in connection with
investigations under 49 CFR part 830. The Administrator does not use
the record in any civil penalty or certificate action.
(Doc. No. 25530, Amdt. 125-10, 53 FR 26149, July 11, 1988)
14 CFR 125.227 Subpart G -- Maintenance
14 CFR 125.241 Applicability.
This subpart prescribes rules, in addition to those prescribed in
other parts of this chapter, for the maintenance of airplanes,
airframes, aircraft engines, propellers, appliances, each item of
survival and emergency equipment, and their component parts operated
under this part.
14 CFR 125.243 Certificate holder's responsibilities.
(a) With regard to airplanes, including airframes, aircraft engines,
propellers, appliances, and survival and emergency equipment, operated
by a certificate holder, that certificate holder is primarily
responsible for --
(1) Airworthiness;
(2) The performance of maintenance, preventive maintenance, and
alteration in accordance with applicable regulations and the certificate
holder's manual;
(3) The scheduling and performance of inspections required by this
part; and
(4) Ensuring that maintenance personnel make entries in the airplane
maintenance log and maintenance records which meet the requirements of
part 43 of this chapter and the certificate holder's manual, and which
indicate that the airplane has been approved for return to service after
maintenance, preventive maintenance, or alteration has been performed.
14 CFR 125.245 Organization required to perform maintenance, preventive
maintenance, and alteration.
The certificate holder must ensure that each person with whom it
arranges for the performance of maintenance, preventive maintenance,
alteration, or required inspection items identified in the certificate
holder's manual in accordance with 125.249(a)(3)(ii) must have an
organization adequate to perform that work.
14 CFR 125.247 Inspection programs and maintenance.
(a) No person may operate an airplane subject to this part unless
(1) The replacement times for life-limited parts specified in the
aircraft type certificate data sheets, or other documents approved by
the Administrator, are complied with;
(2) Defects disclosed between inspections, or as a result of
inspection, have been corrected in accordance with part 43 of this
chapter; and
(3) The airplane, including airframe, aircraft engines, propellers,
appliances, and survival and emergency equipment, and their component
parts, is inspected in accordance with an inspection program approved by
the Administrator.
(b) The inspection program specified in paragraph (a)(3) of this
section must include at least the following:
(1) Instructions, procedures, and standards for the conduct of
inspections for the particular make and model of airplane, including
necessary tests and checks. The instructions and procedures must set
forth in detail the parts and areas of the airframe, aircraft engines,
propellers, appliances, and survival and emergency equipment required to
be inspected.
(2) A schedule for the performance of inspections that must be
performed under the program, expressed in terms of the time in service,
calendar time, number of system operations, or any combination of these.
(c) No person may be used to perform the inspections required by this
part unless that person is authorized to perform maintenance under part
43 of this chapter.
(d) No person may operate an airplane subject to this part unless --
(1) The installed engines have been maintained in accordance with the
overhaul periods recommended by the manufacturer or a program approved
by the Administrator; and
(2) The engine overhaul periods are specified in the inspection
programs required by 125.247(a)(3).
(e) Inspection programs which may be approved for use under this part
include, but are not limited to --
(1) A continuous inspection program which is a part of a current
continuous airworthiness program approved for use by a certificate
holder under part 121 or part 135 of this chapter;
(2) Inspection programs currently recommended by the manufacturer of
the airplane, aircraft engines, propellers, appliances, or survival and
emergency equipment; or
(3) An inspection program developed by a certificate holder under
this part.
(Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt.
125-2, 46 FR 24409, Apr. 30, 1981)
14 CFR 125.249 Maintenance manual requirements.
(a) Each certificate holder's manual required by 125.71 of this part
shall contain, in addition to the items required by 125.73 of this
part, at least the following:
(1) A description of the certificate holders maintenance
organization, when the certificate holder has such an organization.
(2) A list of those persons with whom the certificate holder has
arranged for performance of inspections under this part. The list shall
include the persons' names and addresses.
(3) The inspection programs required by 125.247 of this part to be
followed in the performance of inspections under this part including --
(i) The method of performing routine and nonroutine inspections
(other than required inspections);
(ii) The designation of the items that must be inspected (required
inspections), including at least those which if improperly accomplished
could result in a failure, malfunction, or defect endangering the safe
operation of the airplane;
(iii) The method of performing required inspections;
(iv) Procedures for the inspection of work performed under previously
required inspection findings (''buy-back procedures'');
(v) Procedures, standards, and limits necessary for required
inspections and acceptance or rejection of the items required to be
inspected;
(vi) Instructions to prevent any person who performs any item of work
from performing any required inspection of that work; and
(vii) Procedures to ensure that work interruptions do not adversely
affect required inspections and to ensure required inspections are
properly completed before the airplane is released to service.
(b) In addition, each certificate holder's manual shall contain a
suitable system which may include a coded system that provides for the
retention of the following:
(1) A description (or reference to data acceptable to the
Administrator) of the work performed.
(2) The name of the person performing the work and the person's
certificate type and number.
(3) The name of the person approving the work and the person's
certificate type and number.
14 CFR 125.251 Required inspection personnel.
(a) No person may use any person to perform required inspections
unless the person performing the inspection is appropriately
certificated, properly trained, qualified, and authorized to do so.
(b) No person may perform a required inspection if that person
performed the item of work required to be inspected.
14 CFR 125.251 Subpart H -- Airman and Crewmember Requirements
14 CFR 125.261 Airman: Limitations on use of services.
(a) No certificate holder may use any person as an airman nor may any
person serve as an airman unless that person --
(1) Holds an appropriate current airman certificate issued by the
FAA;
(2) Has any required appropriate current airman and medical
certificates in that person's possession while engaged in operations
under this part; and
(3) Is otherwise qualified for the operation for which that person is
to be used.
(b) Each airman covered by paragraph (a) of this section shall
present the certificates for inspection upon the request of the
Administrator.
14 CFR 125.263 Composition of flightcrew.
(a) No certificate holder may operate an airplane with less than the
minimum flightcrew specified in the type certificate and the Airplane
Flight Manual approved for that type airplane and required by this part
for the kind of operation being conducted.
(b) In any case in which this part requires the performance of two or
more functions for which an airman certificate is necessary, that
requirement is not satisfied by the performance of multiple functions at
the same time by one airman.
(c) On each flight requiring a flight engineer, at least one flight
crewmember, other than the flight engineer, must be qualified to provide
emergency performance of the flight engineer's functions for the safe
completion of the flight if the flight engineer becomes ill or is
otherwise incapacitated. A pilot need not hold a flight engineer's
certificate to perform the flight engineer's functions in such a
situation.
14 CFR 125.265 Flight engineer requirements.
(a) No person may operate an airplane for which a flight engineer is
required by the type certification requirements without a flight
crewmember holding a current flight engineer certificate.
(b) No person may serve as a required flight engineer on an airplane
unless, within the preceding 6 calendar months, that person has had at
least 50 hours of flight time as a flight engineer on that type
airplane, or the Administrator has checked that person on that type
airplane and determined that person is familiar and competent with all
essential current information and operating procedures.
14 CFR 125.267 Flight navigator and long-range navigation equipment.
(a) No certificate holder may operate an airplane outside the 48
conterminous States and the District of Columbia when its position
cannot be reliably fixed for a period of more than 1 hour, without --
(1) A flight crewmember who holds a current flight navigator
certificate; or
(2) Two independent, properly functioning, and approved long-range
means of navigation which enable a reliable determination to be made of
the position of the airplane by each pilot seated at that person's duty
station.
(b) Operations where a flight navigator or long-range navigation
equipment, or both, are required are specified in the operations
specifications of the operator.
14 CFR 125.269 Flight attendants.
(a) Each certificate holder shall provide at least the following
flight attendants on each passenger-carrying airplane used:
(1) For airplanes having more than 19 but less than 51 passengers --
one flight attendant.
(2) For airplanes having more than 50 but less than 101 passengers --
two flight attendants.
(3) For airplanes having more than 100 passengers -- two flight
attendants plus one additional flight attendant for each unit (or part
of a unit) of 50 passengers above 100 passengers.
(b) The number of flight attendants approved under paragraphs (a) and
(b) of this section are set forth in the certificate holder's operations
specifications.
(c) During takeoff and landing, flight attendants required by this
section shall be located as near as practicable to required floor level
exits and shall be uniformly distributed throughout the airplane to
provide the most effective egress of passengers in event of an emergency
evacuation.
14 CFR 125.271 Emergency and emergency evacuation duties.
(a) Each certificate holder shall, for each type and model of
airplane, assign to each category of required crewmember, as
appropriate, the necessary functions to be performed in an emergency or
a situation requiring emergency evacuation. The certificate holder
shall show those functions are realistic, can be practically
accomplished, and will meet any reasonably anticipated emergency,
including the possible incapacitation of individual crewmembers or their
inability to reach the passenger cabin because of shifting cargo in
combination cargo-passenger airplanes.
(b) The certificate holder shall describe in its manual the functions
of each category of required crewmembers under paragraph (a) of this
section.
14 CFR 125.271 Subpart I -- Flight Crewmember Requirements
14 CFR 125.281 Pilot-in-command qualifications.
No certificate holder may use any person, nor may any person serve,
as pilot in command of an airplane unless that person --
(a) Holds at least a commercial pilot certificate, an appropriate
category, class, and type rating, and an instrument rating; and
(b) Has had at least 1,200 hours of flight time as a pilot, including
500 hours of cross-country flight time, 100 hours of night flight time,
including at least 10 night takeoffs and landings, and 75 hours of
actual or simulated instrument flight time, at least 50 hours of which
were actual flight.
14 CFR 125.283 Second-in-command qualifications.
No certificate holder may use any person, nor may any person serve,
as second in command of an airplane unless that person --
(a) Holds at least a commercial pilot certificate with appropriate
category and class ratings, and an instrument rating; and
(b) For flight under IFR, meets the recent instrument experience
requirements prescribed for a pilot in command in part 61 of this
chapter.
14 CFR 125.285 Pilot qualifications: Recent experience.
(a) No certificate holder may use any person, nor may any person
serve, as a required pilot flight crewmember unless within the preceding
90 days that person has made at least three takeoffs and landings in the
type airplane in which that person is to serve. The takeoffs and
landings required by this paragraph may be performed in a visual
simulator approved under 125.297 to include takeoff and landing
maneuvers. However, any person who fails to qualify for a
90-consecutive-day period following the date of that person's last
qualification under this paragraph must reestablish recency of
experience as provided in paragraph (b) of this section.
(b) A required pilot flight crewmember who has not met the
requirements of paragraph (a) of this section may reestablish recency of
experience by making at least three takeoffs and landings under the
supervision of an authorized check airman, in accordance with the
following:
(1) At least one takeoff must be made with a simulated failure of the
most critical powerplant.
(2) At least one landing must be made from an ILS approach to the
lowest ILS minimums authorized for the certificate holder.
(3) At least one landing must be made to a complete stop.
(c) A required pilot flight crewmember who performs the maneuvers
prescribed in paragraph (b) of this section in a visual simulator must
--
(1) Have previously logged 100 hours of flight time in the same type
airplane in which the pilot is to serve; and
(2) Be observed on the first two landings made in operations under
this part by an authorized check airman who acts as pilot in command and
occupies a pilot seat. The landings must be made in weather minimums
that are not less than those contained in the certificate holder's
operations specifications for Category I operations and must be made
within 45 days following completion of simulator testing.
(d) An authorized check airman who observes the takeoffs and landings
prescribed in paragraphs (b) and (c)(3) of this section shall certify
that the person being observed is proficient and qualified to perform
flight duty in operations under this part, and may require any
additional maneuvers that are determined necessary to make this
certifying statement.
14 CFR 125.287 Initial and recurrent pilot testing requirements.
(a) No certificate holder may use any person, nor may any person
serve as a pilot, unless, since the beginning of the 12th calendar month
before that service, that person has passed a written or oral test,
given by the Administrator or an authorized check airman on that
person's knowledge in the following areas --
(1) The appropriate provisions of parts 61, 91, and 125 of this
chapter and the operations specifications and the manual of the
certificate holder;
(2) For each type of airplane to be flown by the pilot, the airplane
powerplant, major components and systems, major appliances, performance
and operating limitations, standard and emergency operating procedures,
and the contents of the approved Airplane Flight Manual or approved
equivalent, as applicable;
(3) For each type of airplane to be flown by the pilot, the method of
determining compliance with weight and balance limitations for takeoff,
landing, and en route operations;
(4) Navigation and use of air navigation aids appropriate to the
operation of pilot authorization, including, when applicable, instrument
approach facilities and procedures;
(5) Air traffic control procedures, including IFR procedures when
applicable;
(6) Meteorology in general, including the principles of frontal
systems, icing, fog, thunderstorms, and windshear, and, if appropriate
for the operation of the certificate holder, high altitude weather;
(7) Procedures for avoiding operations in thunderstorms and hail, and
for operating in turbulent air or in icing conditions; and
(8) New equipment, procedures, or techniques, as appropriate.
(b) No certificate holder may use any person, nor may any person
serve, as a pilot in any airplane unless, since the beginning of the
12th calendar month before that service, that person has passed a
competency check given by the Administrator or an authorized check
airman in that type of airplane to determine that person's competence in
practical skills and techniques in that airplane or type of airplane.
The extent of the competency check shall be determined by the
Administrator or authorized check airman conducting the competency
check. The competency check may include any of the maneuvers and
procedures currently required for the original issuance of the
particular pilot certificate required for the operations authorized and
appropriate to the category, class, and type of airplane involved. For
the purposes of this paragraph, type, as to an airplane, means any one
of a group of airplanes determined by the Administrator to have a
similar means of propulsion, the same manufacturer, and no significantly
different handling or flight characteristics.
(c) The instrument proficiency check required by 125.291 may be
substituted for the competency check required by this section for the
type of airplane used in the check.
(d) For the purposes of this part, competent performance of a
procedure or maneuver by a person to be used as a pilot requires that
the pilot be the obvious master of the airplane with the successful
outcome of the maneuver never in doubt.
(e) The Administrator or authorized check airman certifies the
competency of each pilot who passes the knowledge or flight check in the
certificate holder's pilot records.
(f) Portions of a required competency check may be given in an
airplane simulator or other appropriate training device, if approved by
the Administrator.
14 CFR 125.289 Initial and recurrent flight attendant crewmember
testing requirements.
No certificate holder may use any person, nor may any person serve,
as a flight attendant crewmember, unless, since the beginning of the
12th calendar month before that service, the certificate holder has
determined by appropriate initial and recurrent testing that the person
is knowledgeable and competent in the following areas as appropriate to
assigned duties and responsibilities:
(a) Authority of the pilot in command;
(b) Passenger handling, including procedures to be followed in
handling deranged persons or other persons whose conduct might
jeopardize safety;
(c) Crewmember assignments, functions, and responsibilities during
ditching and evacuation of persons who may need the assistance of
another person to move expeditiously to an exit in an emergency;
(d) Briefing of passengers;
(e) Location and operation of portable fire extinguishers and other
items of emergency equipment;
(f) Proper use of cabin equipment and controls;
(g) Location and operation of passenger oxygen equipment;
(h) Location and operation of all normal and emergency exits,
including evacuation chutes and escape ropes; and
(i) Seating of persons who may need assistance of another person to
move rapidly to an exit in an emergency as prescribed by the certificate
holder's operations manual.
14 CFR 125.291 Pilot in command: Instrument proficiency check
requirements.
(a) No certificate holder may use any person, nor may any person
serve, as a pilot in command of an airplane under IFR unless, since the
beginning of the sixth calendar month before that service, that person
has passed an instrument proficiency check and the Administrator or an
authorized check airman has so certified in a letter of competency.
(b) No pilot may use any type of precision instrument approach
procedure under IFR unless, since the beginning of the sixth calendar
month before that use, the pilot has satisfactorily demonstrated that
type of approach procedure and has been issued a letter of competency
under paragraph (g) of this section. No pilot may use any type of
nonprecision approach procedure under IFR unless, since the beginning of
the sixth calendar month before that use, the pilot has satisfactorily
demonstrated either that type of approach procedure or any other two
different types of nonprecision approach procedures and has been issued
a letter of competency under paragraph (g) of this section. The
instrument approach procedure or procedures must include at least one
straight-in approach, one circling approach, and one missed approach.
Each type of approach procedure demonstrated must be conducted to
published minimums for that procedure.
(c) The instrument proficiency check required by paragraph (a) of
this section consists of an oral or written equipment test and a flight
check under simulated or actual IFR conditions. The equipment test
includes questions on emergency procedures, engine operation, fuel and
lubrication systems, power settings, stall speeds, best engine-out
speed, propeller and supercharge operations, and hydraulic, mechanical,
and electrical systems, as appropriate. The flight check includes
navigation by instruments, recovery from simulated emergencies, and
standard instrument approaches involving navigational facilities which
that pilot is to be authorized to use.
(1) For a pilot in command of an airplane, the instrument proficiency
check must include the procedures and maneuvers for a commercial pilot
certificate with an instrument rating and, if required, for the
appropriate type rating.
(2) The instrument proficiency check must be given by an authorized
check airman or by the Administrator.
(d) If the pilot in command is assigned to pilot only one type of
airplane, that pilot must take the instrument proficiency check required
by paragraph (a) of this section in that type of airplane.
(e) If the pilot in command is assigned to pilot more than one type
of airplane, that pilot must take the instrument proficiency check
required by paragraph (a) of this section in each type of airplane to
which that pilot is assigned, in rotation, but not more than one flight
check during each period described in paragraph (a) of this section.
(f) Portions of a required flight check may be given in an airplane
simulator or other appropriate training device, if approved by the
Administrator.
(g) The Administrator or authorized check airman issues a letter of
competency to each pilot who passes the instrument proficiency check.
The letter of competency contains a list of the types of instrument
approach procedures and facilities authorized.
14 CFR 125.293 Crewmember: Tests and checks, grace provisions,
accepted standards.
(a) If a crewmember who is required to take a test or a flight check
under this part completes the test or flight check in the calendar month
before or after the calendar month in which it is required, that
crewmember is considered to have completed the test or check in the
calendar month in which it is required.
(b) If a pilot being checked under this subpart fails any of the
required maneuvers, the person giving the check may give additional
training to the pilot during the course of the check. In addition to
repeating the maneuvers failed, the person giving the check may require
the pilot being checked to repeat any other maneuvers that are necessary
to determine the pilot's proficiency. If the pilot being checked is
unable to demonstrate satisfactory performance to the person conducting
the check, the certificate holder may not use the pilot, nor may the
pilot serve, in the capacity for which the pilot is being checked in
operations under this part until the pilot has satisfactorily completed
the check.
14 CFR 125.295 Check airman authorization: Application and issue.
Each certificate holder desiring FAA approval of a check airman shall
submit a request in writing to the FAA Flight Standards district office
charged with the overall inspection of the certificate holder. The
Administrator may issue a letter of authority to each check airman if
that airman passes the appropriate oral and flight test. The letter of
authority lists the tests and checks in this part that the check airman
is qualified to give, and the category, class and type airplane, where
appropriate, for which the check airman is qualified.
14 CFR 125.297 Approval of airplane simulators and other training
devices.
(a) Airplane simulators and other training devices approved by the
Administrator may be used in checks required in this subpart.
(b) Each airplane simulator and other training device that is used in
checks required under this subpart must meet the following requirements:
(1) It must be specifically approved for --
(i) The certificate holder;
(ii) The type airplane and, if applicable, the particular variation
within type for which the check is being conducted; and
(iii) The particular maneuver, procedure, or crewmember function
involved.
(2) It must maintain the performance, functional, and other
characteristics that are required for approval.
(3) It must be modified to conform with any modification to the
airplane being simulated that changes the performance, functional, or
other characteristics required for approval.
14 CFR 125.297 Subpart J -- Flight Operations
14 CFR 125.311 Flight crewmembers at controls.
(a) Except as provided in paragraph (b) of this section, each
required flight crewmember on flight deck duty must remain at the
assigned duty station with seat belt fastened while the airplane is
taking off or landing and while it is en route.
(b) A required flight crewmember may leave the assigned duty station
--
(1) If the crewmember's absence is necessary for the performance of
duties in connection with the operation of the airplane;
(2) If the crewmember's absence is in connection with physiological
needs; or
(3) If the crewmember is taking a rest period and relief is provided
--
(i) In the case of the assigned pilot in command, by a pilot
qualified to act as pilot in command.
(ii) In the case of the assigned second in command, by a pilot
qualified to act as second in command of that airplane during en route
operations. However, the relief pilot need not meet the recent
experience requirements of 125.285.
14 CFR 125.313 Manipulation of controls when carrying passengers.
No pilot in command may allow any person to manipulate the controls
of an airplane while carrying passengers during flight, nor may any
person manipulate the controls while carrying passengers during flight,
unless that person is a qualified pilot of the certificate holder
operating that airplane.
14 CFR 125.315 Admission to flight deck.
(a) No person may admit any person to the flight deck of an airplane
unless the person being admitted is --
(1) A crewmember;
(2) An FAA inspector or an authorized representative of the National
Transportation Safety Board who is performing official duties; or
(3) Any person who has the permission of the pilot in command.
(b) No person may admit any person to the flight deck unless there is
a seat available for the use of that person in the passenger
compartment, except --
(1) An FAA inspector or an authorized representative of the
Administrator or National Transportation Safety Board who is checking or
observing flight operations; or
(2) A certificated airman employed by the certificate holder whose
duties require an airman certificate.
14 CFR 125.317 Inspector's credentials: Admission to pilots'
compartment: Forward observer's seat.
(a) Whenever, in performing the duties of conducting an inspection,
an FAA inspector presents an Aviation Safety Inspector credential, FAA
Form 110A, to the pilot in command of an airplane operated by the
certificate holder, the inspector must be given free and uninterrupted
access to the pilot compartment of that airplane. However, this
paragraph does not limit the emergency authority of the pilot in command
to exclude any person from the pilot compartment in the interest of
safety.
(b) A forward observer's seat on the flight deck, or forward
passenger seat with headset or speaker, must be provided for use by the
Administrator while conducting en route inspections. The suitability of
the location of the seat and the headset or speaker for use in
conducting en route inspections is determined by the Administrator.
14 CFR 125.319 Emergencies.
(a) In an emergency situation that requires immediate decision and
action, the pilot in command may take any action considered necessary
under the circumstances. In such a case, the pilot in command may
deviate from prescribed operations, procedures and methods, weather
minimums, and this chapter, to the extent required in the interests of
safety.
(b) In an emergency situation arising during flight that requires
immediate decision and action by appropriate management personnel in the
case of operations conducted with a flight following service and which
is known to them, those personnel shall advise the pilot in command of
the emergency, shall ascertain the decision of the pilot in command, and
shall have the decision recorded. If they cannot communicate with the
pilot, they shall declare an emergency and take any action that they
consider necessary under the circumstances.
(c) Whenever emergency authority is exercised, the pilot in command
or the appropriate management personnel shall keep the appropriate
ground radio station fully informed of the progress of the flight. The
person declaring the emergency shall send a written report of any
deviation, through the operator's director of operations, to the
Administrator within 10 days, exclusive of Saturdays, Sundays, and
Federal holidays, after the flight is completed or, in the case of
operations outside the United States, upon return to the home base.
14 CFR 125.321 Reporting potentially hazardous meteorological
conditions and irregularities of ground and navigation facilities.
Whenever the pilot in command encounters a meteorological condition
or an irregularity in a ground or navigational facility in flight, the
knowledge of which the pilot in command considers essential to the
safety of other flights, the pilot in command shall notify an
appropriate ground station as soon as practicable.
14 CFR 125.323 Reporting mechanical irregularities.
The pilot in command shall ensure that all mechanical irregularities
occurring during flight are entered in the maintenance log of the
airplane at the next place of landing. Before each flight, the pilot in
command shall ascertain the status of each irregularity entered in the
log at the end of the preceding flight.
14 CFR 125.325 Instrument approach procedures and IFR landing minimums.
No person may make an instrument approach at an airport except in
accordance with IFR weather minimums and unless the type of instrument
approach procedure to be used is listed in the certificate holder's
operations specifications.
14 CFR 125.327 Briefing of passengers before flight.
(a) Before each takeoff, each pilot in command of an airplane
carrying passengers shall ensure that all passengers have been orally
briefed on --
(1) Smoking;
(2) Use of seat belts;
(3) The placement of seat backs in an upright position before takeoff
and landing;
(4) Location and means for opening the passenger entry door and
emergency exits;
(5) Location of survival equipment;
(6) If the flight involves extended overwater operation, ditching
procedures and the use of required flotation equipment;
(7) If the flight involves operations above 12,000 feet MSL, the
normal and emergency use of oxygen; and
(8) Location and operation of fire extinguishers.
(b) Before each takeoff, the pilot in command shall ensure that each
person who may need the assistance of another person to move
expeditiously to an exit if an emergency occurs and that person's
attendant, if any, has received a briefing as to the procedures to be
followed if an evacuation occurs. This paragraph does not apply to a
person who has been given a briefing before a previous leg of a flight
in the same airplane.
(c) The oral briefing required by paragraph (a) of this section shall
be given by the pilot in command or a member of the crew. It shall be
supplemented by printed cards for the use of each passenger containing
--
(1) A diagram and method of operating the emergency exits; and
(2) Other instructions necessary for the use of emergency equipment
on board the airplane.
Each card used under this paragraph must be carried in the airplane
in locations convenient for the use of each passenger and must contain
information that is appropriate to the airplane on which it is to be
used.
(d) The certificate holder shall describe in its manual the procedure
to be followed in the briefing required by paragraph (a) of this
section.
(e) If the airplane does not proceed directly over water after
takeoff, no part of the briefing required by paragraph (a)(6) of this
section has to be given before takeoff but the briefing required by
paragraph (a)(6) must be given before reaching the overwater part of the
flight.
14 CFR 125.329 Minimum altitudes for use of autopilot.
(a) Except as provided in paragraphs (b), (c), and (d) of this
section, no person may use an autopilot at an altitude above the terrain
which is less than 500 feet or less than twice the maximum altitude loss
specified in the approved Airplane Flight Manual or equivalent for a
malfunction of the autopilot, whichever is higher.
(b) When using an instrument approach facility other than ILS, no
person may use an autopilot at an altitude above the terrain that is
less than 50 feet below the approved minimum descent altitude for that
procedure, or less than twice the maximum loss specified in the approved
Airplane Flight Manual or equivalent for a malfunction of the autopilot
under approach conditions, whichever is higher.
(c) For ILS approaches when reported weather conditions are less than
the basic weather conditions in 91.155 of this chapter, no person may
use an autopilot with an approach coupler at an altitude above the
terrain that is less than 50 feet above the terrain, or the maximum
altitude loss specified in the approved Airplane Flight Manual or
equivalent for the malfunction of the autopilot with approach coupler,
whichever is higher.
(d) Without regard to paragraph (a), (b), or (c) of this section, the
Administrator may issue operations specifications to allow the use, to
touchdown, of an approved flight control guidance system with automatic
capability, if --
(1) The system does not contain any altitude loss (above zero)
specified in the approved Airplane Flight Manual or equivalent for
malfunction of the autopilot with approach coupler; and
(2) The Administrator finds that the use of the system to touchdown
will not otherwise adversely affect the safety standards of this
section.
(Doc. No. 19779, 45 FR 67325, Oct. 9, 1980, as amended by Amdt.
125-12, 54 FR 34332, Aug. 18, 1989)
14 CFR 125.331 Carriage of persons without compliance with the
passenger-carrying provisions of this part.
The following persons may be carried aboard an airplane without
complying with the passenger-carrying requirements of this part:
(a) A crewmember.
(b) A person necessary for the safe handling of animals on the
airplane.
(c) A person necessary for the safe handling of hazardous materials
(as defined in subchapter C of title 49 CFR).
(d) A person performing duty as a security or honor guard
accompanying a shipment made by or under the authority of the U.S.
Government.
(e) A military courier or a military route supervisor carried by a
military cargo contract operator if that carriage is specifically
authorized by the appropriate military service.
(f) An authorized representative of the Administrator conducting an
en route inspection.
(g) A person authorized by the Administrator.
14 CFR 125.331 Subpart K -- Flight Release Rules
14 CFR 125.351 Flight release authority.
(a) No person may start a flight without authority from the person
authorized by the certificate holder to exercise operational control
over the flight.
(b) No person may start a flight unless the pilot in command or the
person authorized by the cetificate holder to exercise operational
control over the flight has executed a flight release setting forth the
conditions under which the flight will be conducted. The pilot in
command may sign the flight release only when both the pilot in command
and the person authorized to exercise operational control believe the
flight can be made safely, unless the pilot in command is authorized by
the certificate holder to exercise operational control and execute the
flight release without the approval of any other person.
(c) No person may continue a flight from an intermediate airport
without a new flight release if the airplane has been on the ground more
than 6 hours.
14 CFR 125.353 Facilities and services.
During a flight, the pilot in command shall obtain any additional
available information of meteorological conditions and irregularities of
facilities and services that may affect the safety of the flight.
14 CFR 125.355 Airplane equipment.
No person may release an airplane unless it is airworthy and is
equipped as prescribed.
14 CFR 125.357 Communication and navigation facilities.
No person may release an airplane over any route or route segment
unless communication and navigation facilities equal to those required
by 125.51 are in satisfactory operating condition.
14 CFR 125.359 Flight release under VFR.
No person may release an airplane for VFR operation unless the
ceiling and visibility en route, as indicated by available weather
reports or forecasts, or any combination thereof, are and will remain at
or above applicable VFR minimums until the airplane arrives at the
airport or airports specified in the flight release.
14 CFR 125.361 Flight release under IFR or over-the-top.
Except as provided in 125.363, no person may release an airplane for
operations under IFR or over-the-top unless appropriate weather reports
or forecasts, or any combination thereof, indicate that the weather
conditions will be at or above the authorized minimums at the estimated
time of arrival at the airport or airports to which released.
14 CFR 125.363 Flight release over water.
(a) No person may release an airplane for a flight that involves
extended overwater operation unless appropriate weather reports or
forecasts, or any combination thereof, indicate that the weather
conditions will be at or above the authorized minimums at the estimated
time of arrival at any airport to which released or to any required
alternate airport.
(b) Each certificate holder shall conduct extended overwater
operations under IFR unless it shows that operating under IFR is not
necessary for safety.
(c) Each certificate holder shall conduct other overwater operations
under IFR if the Administrator determines that operation under IFR is
necessary for safety.
(d) Each authorization to conduct extended overwater operations under
VFR and each requirement to conduct other overwater operations under IFR
will be specified in the operations specifications.
14 CFR 125.365 Alternate airport for departure.
(a) If the weather conditions at the airport of takeoff are below the
landing minimums in the certificate holder's operations specifications
for that airport, no person may release an airplane from that airport
unless the flight release specifies an alternate airport located within
the following distances from the airport of takeoff:
(1) Airplanes having two engines. Not more than 1 hour from the
departure airport at normal cruising speed in still air with one engine
inoperative.
(2) Airplanes having three or more engines. Not more than 2 hours
from the departure airport at normal cruising speed in still air with
one engine inoperative.
(b) For the purposes of paragraph (a) of this section, the alternate
airport weather conditions must meet the requirements of the certificate
holder's operations specifications.
(c) No person may release an airplane from an airport unless that
person lists each required alternate airport in the flight release.
14 CFR 125.367 Alternate airport for destination: IFR or over-the-top.
(a) Except as provided in paragraph (b) of this section, each person
releasing an airplane for operation under IFR or over-the-top shall list
at least one alternate airport for each destination airport in the
flight release.
(b) An alternate airport need not be designated for IFR or
over-the-top operations where the airplane carries enough fuel to meet
the requirements of 125.375 and 125.377 for flights outside the 48
conterminous States and the District of Columbia over routes without an
available alternate airport for a particular airport of destination.
(c) For the purposes of paragraph (a) of this section, the weather
requirements at the alternate airport must meet the requirements of the
operator's operations specifications.
(d) No person may release a flight unless that person lists each
required alternate airport in the flight release.
14 CFR 125.369 Alternate airport weather minimums.
No person may list an airport as an alternate airport in the flight
release unless the appropriate weather reports or forecasts, or any
combination thereof, indicate that the weather conditions will be at or
above the alternate weather minimums specified in the certificate
holder's operations specifications for that airport when the flight
arrives.
14 CFR 125.371 Continuing flight in unsafe conditions.
(a) No pilot in command may allow a flight to continue toward any
airport to which it has been released if, in the opinion of the pilot in
command, the flight cannot be completed safely, unless, in the opinion
of the pilot in command, there is no safer procedure. In that event,
continuation toward that airport is an emergency situation.
14 CFR 125.373 Original flight release or amendment of flight release.
(a) A certificate holder may specify any airport authorized for the
type of airplane as a destination for the purpose of original release.
(b) No person may allow a flight to continue to an airport to which
it has been released unless the weather conditions at an alternate
airport that was specified in the flight release are forecast to be at
or above the alternate minimums specified in the operations
specifications for that airport at the time the airplane would arrive at
the alternate airport. However, the flight release may be amended en
route to include any alternate airport that is within the fuel range of
the airplane as specified in 125.375 or 125.377.
(c) No person may change an original destination or alternate airport
that is specified in the original flight release to another airport
while the airplane is en route unless the other airport is authorized
for that type of airplane.
(d) Each person who amends a flight release en route shall record
that amendment.
14 CFR 125.375 Fuel supply: Nonturbine and turbopropeller-powered
airplanes.
(a) Except as provided in paragraph (b) of this section, no person
may release for flight or take off a nonturbine or
turbopropeller-powered airplane unless, considering the wind and other
weather conditions expected, it has enough fuel --
(1) To fly to and land at the airport to which it is released;
(2) Thereafter, to fly to and land at the most distant alternate
airport specified in the flight release; and
(3) Thereafter, to fly for 45 minutes at normal crusing fuel
consumption.
(b) If the airplane is released for any flight other than from one
point in the conterminous United States to another point in the
conterminous United States, it must carry enough fuel to meet the
requirements of paragraphs (a) (1) and (2) of this section and
thereafter fly for 30 minutes plus 15 percent of the total time required
to fly at normal cruising fuel consumption to the airports specified in
paragraphs (a) (1) and (2) of this section, or fly for 90 minutes at
normal cruising fuel consumption, whichever is less.
(c) No person may release a nonturbine or turbopropeller-powered
airplane to an airport for which an alternate is not specified under
125.367(b) unless it has enough fuel, considering wind and other weather
conditions expected, to fly to that airport and thereafter to fly for 3
hours at normal cruising fuel consumption.
14 CFR 125.377 Fuel supply: Turbine-engine-powered airplanes other
than turbo-propeller.
(a) Except as provided in paragraph (b) of this section, no person
may release for flight or takeoff a turbine-powered airplane (other than
a turbopropeller-powered airplane) unless, considering the wind and
other weather conditions expected, it has enough fuel --
(1) To fly to and land at the airport to which it is released;
(2) Thereafter, to fly to and land at the most distant alternate
airport specified in the flight release; and
(3) Thereafter, to fly for 45 minutes at normal cruising fuel
consumption.
(b) For any operation outside the 48 conterminous United States and
the District of Columbia, unless authorized by the Administrator in the
operations specifications, no person may release for flight or take off
a turbine-engine powered airplane (other than a turbopropeller-powered
airplane) unless, considering wind and other weather conditions
expected, it has enough fuel --
(1) To fly and land at the airport to which it is released;
(2) After that, to fly for a period of 10 percent of the total time
required to fly from the airport of departure and land at the airport to
which it was released;
(3) After that, to fly to and land at the most distant alternate
airport specified in the flight release, if an alternate is required;
and
(4) After that, to fly for 30 minutes at holding speed at 1,500 feet
above the alternate airport (or the destination airport if no alternate
is required) under standard temperature conditions.
(c) No person may release a turbine-engine-powered airplane (other
than a turbopropeller airplane) to an airport for which an alternate is
not specified under 125.367(b) unless it has enough fuel, considering
wind and other weather conditions expected, to fly to that airport and
thereafter to fly for at least 2 hours at normal cruising fuel
consumption.
(d) The Administrator may amend the operations specifications of a
certificate holder to require more fuel than any of the minimums stated
in paragraph (a) or (b) of this section if the Administrator finds that
additional fuel is necessary on a particular route in the interest of
safety.
14 CFR 125.379 Landing weather minimums: IFR.
(a) If the pilot in command of an airplane has not served 100 hours
as pilot in command in the type of airplane being operated, the MDA or
DH and visibility landing minimums in the certificate holder's
operations specification are increased by 100 feet and one-half mile (or
the RVR equivalent). The MDA or DH and visibility minimums need not be
increased above those applicable to the airport when used as an
alternate airport, but in no event may the landing minimums be less than
a 300-foot ceiling and 1 mile of visibility.
(b) The 100 hours of pilot-in-command experience required by
paragraph (a) may be reduced (not to exceed 50 percent) by substituting
one landing in operations under this part in the type of airplane for 1
required hour of pilot-in-command experience if the pilot has at least
100 hours as pilot in command of another type airplane in operations
under this part.
(c) Category II minimums, when authorized in the certificate holder's
operations specifications, do not apply until the pilot in command
subject to paragraph (a) of this section meets the requirements of that
paragraph in the type of airplane the pilot is operating.
14 CFR 125.381 Takeoff and landing weather minimums: IFR.
(a) Regardless of any clearance from ATC, if the reported weather
conditions are less than that specified in the certificate holder's
operations specifications, no pilot may --
(1) Take off an airplane under IFR; or
(2) Except as provided in paragraph (c) of this section, land an
airplane under IFR.
(b) Except as provided in paragraph (c) of this section, no pilot may
execute an instrument approach procedure if the latest reported
visibility is less than the landing minimums specified in the
certificate holder's operations specifications.
(c) If a pilot initiates an instrument approach procedure when the
latest weather report indicates that the specified visibility minimums
exist, and a later weather report indicating below minimums conditions
is received after the airplane --
(1) Is on an ILS final approach and has passed the outer marker,
(2) Is on final approach segment using a nonprecision approach
procedure, or
(3) Is on PAR final approach and has been turned over to the final
approach controller, the approach may be continued and a landing may be
made if the pilot in command finds, upon reaching the authorized MAP or
DH, that actual weather conditions are at least equal to the minimums
prescribed in the operations specifications.
(Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt.
125-2, 46 FR 24409, Apr. 30, 1981)
14 CFR 125.383 Load manifest.
(a) Each certificate holder is responsible for the preparation and
accuracy of a load manifest in duplicate containing information
concerning the loading of the airplane. The manifest must be prepared
before each takeoff and must include --
(1) The number of passengers;
(2) The total weight of the loaded airplane;
(3) The maximum allowable takeoff and landing weights for that
flight;
(4) The center of gravity limits;
(5) The center of gravity of the loaded airplane, except that the
actual center of gravity need not be computed if the airplane is loaded
according to a loading schedule or other approved method that ensures
that the center of gravity of the loaded airplane is within approved
limits. In those cases, an entry shall be made on the manifest
indicating that the center of gravity is within limits according to a
loading schedule or other approved method:
(6) The registration number of the airplane;
(7) The origin and destination ; and
(8) Names of passengers.
(b) The pilot in command of an airplane for which a load manifest
must be prepared shall carry a copy of the completed load manifest in
the airplane to its destination. The certificate holder shall keep
copies of completed load manifests for at least 30 days at its principal
operations base, or at another location used by it and approved by the
Administrator.
14 CFR 125.383 Subpart L -- Records and Reports
14 CFR 125.401 Crewmember record.
(a) Each certificate holder shall --
(1) Maintain current records of each crewmember that show whether or
not that crewmember complies with this chapter (e.g., proficiency
checks, airplane qualifications, any required physical examinations, and
flight time records); and
(2) Record each action taken concerning the release from employment
or physical or professional disqualification of any flight crewmember
and keep the record for at least 6 months thereafter.
(b) Each certificate holder shall maintain the records required by
paragraph (a) of this section at its principal operations base, or at
another location used by it and approved by the Administrator.
(c) Computer record systems approved by the Administrator may be used
in complying with the requirements of paragraph (a) of this section.
14 CFR 125.403 Flight release form.
(a) The flight release may be in any form but must contain at least
the following information concerning each flight:
(1) Company or organization name.
(2) Make, model, and registration number of the airplane being used.
(3) Date of flight.
(4) Name and duty assignment of each crewmember.
(5) Departure airport, destination airports, alternate airports, and
route.
(6) Minimum fuel supply (in gallons or pounds).
(7) A statement of the type of operation (e.g., IFR, VFR).
(b) The airplane flight release must contain, or have attached to it,
weather reports, available weather forecasts, or a combination thereof.
14 CFR 125.405 Disposition of load manifest, flight release, and flight
plans.
(a) The pilot in command of an airplane shall carry in the airplane
to its destination the original or a signed copy of the --
(1) Load manifest required by 125.383;
(2) Flight release;
(3) Airworthiness release; and
(4) Flight plan, including route.
(b) If a flight originates at the principal operations base of the
certificate holder, it shall retain at that base a signed copy of each
document listed in paragraph (a) of this section.
(c) Except as provided in paragraph (d) of this section, if a flight
originates at a place other than the principal operations base of the
certificate holder, the pilot in command (or another person not aboard
the airplane who is authorized by the operator) shall, before or
immediately after departure of the flight, mail signed copies of the
documents listed in paragraph (a) of this section to the principal
operations base.
(d) If a flight originates at a place other than the principal
operations base of the certificate holder and there is at that place a
person to manage the flight departure for the operator who does not
depart on the airplane, signed copies of the documents listed in
paragraph (a) of this section may be retained at that place for not more
than 30 days before being sent to the principal operations base of the
certificate holder. However, the documents for a particular flight need
not be further retained at that place or be sent to the principal
operations base, if the originals or other copies of them have been
previously returned to the principal operations base.
(e) The certificate holder shall:
(1) Identify in its operations manual the person having custody of
the copies of documents retained in accordance with paragraph (d) of
this section; and
(2) Retain at its principal operations base either the original or a
copy of the records required by this section for at least 30 days.
14 CFR 125.407 Maintenance log: Airplanes.
(a) Each person who takes corrective action or defers action
concerning a reported or observed failure or malfunction of an airframe,
aircraft engine, propeller, or appliance shall record the action taken
in the airplane maintenance log in accordance with part 43 of this
chapter.
(b) Each certificate holder shall establish a procedure for keeping
copies of the airplane maintenance log required by this section in the
airplane for access by appropriate personnel and shall include that
procedure in the manual required by 125.249.
14 CFR 125.409 Reports of defects or unairworthy conditions.
(a) Each certificate holder shall report the occurrence or detection
of each failure, malfunction, or defect, in a form and manner prescribed
by the Administrator.
(b) The report must be made within 72 hours to the FAA Flight
Standards district office in whose area the certificate holder has its
principal operations base. The procedures to be used in complying with
this section must be made a part of the manual procedures required by
125.73(f).
14 CFR 125.411 Airworthiness release or maintenance record entry.
(a) No certificate holder may operate an airplane after maintenance,
preventive maintenance, or alteration is performed on the airplane
unless the person performing that maintenance, preventive maintenance,
or alteration prepares or causes to be prepared --
(1) An airworthiness release; or
(2) An entry in the aircraft maintenance records in accordance with
the certificate holder's manual.
(b) The airworthiness release or maintenance record entry required by
paragraph (a) of this section must --
(1) Be prepared in accordance with the procedures set forth in the
certificate holder's manual;
(2) Include a certification that --
(i) The work was performed in accordance with the requirements of the
certificate holder's manual;
(ii) All items required to be inspected were inspected by an
authorized person who determined that the work was satisfactorily
completed;
(iii) No known condition exists that would make the airplane
unairworthy; and
(iv) So far as the work performed is concerned, the airplane is in
condition for safe operation; and
(3) Be signed by a person authorized in part 43 of this chapter to
perform maintenance, preventive maintenance, and alteration.
(c) When an airworthiness release form is prepared, the certificate
holder must give a copy to the pilot in command and keep a record of it
for at least 60 days.
(d) Instead of restating each of the conditions of the certification
required by paragraph (b) of this section, the certificate holder may
state in its manual that the signature of a person authorized in part 43
of this chapter constitutes that certification.
14 CFR 125.411 Pt. 125, App. A
14 CFR 125.411 Appendix A to Part 125 -- Additional Emergency Equipment
(a) Means for emergency evacuation. Each passenger-carrying
landplane emergency exit (other than over-the-wing) that is more that 6
feet from the ground with the airplane on the ground and the landing
gear extended must have an approved means to assist the occupants in
descending to the ground. The assisting means for a floor level
emergency exit must meet the requirements of 25.809(f)(1) of this
chapter in effect on April 30, 1972, except that, for any airplane for
which the application for the type certificate was filed after that
date, it must meet the requirements under which the airplane was type
certificated. An assisting means that deploys automatically must be
armed during taxiing, takeoffs, and landings. However, if the
Administrator finds that the design of the exit makes compliance
impractical, the Administrator may grant a deviation from the
requirement of automatic deployment if the assisting means automatically
erects upon deployment and, with respect to required emergency exits, if
an emergency evacuation demonstration is conducted in accordance with
125.189. This paragraph does not apply to the rear window emergency exit
of DC-3 airplanes operated with less than 36 occupants, including
crewmembers, and less than five exits authorized for passenger use.
(b) Interior emergency exit marking. The following must be complied
with for each passenger-carrying airplane:
(1) Each passenger emergency exit, its means of access, and means of
opening must be conspicuously marked. The identity and location of each
passenger emergency exit must be recognizable from a distance equal to
the width of the cabin. The location of each passenger emergency exit
must be indicated by a sign visible to occupants approaching along the
main passenger aisle. There must be a locating sign --
(i) Above the aisle near each over-the-wing passenger emergency exit,
or at another ceiling location if it is more practical because of low
headroom;
(ii) Next to each floor level passenger emergency exit, except that
one sign may serve two such exits if they both can be seen readily from
that sign; and
(iii) On each bulkhead or divider that prevents fore and aft vision
along the passenger cabin, to indicate emergency exits beyond and
obscured by it, except that if this is not possible the sign may be
placed at another appropriate location.
(2) Each passenger emergency exit marking and each locating sign must
meet the following:
(i) For an airplane for which the application for the type
certificate was filed prior to May 1, 1972, each passenger emergency
exit marking and each locating sign must be manufactured to meet the
requirements of 25.812(b) of this chapter in effect on April 30, 1972.
On these airplanes, no sign may continue to be used if its luminescence
(brightness) decreases to below 100 microlamberts. The colors may be
reversed if it increases the emergency illumination of the passenger
compartment. However, the Administrator may authorize deviation from
the 2-inch background requirements if the Administrator finds that
special circumstances exist that make compliance impractical and that
the proposed deviation provides an equivalent level of safety.
(ii) For an airplane for which the application for the type
certificate was filed on or after May 1, 1972, each passenger emergency
exit marking and each locating sign must be manufactured to meet the
interior emergency exit marking requirements under which the airplane
was type certificated. On these airplanes, no sign may continue to be
used if its luminescence (brightness) decreases to below 250
microlamberts.
(c) Lighting for interior emergency exit markings. Each
passenger-carrying airplane must have an emergency lighting system,
independent of the main lighting system. However, sources of general
cabin illumination may be common to both the emergency and the main
lighting systems if the power supply to the emergency lighting system is
independent of the power supply to the main lighting system. The
emergency lighting system must --
(1) Illuminate each passenger exit marking and locating sign; and
(2) Provide enough general lighting in the passenger cabin so that
the average illumination, when measured at 40-inch intervals at seat
armrest height, on the centerline of the main passenger aisle, is at
least 0.05 foot-candles.
(d) Emergency light operation. Except for lights forming part of
emergency lighting subsystems provided in compliance with 25.812(g) of
this chapter (as prescribed in paragraph (h) of this section) that serve
no more than one assist means, are independent of the airplane's main
emergency lighting systems, and are automatically activated when the
assist means is deployed, each light required by paragraphs (c) and (h)
must comply with the following:
(1) Each light must be operable manually and must operate
automatically from the independent lighting system --
(i) In a crash landing; or
(ii) Whenever the airplane's normal electric power to the light is
interrupted.
(2) Each light must --
(i) Be operable manually from the flightcrew station and from a point
in the passenger compartment that is readily accessible to a normal
flight attendant seat;
(ii) Have a means to prevent inadvertent operation of the manual
controls; and
(iii) When armed or turned on at either station, remain lighted or
become lighted upon interruption of the airplane's normal electric
power.
Each light must be armed or turned on during taxiing, takeoff, and
landing. In showing compliance with this paragraph, a transverse
vertical separation of the fuselage need not be considered.
(3) Each light must provide the required level of illumination for at
least 10 minutes at the critical ambient conditions after emergency
landing.
(e) Emergency exit operating handles.
(1) For a passenger-carrying airplane for which the application for
the type certificate was filed prior to May 1, 1972, the location of
each passenger emergency exit operating handle and instructions for
opening the exit must be shown by a marking on or near the exit that is
readable from a distance of 30 inches. In addition, for each Type I and
Type II emergency exit with a locking mechanism released by rotary
motion of the handle, the instructions for opening must be shown by --
(i) A red arrow with a shaft at least 3/4 inch wide and a head twice
the width of the shaft, extending along at least 70 degrees of arc at a
radius approximately equal to 3/4 of the handle length; and
(ii) The word ''open'' in red letters 1 inch high placed horizontally
near the head of the arrow.
(2) For a passenger-carrying airplane for which the application for
the type certificate was filed on or after May 1, 1972, the location of
each passenger emergency exit operating handle and instructions for
opening the exit must be shown in accordance with the requirements under
which the airplane was type certificated. On these airplanes, no
operating handle or operating handle cover may continue to be used if
its luminescence (brightness) decreases to below 100 microlamberts.
(f) Emergency exit access. Access to emergency exits must be
provided as follows for each passenger-carrying airplane:
(1) Each passageway between individual passenger areas, or leading to
a Type I or Type II emergency exit, must be unobstructed and at least 20
inches wide.
(2) There must be enough space next to each Type I or Type II
emergency exit to allow a crewmember to assist in the evacuation of
passengers without reducing the unobstructed width of the passageway
below that required in paragraph (f)(1) of this section. However, the
Administrator may authorize deviation from this requirement for an
airplane certificated under the provisions of part 4b of the Civil Air
Regulations in effect before December 20, 1951, if the Administrator
finds that special circumstances exist that provide an equivalent level
of safety.
(3) There must be access from the main aisle to each Type III and
Type IV exit. The access from the aisle to these exits must not be
obstructed by seats, berths, or other protrusions in a manner that would
reduce the effectiveness of the exit. In addition --
(i) For an airplane for which the application for the type
certificate was filed prior to May 1, 1972, the access must meet the
requirements of 25.813(c) of this chapter in effect on April 30, 1972;
and
(ii) For an airplane for which the application for the type
certificate was filed on or after May 1, 1972, the access must meet the
emergency exit access requirements under which the airplane was
certificated.
(4) If it is necessary to pass through a passageway between passenger
compartments to reach any required emergency exit from any seat in the
passenger cabin, the passageway must not be obstructed. However,
curtains may be used if they allow free entry through the passageway.
(5) No door may be installed in any partition between passenger
compartments.
(6) If it is necessary to pass through a doorway separating the
passenger cabin from other areas to reach any required emergency exit
from any passenger seat, the door must have a means to latch it in open
position, and the door must be latched open during each takeoff and
landing. The latching means must be able to withstand the loads imposed
upon it when the door is subjected to the ultimate interia forces,
relative to the surrounding structure, listed in 25.561(b) of this
chapter.
(g) Exterior exit markings. Each passenger emergency exit and the
means of opening that exit from the outside must be marked on the
outside of the airplane. There must be a 2-inch colored band outlining
each passenger emergency exit on the side of the fuselage. Each outside
marking, including the band, must be readily distinguishable from the
surrounding fuselage area by contrast in color. The markings must
comply with the following:
(1) If the reflectance of the darker color is 15 percent or less, the
reflectance of the lighter color must be at least 45 percent.
''Reflectance'' is the ratio of the luminous flux reflected by a body to
the luminous flux it receives.
(2) If the reflectance of the darker color is greater than 15
percent, at least a 30 percent difference between its reflectance and
the reflectance of the lighter color must be provided.
(3) Exits that are not in the side of the fuselage must have the
external means of opening and applicable instructions marked
conspicuously in red or, if red is inconspicuous against the background
color, in bright chrome yellow and, when the opening means for such an
exit is located on only one side of the fuselage, a conspicuous marking
to that effect must be provided on the other side.
(h) Exterior emergency lighting and escape route.
(1) Each passenger-carrying airplane must be equipped with exterior
lighting that meets the following requirements:
(i) For an airplane for which the application for the type
certificate was filed prior to May 1, 1972, the requirements of
25.812(f) and (g) of this chapter in effect on April 30, 1972.
(ii) For an airplane for which the application for the type
certificate was filed on or after May 1, 1972, the exterior emergency
lighting requirements under which the airplane was type certificated.
(2) Each passenger-carrying airplane must be equipped with a
slip-resistant escape route that meets the following requirements:
(i) For an airplane for which the application for the type
certificate was filed prior to May 1, 1972, the requirements of
25.803(e) of this chapter in effect on April 30, 1972.
(ii) For an airplane for which the application for the type
certificate was filed on or after May 1, 1972, the slip-resistant escape
route requirements under which the airplane was type certificated.
(i) Floor level exits. Each floor level door or exit in the side of
the fuselage (other than those leading into a cargo or baggage
compartment that is not accessible from the passenger cabin) that is 44
or more inches high and 20 or more inches wide, but not wider than 46
inches, each passenger ventral exit (except the ventral exits on M-404
and CV-240 airplanes) and each tail cone exit must meet the requirements
of this section for floor level emergency exits. However, the
Administrator may grant a deviation from this paragraph if the
Administrator finds that circumstances make full compliance impractical
and that an acceptable level of safety has been achieved.
(j) Additional emergency exits. Approved emergency exits in the
passenger compartments that are in excess of the minimum number of
required emergency exits must meet all of the applicable provisions of
this section except paragraph (f), (1), (2), and (3) and must be readily
accessible.
(k) On each large passenger-carrying turbojet-powered airplane, each
ventral exit and tailcone exit must be --
(1) Designed and constructed so that it cannot be opened during
flight; and
(2) Marked with a placard readable from a distance of 30 inches and
installed at a conspicuous location near the means of opening the exit,
stating that the exit has been designed and constructed so that it
cannot be opened during flight.
14 CFR 125.411 Pt. 125, App. B
14 CFR 125.411 Appendix B to Part 125 -- Criteria for Demonstration of
Emergency Evacuation Procedures Under 125.189
(a) Aborted takeoff demonstration.
(1) The demonstration must be conducted either during the dark of the
night or during daylight with the dark of the night simulated. If the
demonstration is conducted indoors during daylight hours, it must be
conducted with each window covered and each door closed to minimize the
daylight effect. Illumination on the floor or ground may be used, but
it must be kept low and shielded against shining into the airplane's
windows or doors.
(2) The airplane must be in a normal ground attitude with landing
gear extended.
(3) Stands or ramps may be used for descent from the wing to the
ground. Safety equipment such as mats or inverted life rafts may be
placed on the ground to protect participants. No other equipment that
is not part of the airplane's emergency evacuation equipment may be used
to aid the participants in reaching the ground.
(4) The airplane's normal electric power sources must be deenergized.
(5) All emergency equipment for the type of passenger-carrying
operation involved must be installed in accordance with the certificate
holder's manual.
(6) Each external door and exit and each internal door or curtain
must be in position to simulate a normal takeoff.
(7) A representative passenger load of persons in normal health must
be used. At least 30 percent must be females. At least 5 percent must
be over 60 years of age with a proportionate number of females. At
least 5 percent, but not more than 10 percent, must be children under 12
years of age, prorated through that age group. Three life-size dolls,
not included as part of the total passenger load, must be carried by
passengers to simulate live infants 2 years old or younger.
Crewmembers, mechanics, and training personnel who maintain or operate
the airplane in the normal course of their duties may not be used as
passengers.
(8) No passenger may be assigned a specific seat except as the
Administrator may require. Except as required by item (12) of this
paragraph, no employee of the certificate holder may be seated next to
an emergency exit.
(9) Seat belts and shoulder harnesses (as required) must be fastened.
(10) Before the start of the demonstration, approximately one-half of
the total average amount of carry-on baggage, blankets, pillows, and
other similar articles must be distributed at several locations in the
aisles and emergency exit access ways to create minor obstructions.
(11) The seating density and arrangement of the airplane must be
representative of the highest capacity passenger version of that
airplane the certificate holder operates or proposes to operate.
(12) Each crewmember must be a member of a regularly scheduled line
crew, must be seated in that crewmember's normally assigned seat for
takeoff, and must remain in that seat until the signal for commencement
of the demonstration is received.
(13) No crewmember or passenger may be given prior knowledge of the
emergency exits available for the demonstration.
(14) The certificate holder may not practice, rehearse, or describe
the demonstration for the participants nor may any participant have
taken part in this type of demonstration within the preceding 6 months.
(15) The pretakeoff passenger briefing required by 125.327 may be
given in accordance with the certificate holder's manual. The
passengers may also be warned to follow directions of crewmembers, but
may not be instructed on the procedures to be followed in the
demonstration.
(16) If safety equipment as allowed by item (3) of this section is
provided, either all passenger and cockpit windows must be blacked out
or all of the emergency exits must have safety equipment to prevent
disclosure of the available emergency exits.
(17) Not more than 50 percent of the emergency exits in the sides of
the fuselage of an airplane that meet all of the requirements applicable
to the required emergency exits for that airplane may be used for the
demonstration. Exits that are not to be used in the demonstration must
have the exit handle deactivated or must be indicated by red lights, red
tape or other acceptable means, placed outside the exits to indicate
fire or other reason that they are unusable. The exits to be used must
be representative of all of the emergency exits on the airplane and must
be designated by the certificate holder, subject to approval by the
Administrator. At least one floor level exit must be used.
(18) All evacuees, except those using an over-the-wing exit, must
leave the airplane by a means provided as part of the airplane's
equipment.
(19) The certificate holder's approved procedures and all of the
emergency equipment that is normally available, including slides, ropes,
lights, and megaphones, must be fully utilized during the demonstration.
(20) The evacuation time period is completed when the last occupant
has evacuated the airplane and is on the ground. Evacuees using stands
or ramps allowed by item (3) above are considered to be on the ground
when they are on the stand or ramp: Provided, That the acceptance rate
of the stand or ramp is no greater than the acceptance rate of the means
available on the airplane for descent from the wing during an actual
crash situation.
(b) Ditching demonstration. The demonstration must assume that
daylight hours exist outside the airplane and that all required
crewmembers are available for the demonstration.
(1) If the certificate holder's manual requires the use of passengers
to assist in the launching of liferafts, the needed passengers must be
aboard the airplane and participate in the demonstration according to
the manual.
(2) A stand must be placed at each emergency exit and wing with the
top of the platform at a height simulating the water level of the
airplane following a ditching.
(3) After the ditching signal has been received, each evacuee must
don a life vest according to the certificate holder's manual.
(4) Each liferaft must be launched and inflated according to the
certificate holder's manual and all other required emergency equipment
must be placed in rafts.
(5) Each evacuee must enter a liferaft and the crewmembers assigned
to each liferaft must indicate the location of emergency equipment
aboard the raft and describe its use.
(6) Either the airplane, a mockup of the airplane, or a floating
device simulating a passenger compartment must be used.
(i) If a mockup of the airplane is used, it must be a life-size
mockup of the interior and representative of the airplane currently used
by or proposed to be used by the certificate holder and must contain
adequate seats for use of the evacuees. Operation of the emergency
exits and the doors must closely simulate that on the airplane.
Sufficient wing area must be installed outside the over-the-wing exits
to demonstrate the evacuation.
(ii) If a floating device simulating a passenger compartment is used,
it must be representative, to the extent possible, of the passenger
compartment of the airplane used in operations. Operation of the
emergency exits and the doors must closely simulate operation on that
airplane. Sufficient wing area must be installed outside the
over-the-wing exits to demonstrate the evacuation. The device must be
equipped with the same survival equipment as is installed on the
airplane, to accommodate all persons participating in the demonstration.
14 CFR 125.411 Pt. 125, App. C
14 CFR 125.411 Appendix C to Part 125 -- Ice Protection
If certification with ice protection provisions is desired,
compliance with the following must be shown:
(a) The recommended procedures for the use of the ice protection
equipment must be set forth in the Airplane Flight Manual.
(b) An analysis must be performed to establish, on the basis of the
airplane's operational needs, the adequacy of the ice protection system
for the various components of the airplane. In addition, tests of the
ice protection system must be conducted to demonstrate that the airplane
is capable of operating safely in continuous maximum and intermittent
maximum icing conditions as described in appendix C of part 25 of this
chapter.
(c) Compliance with all or portions of this section may be
accomplished by reference, where applicable because of similarity of the
designs, to analyses and tests performed by the applicant for a type
certificated model.
(Doc. No. 25530, Amdt. 125-10, 53 FR 26150, July 11, 1988; 53 FR
30906, Aug. 16, 1988)
14 CFR 125.411 Pt. 127
14 CFR 125.411 PART 127 -- CERTIFICATION AND OPERATIONS OF SCHEDULED
AIR CARRIERS WITH HELICOPTERS
SFAR No. 36 (Note)
SFAR No. 38-2 (Note)
14 CFR 125.411 Subpart A -- General
Sec.
127.1 Applicability.
127.3 Operating rules.
127.5 Operation of airplanes having a maximum passenger seating
configuration of 30 seats or less and a maximum payload capacity of
7,500 pounds or less.
14 CFR 125.411 Subpart B -- Certification: Operations Specifications
127.11 Certificate and operations specifications required.
127.13 Contents of certificate and operations specifications.
127.17 Issue of certificates.
127.19 Availability of certificate.
127.21 Duration of certificate.
127.22 Carriage of narcotic drugs, marihuana, and depressant or
stimulant drugs or substances.
127.23 Use of operations specifications.
127.25 Amendment of certificate.
127.27 Amendment of operations specifications.
127.29 Inspection authority.
127.31 Change of address.
14 CFR 125.411 Subpart C -- Requirements for Services and Facilities
127.41 Route requirements.
127.43 Route width.
127.45 Heliports.
127.47 Communications facilities.
127.49 Weather reporting facilities.
127.51 Servicing and maintenance facilities.
14 CFR 125.411 Subpart D -- Air Carrier Manuals
127.61 Preparation.
127.63 Contents.
127.65 Distribution.
14 CFR 125.411 Subpart E -- Helicopter Requirements
127.71 General.
127.73 Proving tests.
14 CFR 125.411 Subpart F -- Operating Limitations
127.81 General.
127.83 Operation of helicopters other than transport Category A.
127.85 Provisionally certificated helicopters.
14 CFR 125.411 Subpart G -- Special Airworthiness Requirements
127.91 Fire prevention.
127.93 Carriage of cargo in passenger compartments.
14 CFR 125.411 Subpart H -- Instrument and Equipment Requirements
127.101 General.
127.103 Flight and navigational equipment.
127.105 Engine instruments and equipment-reciprocating engine powered
helicopters.
127.106 Engine instruments and equipment-turbine engine powered
helicopters.
127.107 Emergency equipment.
127.109 Seat and safety belt.
127.111 Miscellaneous equipment.
127.113 Cockpit check procedures.
127.115 Passenger information.
127.117 Exterior exit and evacuation markings.
127.119 Instruments and equipment for operations at night.
127.121 Equipment for single engine helicopter overwater operations.
127.123 Radio equipment.
127.125 Radio equipment for operations over routes navigated by
pilotage.
127.127 Cockpit voice recorders.
14 CFR 125.411 Subpart I -- Maintenance, Preventive Maintenance, and
Alterations
127.131 Responsibility for airworthiness.
127.132 Maintenance, preventive maintenance, and alteration
organization.
127.133 Maintenance, preventive maintenance, and alterations
programs.
127.134 Manual requirements.
127.135 Required inspection personnel.
127.136 Continuing analysis and surveillance.
127.137 Maintenance and preventive maintenance training program.
127.138 Maintenance and preventive maintenance personnel duty time
limitations.
127.139 Certificate requirements.
127.140 Authority to perform and approve maintenance, preventive
maintenance, and alterations.
127.141 Maintenance recording requirements.
127.142 Transfer of maintenance records.
14 CFR 125.411 Subpart J -- Airman and Crewmember Requirements
127.143 Airmen: Limitations on use of services.
127.145 Composition of flight crew.
127.147 Flight attendant.
127.149 Emergency and emergency evacuation duties.
14 CFR 125.411 Subpart K -- Training Programs
127.151 Establishment.
127.153 Initial ground training: Pilots.
127.155 Initial flight training: Pilots.
127.157 Crewmember emergency training.
127.159 Operations personnel.
127.161 Recurrent training.
14 CFR 125.411 Subpart L -- Flight Crewmember Qualification
127.171 General.
127.173 Pilot qualification: Certificates required.
127.175 Pilot qualification: Recent experience.
127.177 Pilot checks.
127.179 Pilot route and heliport qualification requirements.
127.181 Maintenance and reestablishment of pilot route and heliport
qualifications.
14 CFR 125.411 Subpart M -- Flight Time Limitations
127.191 General.
14 CFR 125.411 Subpart N -- Flight Operations
127.201 Operational control.
127.203 Operations notices.
127.205 Operations schedules.
127.207 Flight crewmembers at controls.
127.209 Manipulation of controls.
127.211 Admission to flight deck.
127.212 Aviation safety inspector's credentials: Admission to
pilot's compartment.
127.213 Use of cockpit check procedure.
127.214 Secret Service Agents: Admission to pilot's compartment.
127.215 Flying equipment.
127.217 Restriction or suspension of operation.
127.218 Use of certificated heliports: Scheduled helicopter air
carriers.
127.219 Emergencies.
127.221 Reporting potentially hazardous meteorological conditions and
irregularities of ground and navigation facilities.
127.223 Reporting mechanical irregularities.
127.225 Weather minimums.
127.226 Briefing passengers after takeoff.
127.227 Prohibition against carriage of weapons.
127.229 Alcoholic beverages.
14 CFR 125.411 Subpart O -- Flight Release Rules
127.231 Flight release.
127.233 Familiarity with weather conditions.
127.235 Facilities and services.
127.237 Helicopter equipment.
127.239 Communication and navigation facilities.
127.241 Flight release under VFR.
127.243 IFR operations.
127.245 Visual ground reference requirements.
127.247 Continuing flight in unsafe conditions.
127.249 Operation in icing conditions.
127.251 Release and continuance of flight.
127.253 Fuel supply for VFR operations.
127.255 Factors in computing required fuel.
127.257 Takeoff and landing minimums; VFR.
127.259 Minimum flight altitudes.
127.261 Preparation of load manifest.
14 CFR 125.411 Subpart P -- Records and Reports
127.301 Crewmember records.
127.303 Flight release form.
127.305 Load manifest.
127.307 Disposition of load manifest and flight release.
127.308-127.309 (Reserved)
127.311 Maintenance log.
127.313 Mechanical reliability reports.
127.315 Mechanical interruption summary report.
127.317 Alteration and repair reports.
127.319 Airworthiness release or helicopter log entries.
Authority: 49 U.S.C. app. 1354(a), 1421, 1422, 1423, 1424, 1425,
1430; 49 U.S.C. 106(g).
Source: Docket No. 5032, 29 FR 11708, Aug. 15, 1964, unless
otherwise noted.
14 CFR 125.411 Special Federal Aviation Regulations
14 CFR 125.411 SFAR No. 36
Editorial Note: For the text of SFAR No. 36, see part 121 of this
chapter.
14 CFR 125.411 SFAR No. 38-2
Editorial Note: For the text of SFAR No. 38-2, see part 121 of this
chapter.
14 CFR 125.411 Subpart A -- General
14 CFR 127.1 Applicability.
(a) This part prescribes rules governing each air carrier holding a
certificate of public convenience and necessity issued by the Civil
Aeronautics Board when that air carrier engages in scheduled interstate
air transportation using helicopters within the 48 contiguous States and
the District of Columbia.
(b) This part does not apply to operations conducted under the
provisions of 91.321.
(Doc. No. 5032, 29 FR 11708, Aug. 15, 1964, as amended by Amdt.
127-40, 45 FR 43162, June 26, 1980; Amdt. 127-43, 54 FR 34332, Aug.
18, 1989)
14 CFR 127.3 Operating rules.
Each air carrier shall:
(a) Comply with part 91 of this chapter unless otherwise specified in
this part; and
(b) Conduct charter flights or other special service operations,
under the rules prescribed in 121.5 of this chapter in place of the
rules of this part.
(Amdt. 127-143, 43 FR 22643, May 25, 1978)
14 CFR 127.5 Operation of airplanes having a maximum passenger seating
configuration of 30 seats or less and a maximum payload capacity of
7,500 pounds or less.
No person may conduct operations with an airplane having a maximum
passenger seating configuration, excluding any pilot seat, of 30 seats
or less and a maximum payload capacity of 7,500 pounds or less, unless
those operations are conducted under part 135 of this chapter, except
135.5, 135.17, 135.27, 135.29, 135.31, 135.35, 135.37, and 135.39, and
appropriate operations specifications. However, the holder of an air
carrier operating certificate issued under this part may maintain its
airplanes operated under part 135 of this chapter under a continuous
airworthiness maintenance program that meets subpart I of this part and
operations specifications issued to it under this part. Operations
specifications issued under this section contain the operating
limitations and requirements that the Administrator finds necessary.
(Amdt. 127-35, 43 FR 46783, Oct. 10, 1978)
14 CFR 127.5 Subpart B -- Certification: Operations Specifications
14 CFR 127.11 Certificate and operations specifications required.
No air carrier may operate a helicopter in operations to which this
part applies without, or in violation of, an air carrier operating
certificate and separate appropriate operations specifications issued
under this part.
14 CFR 127.13 Contents of certificate and operations specifications.
(a) Each air carrier operating certificate contains the points
between which, and the routes over which, the air carrier may operate.
(b) An air carrier's operations specifications contain the following:
(1) The kinds of operations authorized.
(2) A current list of all helicopters authorized for use.
(3) En route authorizations.
(4) En route limitations.
(5) Heliport authorizations.
(6) Heliport limitations.
(7) Time limitations, or standards for determining time limitations,
for overhauls, parts retirement, inspections, replacements, and checks
of airframes, engines, rotors, and appliances.
(8) Procedures for control of weight and balance of helicopters.
(9) Pages of the air carrier's operations manual that have been
specifically designated and approved by the Administrator.
(10) Any other item that the Administrator determines is necessary to
cover a particular situation.
14 CFR 127.17 Issue of certificates.
(a) An applicant is entitled to an air carrier operating certificate
if --
(1) The applicant holds a certificate of public convenience and
necessity issued by the Civil Aeronautics Board; and
(2) The Administrator, after investigation, finds that the applicant
is properly and adequately equipped and able to conduct a safe operation
under this part and operations specifications provided for in this part.
(b) Whenever, after investigation, the Administrator determines that
the general standards of safety for air carrier operations require or
allow a deviation from any requirement of this part (except 127.73) for
a particular operation or class of operations, he issues operations
specifications prescribing appropriate requirements that deviate from
the requirements of this part.
(Doc. No. 5032, 29 FR 11708, Aug. 15, 1964, as amended by Amdt.
127-8, 33 FR 10330, July 19, 1968)
14 CFR 127.19 Availability of certificate.
Each air carrier shall make its operating certificate available for
inspection by the Administrator, or an authorized representative of the
National Transportation Safety Board, at its principal operations base.
(Secs. 3, 6, 9, 80 Stat. 931, 49 U.S.C. 1652, 1655, 1657)
(Doc. No. 5032, 29 FR 11708, Aug. 15, 1964, as amended by Doc. No.
8084, 32 FR 5769, Apr. 11, 1967)
14 CFR 127.21 Duration of certificate.
(a) An air carrier operating certificate is effective until
termination of the economic authority issued by the Civil Aeronautics
Board to the air carrier, or until it is surrendered or the
Administrator suspends, revokes, or otherwise terminates it.
(b) If the Administrator suspends or revokes an air carrier operating
certificate, the holder of that certificate shall return it to the
Administrator.
14 CFR 127.22 Carriage of narcotic drugs, marihuana, and depressant or
stimulant drugs or substances.
If the holder of a certificate issued under this part permits any
aircraft owned or leased by that holder to be engaged in any operation
that the certificate holder knows to be in violation of 91.19(a) of
this chapter, that operation is a basis for suspending or revoking the
certificate.
(Amdt. 127-10, 34 FR 13923, Aug. 30, 1969, as amended by Amdt.
127-27, 36 FR 17495, Sept. 1, 1971; Amdt. 127-43, 54 FR 34332, Aug.
18, 1989)
14 CFR 127.23 Use of operations specifications.
(a) Each air carrier shall keep each of its employees informed of the
provisions of its operations specifications that apply to the employee's
duties and responsibilities.
(b) Each air carrier shall maintain a complete and separate set of
its operations specifications. In addition, each air carrier shall
insert pertinent provisions of its operations specifications in its air
carrier manual in such a manner that they retain their identity as
operations specifications.
14 CFR 127.25 Amendment of certificate.
(a) After notice and opportunity of hearing to the carrier concerned,
the Administrator may amend an air carrier operating certificate if the
Administrator finds that the amendment is reasonably required in the
interests of safety.
(b) Upon application by an air carrier, the FAA District Office
charged with the overall inspection of the certificate holder's
operations amends an air carrier operating certificate if it finds that
general standards of safety allow the amendment.
(Amdt. 127-36, 43 FR 52206, Nov. 9, 1978)
14 CFR 127.27 Amendment of operations specifications.
(a) The FAA District Office charged with the overall inspection of
the certificate holder's operations may amend any operations
specifications issued under this part, except those pertaining to
heliport and route authorizations --
(1) Upon application by the air carrier, if the District Office
determines that safety in air transportation and the public interest
allows the amendment; or
(2) If the District Office determines that safety in air
transportation and the public interest requires the amendment.
(b) In the case of an amendment under paragraph (a)(2) of this
section, the District Office notifies the air carrier, in writing, of
the proposed amendment, fixing a reasonable period (but not less than
seven days) within which the air carrier may submit written information,
views, and arguments on the amendment. After considering all relevant
material presented, the District Office notifies the air carrier of any
amendment adopted, or rescinds the notice. The amendment becomes
effective not less than 30 days after the air carrier receives notice of
it, unless the air carrier petitions the Director, Flight Standards
Service, to reconsider the amendment, in which case its effective date
is stayed pending a decision by the Director. If the District Office
finds that there is an emergency requiring immediate action with respect
to safety in air transportation, that makes the procedure in this
paragraph impracticable or contrary to the public interest, it may issue
an amendment, effective without stay, on the date the air carrier
receives notice of it. In such a case, the District Office incorporates
the finding, and a brief statement of the reasons for it, in the notice
of the amended operations specifications to be adopted.
(c) An applicant must file its application for an amendment of
operations specifications with the District Office at least 15 days
before the date that it proposes for the amendment to become effective,
unless a shorter filing period is allowed by that office.
(d) Within 30 days after receiving from the District Office a notice
of refusal to approve an air carrier's application for amendment, the
air carrier may petition the Director, Flight Standards Service, to
reconsider the refusal to amend.
(Amdt. 127-36, 43 FR 52206, Nov. 9, 1978)
14 CFR 127.29 Inspection authority.
Each air carrier shall allow the Administrator to make any
inspections or examinations that he considers necessary to determine the
air carrier's compliance with the Federal Aviation Act of 1958, the
Federal Aviation Regulations, and its operating certificate and
operations specifications.
14 CFR 127.31 Change of address.
Each air carrier shall notify the FAA Air Carrier District Office
charged with the overall inspection of its operations, in writing, at
least 30 days in advance, of any change in the address of its principal
business office, its principal operations base, or its principal
maintenance base.
14 CFR 127.31 Subpart C -- Requirements for Services and Facilities
14 CFR 127.41 Route requirements.
(a) Each air carrier seeking a route approval must show that --
(1) It is able to conduct scheduled operations between heliports over
that route or route segment; and
(2) The facilities and services available are adequate for the kind
of operation proposed.
(b) Paragraph (a) of this section does not require actual flight over
a route or route segment if the air carrier shows that the flight is not
essential to safety.
14 CFR 127.43 Route width.
The Administrator designates the width of routes or route segments
submitted to him for approval, consistent with --
(a) Terrain;
(b) Available navigation aids;
(c) Air traffic density; and
(d) ATC procedures.
14 CFR 127.45 Heliports.
Each air carrier must show that each route it submits for approval
has enough heliports that are properly equipped and adequate for the
proposed operation considering such items as size, surface,
obstructions, facilities, public protection, lighting, navigational and
communications aids, and ATC.
14 CFR 127.47 Communications facilities.
(a) Each air carrier must show that a two-way air/ground radio
communication system is available at points that will insure reliable
and rapid communications, under normal operating conditions over the
entire route (either direct or by approved point to point circuits) for
the following purposes:
(1) Communications between the helicopter and the appropriate air
carrier operational control office, at the minimum flight altitudes
specified in its operations specifications, and independent of systems
operated by the United States.
(2) Communications between the helicopter and the appropriate ATC
unit. In case of communications under paragraph (a)(2) of this section,
the Administrator may allow the use of communication systems operated by
the United States.
(b) If the Administrator finds that compliance with paragraph (a)(1)
of this section is not practicable because of terrain conditions, he may
allow an exception to that paragraph over specified segments of the
route.
14 CFR 127.49 Weather reporting facilities.
(a) Each air carrier must show that enough weather reporting services
are available along each proposed route to insure weather reports
(prepared and released by the U.S. National Weather Service or a source
approved by the National Weather Service or prepared from in-flight
pilot reports) and forecasts necessary for the operation.
(b) Each air carrier that uses forecasts to control flight movements
shall prepare each forecast from weather reports specified in paragraph
(a) of this section.
(Doc. No. 5032, 29 FR 11708, Aug. 15, 1964, as amended by Amdt.
127-26, 36 FR 13811, July 28, 1971)
14 CFR 127.51 Servicing and maintenance facilities.
Each air carrier must show that competent personnel and adequate
facilities and equipment are available for servicing helicopters.
14 CFR 127.51 Subpart D -- Air Carrier Manuals
14 CFR 127.61 Preparation.
(a) Each air carrier shall prepare and keep current an air carrier
manual for the use and guidance of flight and ground operations
personnel in conducting its operations.
(b) For the purpose of this subpart, the certificate holder may
prepare that part of the manual containing maintenance information and
instructions, in whole or in part, in printed page form or microfilm.
(Doc. No. 5032, 29 FR 11708, Aug. 15, 1964, as amended by Amdt.
127-22, 35 FR 17176, Nov. 7, 1970)
14 CFR 127.63 Contents.
(a) Each air carrier manual must --
(1) Include instructions and information necessary to allow the
personnel concerned to perform their duties and responsibilities with a
high degree of safety;
(2) Be in a form that is easy to revise;
(3) Have the date of last revision on each page concerned; and
(4) Not be contrary to the provision of any applicable federal
regulation or the air carrier's operations specifications or operating
certificate.
(b) Copies of the manual may be divided into two or more parts to
facilitate use by personnel concerned. However, each part must contain
that part of the following information that is appropriate for each
group of personnel:
(1) General policies.
(2) Duties and responsibilities of each crewmember and appropriate
members of the ground organization.
(3) Reference to appropriate Federal Aviation Regulations.
(4) Operational flight control.
(5) En route flight, navigation, and communication procedures,
including procedures for initiating or continuing a flight if any item
of equipment required for the particular kind of operation becomes
inoperative or unserviceable en route.
(6) Appropriate information from the en route operations
specifications, including for each approved route the types of
helicopters authorized, their crew complement, the kind of operation
such as VFR, day, night, etc., and any other pertinent information.
(7) Appropriate information from the heliport operations
specifications including for each heliport --
(i) Its location;
(ii) Its designation (regular, alternate, provisional, etc.);
(iii) The types of helicopters authorized;
(iv) Landing and takeoff minimums;
(v) A diagram showing access and egress routes, restricted areas,
prominent obstructions, usable dimensions; and
(vi) Any other pertinent information that may assist the pilot.
(8) Takeoff, en route, and landing weight limitations.
(9) Procedures for familiarizing passengers with the use of emergency
equipment during flight.
(10) Emergency equipment and procedures.
(11) Procedures for determining the usability of landing and takeoff
areas.
(12) Procedures for disseminating pertinent information to operations
personnel.
(13) Procedures for operating in periods of ice, hail, thunderstorms,
turbulence, or any potentially hazardous meteorological condition.
(14) Airman training programs, including appropriate ground, flight,
and emergency phases.
(15) Instructions and procedures for maintenance, preventive
maintenance, and servicing.
(16) Time limitations, or standards for determining time limitations,
for overhauls, parts retirement, inspections, replacements, and checks
of airframes, engines, rotors, and appliances.
(17) Procedures for refueling helicopters, eliminating fuel
contamination, protection from fire (including electrostatic
protection), and supervising and protecting passengers during refueling.
(18) Airworthiness inspections, including instructions covering
procedures, standards, responsibilities, and authority of inspection
personnel.
(19) Methods and procedures for maintaining the helicopter weight and
center of gravity within approved limits.
(20) Pilot route and heliport qualification procedures.
(21) Accident notification procedures.
(22) Pertient information on helicopter performance taken from the
approved rotorcraft flight manual for each type of helicopter used.
(23) Other information or instructions relating to safety.
(c) Each air carrier shall maintain at least one complete master copy
of the air carrier manual at its principal operations base.
(Doc. No. 5032, 29 FR 11708, Aug. 15, 1964, as amended by Amdt.
127-29, 37 FR 20024, Sept. 23, 1972)
14 CFR 127.65 Distribution.
(a) Each air carrier shall furnish current copies (and the changes
and additions thereto) of the air carrier manual or appropriate parts of
it to --
(1) Appropriate ground operations and maintenance personnel of the
air carrier;
(2) Crewmembers; and
(3) Representatives of the Administrator assigned to the air carrier.
(b) Each person to whom a manual, or appropriate parts of it, is
furnished under paragraph (a) of this section shall keep it up to date
with the changes and additions furnished to him.
(c) For the purpose of complying with paragraph (a) of this section,
a certificate holder may furnish the persons listed therein the
maintenance part of the manual in microfilm form if it also furnishes
and maintains a reading device that provides a legible facsimile image
of the microfilmed maintenance information and instructions.
(Doc. No. 5032, 29 FR 11708, Aug. 15, 1964, as amended by Amdt.
127-22, 35 FR 17177, Nov. 7, 1970)
14 CFR 127.65 Subpart E -- Helicopter Requirements
14 CFR 127.71 General.
(a) No air carrier may operate a helicopter unless that helicopter
meets the applicable airworthiness requirements of this chapter.
(b) An air carrier may operate in common carriage, and for the
carriage of mail, a civil helicopter which is leased or chartered to it
without crew and is registered is a country which is a party to the
Convention on International Civil Aviation if --
(1) The helicopter carries an appropriate airworthiness certificate
issued by the country of registration and meets the registration and
identification requirements of that country;
(2) The helicopter is of a type design which is approved under a U.S.
type certificate and complies with all of the requirements of this
chapter (14 CFR chapter 1) that would be applicable to that helicopter
were it registered in the United States, including the requirements
which must be met for issuance of a U.S. standard airworthiness
certificate (including type design conformity, condition for safe
operation, and the noise, fuel venting, and engine emission requirements
of this chapter), except that a U.S. registration certificate and a U.S.
standard airworthiness certificate will not be issued for the
helicopter;
(3) The helicopter is operated by U.S.-certificated airmen employed
by the air carrier; and
(4) The air carrier files a copy of the helicopter lease or charter
agreement with the FAA Aircraft Registry, Department of Transportation,
6400 South MacArthur Boulevard, Oklahoma City, OK (Mailing address:
P.O. Box 25504, Oklahoma City, OK 73125).
(Doc. No. 5032, 29 FR 11708, Aug. 15, 1964, as amended by Amdt.
127-41, 45 FR 68649, Oct. 16, 1980)
14 CFR 127.73 Proving tests.
(a) No air carrier may operate a helicopter not before proven for use
in air carrier operations, unless a helicopter of that type has had, in
addition to the helicopter certification tests, at least 100 hours of
proving tests acceptable to the Administrator, including a
representative number of flights into en route heliports. At least 10
hours of the proving tests must be flown at night, if night operations
are authorized.
(b) An air carrier may not operate a helicopter of a type that has
been proven in commercial or extensive military service, if it has not
previously used that type, or if that helicopter has been materially
altered in design, unless --
(1) The aircraft has had at least 50 hours of tests acceptable to the
Administrator, including a representative number of flights into en
route heliports; or
(2) The Administrator specifically authorizes deviations when special
circumstances make full compliance unnecessary in a particular case.
(c) No air carrier may carry passengers in a helicopter during
proving tests, except for those needed to make the test and those
designated by the Administrator. However, it may carry mail, express,
or other cargo, when approved.
(Amdt. 127-8, 33 FR 10330, July 19, 1968, as amended by Amdt.
127-24, 36 FR 4864, Mar. 13, 1971)
14 CFR 127.73 Subpart F -- Operating Limitations
14 CFR 127.81 General.
Each air carrier shall operate each of its helicopters in accordance
with operating limitations prescribed by the Administrator in the
interests of safety considering the performance of the helicopter, the
areas traversed, heliports used, engine failure in flight, and
temperature operating correction factors set forth in the Rotorcraft
flight manual.
(Doc. No. 5032, 29 FR 11708, Aug. 15, 1964 as amended by Amdt.
127-29, 37 FR 20024 Sept. 23, 1972)
14 CFR 127.83 Operation of helicopters other than transport Category A.
Each air carrier shall show, for operations with helicopters
certificated under part 27, or the transport Category B provisions of
part 29, that adequate areas are available for a safe autorotative or
one engine inoperative landing from any point along the route to be used
and that those areas are readily identifiable in both day and night
operations.
14 CFR 127.85 Provisionally certificated helicopters.
In addition to the limitations in 91.317 of this chapter, the
following limitations apply to the operation of provisionally
certificated helicopters:
(a) In addition to crew members, each air carrier may carry on board
such a helicopter only those persons who are listed in 127.211(c) or
who are specifically authorized by both the air carrier and the
Administrator.
(b) Each air carrier shall keep a log of each flight conducted under
this section and shall keep accurate and complete records of each
inspection made and all maintenance performed on the helicopter. The
air carrier shall make the log and records made under this section
available to the manufacturer and the Administrator.
(Doc. No. 5032, 29 FR 11708, Aug. 15, 1964, as amended by Amdt.
127-43, 54 FR 34332, Aug. 18, 1989)
14 CFR 127.85 Subpart G -- Special Airworthiness Requirements
14 CFR 127.91 Fire prevention.
No air carrier may use a helicopter in passenger service (for which
application for type certification was made before May 16, 1953) unless
that helicopter complies with the fire prevention provisions of part 6
of the Civil Air Regulations as in effect on May 16, 1953.
14 CFR 127.93 Carriage of cargo in passenger compartments.
Whenever cargo cannot be loaded in approved cargo racks, bins, or
compartments that are separate from passenger compartments, that cargo
may be carried in the passenger compartment in accordance with the
following:
(a) It is properly secured by a safety belt or other tiedown having
enough strength to eliminate the possibility of shifting under all
normally anticipated flight and ground conditions.
(b) It is packaged or covered to avoid possible injury to passengers.
(c) It does not impose any load on seats or on the floor structure
that exceeds the load limitation for those components.
(d) It is not located in a position that restricts the access to or
use of any required emergency or regular exit, or the use of the aisle
between the crew and the passenger compartments.
(e) It is not carried directly above seated passengers.
14 CFR 127.93 Subpart H -- Instrument and Equipment Requirements
14 CFR 127.101 General.
(a) Instruments and equipment required by 127.103 through 127.125
must be approved and installed in accordance with the airworthiness
requirements applicable to them.
(b) Except as provided in 127.247(b), no person may take off any
helicopter unless the following instruments and equipment are in
operable condition:
(1) Instruments and equipment required to comply with airworthiness
requirements under which the helicopter is type certificated and as
required by 127.91.
(2) Instruments and equipment specified in 127.103 through 127.117
for all operations, and the instruments and equipment specified in
127.119 through 127.125 for the kind of operation indicated, wherever
these items are not already required by paragraph (b)(1) of this
section.
14 CFR 127.103 Flight and navigational equipment.
No person may operate a helicopter unless it is equipped with the
following flight and navigational instruments and equipment:
(a) An airspeed indicating system with heated pitot tube or
equivalent means for preventing malfunctioning due to icing.
(b) A sensitive altimeter; however, after December 24, 1980, an
altimeter that meets the performance and environmental standards of TSO
-- C10b, or equivalent.
(c) A sweep-second clock.
(d) A free-air temperature indicator.
(e) A magnetic compass.
(Doc. No. 5032, 29 FR 11708, Aug. 15, 1964, as amended by Amdt.
127-37, 44 FR 61325, Oct. 25, 1979; Amdt. 127-38, 45 FR 38348, June 9,
1980)
14 CFR 127.105 Engine instruments and equipment -- reciprocating engine
powered helicopters.
No person may operate a reciprocating engine powered helicopter
unless it is equipped with the following engine instruments and
equipment:
(a) A carburetor air temperature indicator for each engine.
(b) A cylinder head temperature indicator for each air-cooled engine.
(c) A fuel pressure indicator and warning light for each engine.
(d) A means for indicating fuel quantity in each fuel tank to be
used, and for helicopters with more than one independent fuel tank, a
warning device indicating when the fuel in any independent tank becomes
low.
(e) A manifold pressure indicator for each engine.
(f) An oil pressure indicator and warning light for each engine.
(g) An oil-in temperature indicator for each engine.
(h) An oil temperature indicator or warning device to indicate when
the oil temperature exceeds a safe value in each main rotor drive
gearbox, including those gearboxes essential to rotor phasing, having an
oil system independent of the engine oil system.
(i) An oil pressure indicator and warning light for each transmission
using a separate oil pump.
(j) Carburetor heating or deicing equipment for each engine.
(k) If equipped with a rotor brake, a means to indicate full or
partial engagement.
(l) A tachometer for the main rotor, or for each main rotor the speed
of which may vary appreciably with respect to another main rotor.
(m) A tachometer for each engine.
The tachometers required by paragraphs (l) and (m) of this section
may be combined in a single instrument, but that instrument must
indicate rotor r.p.m. during autorotation.
(Doc. No. 5032, 29 FR 11708, Aug. 15, 1964, as amended by Amdt.
127-33, 41 FR 55475, Dec. 20, 1976)
14 CFR 127.106 Engine instruments and equipment -- turbine engine
powered helicopters.
No person may operate a turbine engine powered helicopter unless it
is equipped with the following engine instruments and equipment:
(a) A fuel pressure indicator and warning light for each engine.
(b) A means of indicating fuel quantity in each fuel tank to be used,
and for helicopters with more than one fuel tank, a warning device
indicating when the fuel in any independent fuel tank is low.
(c) An oil pressure indicator and warning light for each engine.
(d) An oil temperature indicator for each engine.
(e) An oil temperature indicator and warning light for each main
rotor drive gearbox including those gearboxes essential to rotor
phasing, having an oil system independent of the engine oil system.
(f) An oil temperature indicator and warning light for each
transmission using a separate oil pump.
(g) A gas temperature indicator for each engine.
(h) An output torque indicator for each engine.
(i) A tachometer (to indicate the speed of the engine rotors with
established limiting speeds) for each engine.
(j) A tachometer for the main rotor or for each main rotor the speed
of which may vary appreciably with respect to another main rotor.
The tachometers required by paragraphs (i) and (j) of this section
may be combined in a single instrument, but that instrument must
indicate rotor RPM during autorotation.
(Amdt. 127-33, 41 FR 55475, Dec. 20, 1976)
14 CFR 127.107 Emergency equipment.
(a) General. No person may operate a helicopter unless it is
equipped with the emergency equipment listed in this section.
(b) Each item of emergency equipment.
(1) Must be readily accessible to the crew;
(2) Must clearly indicate its method of operation; and
(3) When carried in a compartment or container, must have that
compartment or container marked as to contents.
(c) Hand fire extinguishers for crew, passenger, and cargo
compartments. Hand fire extinguishers of a type approved by the
Underwriters' Laboratories, Inc., Factory Mutual Laboratories,
Underwriters Laboratories of Canada, or any other person whose approval
is acceptable to the FAA, or an extinguisher approved under 21.305 (and
that are accessible in flight) must be provided for use in crew,
passenger, and cargo compartments, in accordance with the following:
(1) The type and quantity of extinguishing agent must be suitable for
the kinds of fires likely to occur in the compartment where the
extinguisher is intended to be used.
(2) At least one hand fire extinguisher must be conveniently located
on the flight deck for use by the flight crew.
(3) At least one hand fire extinguisher must be conveniently located
in the passenger compartment of each helicopter accommodating more than
six passengers.
(d) First-aid equipment. First-aid kits for treatment of injuries
likely to occur in flight or in minor accidents must be provided in a
quantity appropriate to the number of passengers and crew accommodated
by the helicopter.
(e) Interior emergency exit markings. Each helicopter must have
conspicuously marked emergency exits. Each emergency exit must have
conspicuously marked means of access and means of opening. The identity
and location of each emergency exit must be recognizable from a distance
equal to the width of the cabin. The location of the emergency exit
operating handle and the instructions for opening must be marked on or
adjacent to the emergency exist and must be readable from at least 30
inches by a person with normal eyesight.
(f) Lighting for interior emergency exit markings. Each
passenger-carrying helicopter must have a source or sources of light
(with an energy supply that is independent of the main lighting system)
for each passenger emergency exit marking. Each light must be designed
to --
(1) Function automatically in a crash landing, to continue
functioning thereafter, and to be manually operable; or
(2) Be manually operable only and to continue functioning after a
crash landing.
If a light requires manual operation, it must be turned on before
each takeoff and landing. If a light requires arming of the system to
function automatically, the system must be armed before each takeoff and
landing.
14 CFR 127.109 Seat and safety belt.
(a) No person may operate a helicopter unless there are available
during the takeoff, en route flight, and landing --
(1) An approved seat for each person on board the helicopter who has
reached his second birthday; and
(2) An approved safety belt for separate use by each person on board
the helicopter who has reached his second birthday.
(b) During the takeoff and landing of a helicopter, each person on
board shall occupy an approved seat with a safety belt properly secured
about him. A person who has not reached his second birthday may be held
by an adult who is occupying a seat.
However, notwithstanding the provisions of this section, in the case
of children who have reached their second birthday, but not their 12th
birthday, a safety belt may be used for two in a single seat if the
strength requirements of the seat and the safety belt are not exceeded.
(Amdt. 127-25, 36 FR 12512, July 1, 1971)
14 CFR 127.111 Miscellaneous equipment.
No person may conduct any operation unless the following equipment is
installed in the helicopter:
(a) A windshield wiper or equivalent for each pilot station.
(b) An alternate source of energy able to carry the necessary load
for all instruments required by 127.119 that require a power source.
(c) A means to indicate the adequacy of the power being supplied to
required flight instruments.
14 CFR 127.113 Cockpit check procedures.
(a) Each air carrier shall provide an approved cockpit check
procedure for each type of helicopter.
(b) The approved procedures must include the items necessary for
flight crew-members to check for safety before starting engine(s),
taking off, or landing, and in engine emergencies. The procedures must
be designed so that a flight crewmember will not need to rely upon his
memory for items to be checked.
(c) The approved procedures must be readily usable in the cockpit of
each helicopter.
14 CFR 127.115 Passenger information.
(a) No person may operate a helicopter that has separate passenger
and crew compartments unless it is equipped with signs that are visible
to passengers and cabin attendants to notify them when smoking is
prohibited and when safety belts should be fastened. The signs must be
so constructed that the crew can turn them on and off. The ''No
smoking'' sign must be left on unless a cabin attendant is carried in
the passenger compartment. In single-engine helicopters, the seat belts
must be fastened during the entire flight.
(b) After Aug. 31, 1981, no person may operate a passenger-carrying
helicopter under this part unless there is affixed to each forward
bulkhead and each passenger seat back a sign or placard that reads
''Fasten Seat Belt While Seated.'' These signs or placards need not meet
the requirements of paragraph (a) of this section.
(Doc. No. 5032, 29 FR 11708, Aug. 15, 1964, as amended by Amdt.
127-39, 45 FR 41595, June 19, 1980)
14 CFR 127.117 Exterior exit and evacuation markings.
No person may operate a helicopter unless the exterior surfaces of
the helicopter are marked to clearly identify each required emergency
exit. If the exits are operable from the outside, the markings must
consist of or include information indicating the method of opening.
14 CFR 127.119 Instruments and equipment for operations at night.
No person may operate a helicopter at night unless it is equipped
with the following instruments and equipment in addition to those
required by 127.103 through 127.117:
(a) Position lights.
(b) An anti-collision light.
(c) Two landing lights, at least one of which is controllable to
light the area forward of and below the helicopter.
(d) Instrument lights providing enough light to make each required
instrument or switch easily readable, and installed so that the direct
rays are shielded from the flight crewmember's eyes and that no
objectionable reflections are visible to them. There must be a means of
controlling the intensity of illumination unless the operator shows that
nondimming instrument lights are satisfactory.
(e) A generator of adequate capacity.
(f) A gyroscopic bank and pitch indicator (artificial horizon).
(g) A gyroscopic direction indicator (direction gyro).
(h) A gyroscopic rate-of-turn indicator with bank indicator.
(i) A vertical speed indicator (rate-of-climb indicator).
14 CFR 127.121 Equipment for single engine helicopter overwater
operations.
No person may operate a single-engine helicopter over water beyond
autorotative gliding distance from the land unless it is equipped with
the following equipment:
(a) Helicopter flotation devices.
(b) A life preserver (or other adequate individual flotation device)
for each occupant.
(c) Any other equipment that the Administrator determines is
necessary for safety for a particular operation.
14 CFR 127.123 Radio equipment.
(a) No person may operate a helicopter unless it is equipped with the
approved radio equipment specified for the kind of operation being
conducted.
(b) ATC transponder equipment installed within the time periods
indicated below must meet the performance and environmental requirements
of the following TSO's:
(1) Through January 1, 1992: (i) Any class of TSO-C74b or any class
of TSO-C74c as appropriate, provided that the equipment was manufactured
before January 1, 1990; or
(ii) The appropriate class of TSO-C112 (Mode S).
(2) After January 1, 1992: The appropriate class of TSO-C112 (Mode
S). For purposes of paragraph (b)(2) of this section, ''installation''
does not include --
(i) Temporary installation of TSO-C74b or TSO-C74c substitute
equipment, as appropriate, during maintenance of the permanent
equipment;
(ii) Reinstallation of equipment after temporary removal for
maintenance; or
(iii) For fleet operations, installation of equipment in a fleet
aircraft after removal of the equippment for maintenance from another
aircraft in the same operator's fleet.
(Doc. No. 5032, 29 FR 11708, Aug. 15, 1964, as amended by Amdt.
127-31, 37 FR 28499, Dec. 27, 1972; Amdt. 127-41, 52 FR 3392, Feb. 3,
1987)
14 CFR 127.125 Radio equipment for operations over routes navigated by
pilotage.
No person may operate a helicopter over a route that can be navigated
by pilotage, unless the helicopter is equipped with the radio equipment
needed to perform the following functions under normal operating
conditions:
(a) Communicate with at least an appropriate ground station in the
vicinity, as prescribed in 127.47, and with other helicopters operated
by the air carrier.
(b) Communicate with ATC towers from any point in the control zone
within which flight is intended.
(c) Receive meteorological information at the minimum en route
altitude specified in the air carrier's operations specification, either
separately or by the means required to comply with paragraph (a) or (b)
of this section.
(Doc. No. 5032, 29 FR 11708, Aug. 15, 1964, as amended by Amdt.
127-44, 56 FR 65663, Dec. 17, 1991
Effective Date Note: By 127-44, 56 FR 65663, Dec. 17, 1991,
127.125 was amended by revising paragraph (b), effective September 16,
1993. For the convenience of the user, the revised text follows.
127.125 Radio equipment for operations over routes navigated by
pilotage.
(b) Communicate with ATC towers from any point within the lateral
boundaries of the surface areas of Class B, Class D, Class C, or Class D
airspace designated for an airport in which flights are intended.
14 CFR 127.127 Cockpit voice recorders.
(a) No certificate holder may operate a large transport category
helicopter after July 8, 1971, unless an approved cockpit voice recorder
is installed in that helicopter and is operated continuously from the
start of the use of the checklist (before starting engines for the
purpose of flight) to completion of the final checklist at the
termination of the flight.
(b) Each cockpit voice recorder must be installed in accordance with
the requirements of part 29 of this chapter.
(c) In complying with this section, an approved cockpit voice
recorder having an erasure feature may be used, so that at any time
during the operation of the recorder, information recorded more than 30
minutes earlier may be erased or otherwise obliterated.
(d) In the event of an accident or occurrence requiring immediate
notification of the National Transportation Safety Board under part 830
of title 49 which results in the termination of the flight, the
certificate holder shall keep the recorded information for at least 60
days or, if required by the Administrator or the Board, for a longer
period. Information obtained from the record is used to assist in
determining the cause of accidents or occurrences in connection with
investigations under part 830 of title 49. The Administrator does not
use the record in any civil penalty or certificate action.
(Amdt. 127-17, 35 FR 7293, May 9, 1970, as amended by Amdt. 127-34,
43 FR 22643, May 25, 1978)
14 CFR 127.127 Subpart I -- Maintenance, Preventive Maintenance, and Alterations
14 CFR 127.131 Responsibility for airworthiness.
(a) Each air carrier is primarily responsible for --
(1) The airworthiness of its helicopters, including airframes,
aircraft engines, appliances, and parts thereof; and
(2) The performance of the maintenance, preventive maintenance, and
alteration of its helicopters, including airframes, aircraft engines,
appliances, and parts thereof, in accordance with its manual and the
regulations of this chapter.
(b) An air carrier may make arrangements with another person for the
performance of any maintenance, preventive maintenance, or alterations.
However, this does not relieve the air carrier of the responsibility
specified in paragraph (a) of this section.
14 CFR 127.132 Maintenance, preventive maintenance, and alteration
organization.
(a) Each air carrier that performs any of its maintenance (other than
required inspections), preventive maintenance, or alterations, and each
person with whom it arranges for the performance of that work must have
an organization adequate to perform the work.
(b) Each air carrier that performs any inspections required by its
manual (in this subpart referred to as required inspections) and each
person with whom it arranges for the performance of that work must have
an organization adequate to perform that work.
(c) Each person performing required inspections in addition to other
maintenance, preventive maintenance, or alterations, shall organize the
performance of those functions so as to separate the required inspection
functions from the other maintenance, preventive maintenance, and
alteration functions. The separation shall be below the level of
administrative control at which overall responsibility for the required
inspection functions and other maintenance, preventive maintenance, and
alteration functions are exercised.
14 CFR 127.133 Maintenance, preventive maintenance, and alterations
programs.
Each air carrier shall have an inspection program and a program
covering other maintenance, preventive maintenance, and alterations that
ensures that --
(a) Maintenance, preventive maintenance, and alterations performed by
it, or by other persons, are performed in accordance with the air
carrier's manual;
(b) Competent personnel and adequate facilities and equipment are
provided for the proper performance of maintenance, preventive
maintenance, alterations; and
(c) Each helicopter released to service is airworthy and has been
properly maintained for operation under this part.
(Doc. No. 5032, 29 FR 11708, Aug. 15, 1964, as amended by Amdt.
127-30, 37 FR 28054, Dec. 20, 1972)
14 CFR 127.134 Manual requirements.
(a) The air carrier shall put in its manual a chart or description of
the air carrier's organization required by 127.132 and a list of
persons with whom it has arranged for the performance of any of its
required inspections, other maintenance, preventive maintenance, or
alterations, including a general description of that work.
(b) The air carrier's manual must contain the programs required by
127.133 that must be followed in performing maintenance, preventive
maintenance, and alterations of that air carrier's helicopters,
including airframes, engines, rotors, appliances, and parts thereof, and
must include at least the following:
(1) The method of performing routine and nonroutine maintenance
(other than required inspections), preventive maintenance, and
alterations.
(2) A designation of the items of maintenance, preventive
maintenance, and alteration that must be inspected (required
inspections), including at least those that could result in a failure,
malfunction, or defect endangering the safe operation of the helicopter,
if not performed properly or if improper parts or materials are used.
(3) The method of performing required inspections and a designation
by occupational title of personnel authorized to perform each required
inspection.
(4) Procedures for the reinspection of work performed pursuant to
previous required inspection findings (buy-back procedures).
(5) Procedures, standards, and limits necessary for required
inspections and acceptance or rejection of the items required to be
inspected and for periodic inspection and calibration of precision
tools, measuring devices, and test equipment.
(6) Procedures to ensure that all required inspections are performed.
(7) Instructions to prevent any person who performs any item of work
from performing any required inspection of that work.
(8) Instructions and procedures to prevent any decision of an
inspector, regarding required inspection, from being countermanded by
persons other than supervisory personnel of the inspection or a person
at that level of administrative control that has overall responsibility
for the management of both the required inspection functions and the
other maintenance, preventive maintenance, and alterations functions.
(9) Procedures to ensure that required inspections, other
maintenance, preventive maintenance, and alterations that are not
completed as a result of shift changes or similar work interruptions are
properly completed before the airplane is released to service.
(10) For rotorcraft for which a Rotorcraft Maintenance Manual
containing an ''Airworthiness Limitations'' section has been issued,
procedures to ensure that the replacement times, inspection intervals,
and related procedures specified in that section of the manual are
complied with, including applicable changes to that section of the
manual.
(c) The certificate holder must set forth in its manual a suitable
system (which may include a coded system), that provides for
preservation and retrieval of information in a manner acceptable to the
Administrator and that provides --
(1) A description (or reference to data acceptable to the
Administrator) of the work performed;
(2) The name of the person performing the work if the work is
performed by a person outside the organization of the certificate
holder; and
(3) The name or other positive identification of the individual
approving the work.
(Sec. 603, 72 Stat. 776, 49 U.S.C. 1423)
(Doc. No. 5032, 29 FR 11708, Aug. 15, 1964, as amended by Amdt.
127-9, 33 FR 14107, Sept. 18, 1968; Amdt. 127-28, 37 FR 15984, Aug. 9,
1972)
14 CFR 127.135 Required inspection personnel.
(a) No person may use any person to perform required inspections
unless the person performing the inspection is appropriately
certificated, properly trained, qualified, and authorized to do so.
(b) No person may allow any person to perfom a required inspection
unless, at that time, the person performing that inspection is under the
supervision and control of an inspection unit.
(c) No person may perform a required inspection if he performed the
item of work required to be inspected.
(d) Each air carrier shall maintain, or shall determine that each
person with whom it arranges to perform its required inspections
maintains, a current listing of persons who have been trained,
qualified, and authorized to conduct required inspections. The persons
must be identified by name, occupational title, and the inspections that
they are authorized to perform. The air carrier (or person with whom it
arranges to perform its required inspections) shall give written
information to each person so authorized describing the extent of his
responsibilities, authorities, and inspectional limitations. The list
shall be made available for inspection by the Administrator upon
request.
14 CFR 127.136 Continuing analysis and surveillance.
(a) Each air carrier shall establish and maintain a system for the
continuing analysis and surveillance of the performance and
effectiveness of its inspection program and the program covering other
maintenance, preventive maintenance, and alterations and for the
correction of any deficiency in those programs, regardless of whether
those programs are carried out by the air carrier or by another person.
(b) Whenever the Administrator finds that either or both of the
programs described in paragraph (a) of this section does not contain
adequate procedures and standards to meet the requirements of this part,
the air carrier shall, after notification by the Administrator, make any
changes in those programs that are necessary to meet those requirements.
(c) An air carrier may petition the Administrator to reconsider the
notice to make a change in a program. The petition must be filed with
the FAA Air Carrier District Office charged with the overall inspection
of the air carrier's operations within 30 days after the air carrier
receives the notice. Except in the case of an emergency requiring
immediate action in the interest of safety, the filing of the petition
stays the notice pending a decision by the Administrator.
14 CFR 127.137 Maintenance and preventive maintenance training program.
Each air carrier or person performing maintenance or preventive
maintenance functions for it shall have a training program to ensure
that each person (including inspection personnel) who determines the
adequacy of work done is fully informed about procedures and techniques
and new equipment in use and is competent to perform his duties.
14 CFR 127.138 Maintenance and preventive maintenance personnel duty
time limitations.
Each air carrier (or person performing maintenance or preventive
maintenance functions for it) shall relieve each person performing
maintenance or preventive maintenance from duty for a period of at least
24 consecutive hours during any seven consecutive days, or the
equivalent thereof within any one calendar month.
14 CFR 127.139 Certificate requirements.
(a) Except for maintenance, preventive maintenance, alterations, and
required inspections performed by repair stations certificated under the
provisions of subpart C of part 145, each person who is directly in
charge of maintenance, preventive maintenance, or alteration, and each
person performing required inspections must hold an appropriate airman
certificate.
(b) For the purposes of this section, a person directly in charge is
each person assigned to a position in which he is responsible for the
work of a shop or station that performs maintenance, preventive
maintenance, alterations, or other functions affecting aircraft
airworthiness. A person who is directly in charge need not physically
observe and direct each worker constantly but must be available for
consultation and decision on matters requiring instruction or decision
from higher authority than that of the persons performing the work.
(Amdt. 127-1, 29 FR 19098, Dec. 30, 1964, as amended by Amdt. 127-6,
31 FR 10613, Aug. 9, 1966)
14 CFR 127.140 Authority to perform and approve maintenance, preventive
maintenance, and alterations.
(a) An air carrier may perform, or it may make arrangements with
other persons to perform, maintenance, preventive maintenance, and
alterations as provided in its continuous airworthiness maintenance
program and its maintenance manual. In addition, an air carrier may
perform these functions for another air carrier as provided in the
continuous airworthiness maintenance program and maintenance manual of
the other air carrier.
(b) An air carrier may approve any helicopter, airframe, aircraft
engine, propeller, or appliance for return to service after maintenance,
preventive maintenance, or alterations that are performed under
paragraph (a) of this section. However, in the case of a major repair
or major alteration the work must have been done in accordance with
technical data approved by the Administrator.
(Doc. No. 5032, 29 FR 11708, Aug. 15, 1964, as amended by Amdt.
127-21, 35 FR 16973, Oct. 30, 1970)
14 CFR 127.141 Maintenance recording requirements.
(a) Each certificate holder shall keep (using the system specified in
the manual required in 127.134) the following records for the periods
specified in paragraph (b) of this section:
(1) All the records necessary to show that all the requirements for
the issuance of an airworthiness release under 127.319 have been met.
(2) Records containing the following information:
(i) The total time in service of the airframe.
(ii) The current status of life-limited parts of each airframe,
engine, propeller, rotor, and appliance.
(iii) The time since last overhaul of all items installed on the
aircraft which are required to be overhauled on a specified time basis.
(iv) The identification of the current inspection status of the
aircraft, including the times since the last inspections required by the
inspection program under which the aircraft and its appliances are
maintained.
(v) The current status of applicable airworthiness directives,
including the method of compliance.
(vi) A list of current major alterations to each airframe, engine,
propeller, rotor, and appliance.
(b) Each certificate holder shall retain the records required to be
kept by this section for the following periods:
(1) Except for the records of the last complete overhaul of each
airframe, engine, propeller, rotor, and appliance, the records specified
in paragraph (a)(1) of this section shall be retained until the work is
repeated or superseded by other work or for 1 year after the work is
performed.
(2) The records of the last complete overhaul of each airframe,
engine, propeller, rotor, and appliance shall be retained until the work
is superseded by work of equivalent scope and detail.
(3) The records specified in paragraph (a)(2) of this section shall
be retained and transferred with the aircraft at the time the aircraft
is sold.
(c) The certificate holder shall make all maintenance records
required to be kept by this section available for inspection by the
Administrator or any authorized representative of the National
Transportation Safety Board (NTSB).
(Amdt. 127-8, 37 FR 15984, Aug. 9, 1972)
14 CFR 127.142 Transfer of maintenance records.
Each certificate holder who sells a U.S. registered aircraft shall
transfer to the purchaser, at the time of sale, the following records of
that aircraft, in plain language form or in coded form at the election
of the purchaser, if the coded form provides for the preservation and
retrieval of information in a manner acceptable to the Administrator:
(a) The records specified in 127.141(a)(2).
(b) The records specified in 127.141(a)(1) which are not included in
the records covered by paragraph (a) of this section, except that the
purchaser may permit the seller to keep physical custody of such
records. However, custody of records in the seller does not relieve the
purchaser of his responsibility under 127.141(c) to make the records
available for inspection by the Administrator or any authorized
representative of the National Transportation Safety Board (NTSB).
(Amdt. 127-8, 37 FR 15984, Aug. 9, 1972)
14 CFR 127.142 Subpart J -- Airman and Crewmember Requirements
14 CFR 127.143 Airmen: Limitations on use of services.
No air carrier may use a person as an airman unless that person holds
an appropriate and valid airman certificate issued under this chapter
and is otherwise qualified for the operation for which he is to be used.
(Doc. No. 5032, 29 FR 11708, Aug. 15, 1964. Redesignated by Amdt.
127-12, 34 FR 14426, Sept. 16, 1969)
14 CFR 127.145 Composition of flight crew.
(a) No air carrier may operate a helicopter with less than the
minimum flight crew specified in the airworthiness certificate for the
helicopter and required by the kind of operation being conducted.
(b) If the air carrier is authorized to operate IFR or operates large
helicopters, the minimum pilot crew is two pilots.
(Doc. No. 5032, 29 FR 11708, Aug. 15, 1964. Redesignated by Amdt.
127-12, 34 FR 14426, Sept. 16, 1969)
14 CFR 127.147 Flight attendant.
Each air carrier conducting a passenger operation shall provide at
least one flight attendant for each flight in a helicopter of more than
19-passenger capacity.
(Doc. No. 5032, 29 FR 11708, Aug. 15, 1964. Redesignated by Amdt.
127-12, 34 FR 14426, Sept. 16, 1969)
14 CFR 127.149 Emergency and emergency evacuation duties.
(a) Each certificate holder shall, for each type of helicopter,
assign to each category of required crewmember, as appropriate, the
necessary functions to be performed in an emergency or a situation
requiring emergency evacuation. The certificate holder shall show those
functions are realistic, can be practically accomplished, and will meet
any reasonably anticipated emergency including the possible
incapacitation of individual crewmembers or their inability to reach the
passenger cabin because of shifting cargo in combination cargo-passenger
helicopters.
(b) The certificate holder shall describe in its manual the functions
of each category of required crewmembers under paragraph (a) of this
section.
(Amdt. No. 127-4, 30 FR 14919, Dec. 2, 1965. Redesignated by Amdt.
127-12, 34 FR 14426, Sept. 16, 1969)
14 CFR 127.149 Subpart K -- Training Programs
14 CFR 127.151 Establishment.
(a) Each air carrier shall establish an approved training program
that insures that each crewmember is adequately trained to perform that
crewmember's assigned duties. Before serving in scheduled operations,
each crewmember must satisfactorily complete the initial training
phases.
(b) Each air carrier shall provide adequate ground and flight
training facilities and properly qualified instructors for the training
required by this section, and enough approved check airmen to conduct
the flight checks required by this part. The check airmen must hold the
airman certificates and ratings that are required for the airmen being
checked.
(c) The training program for each flight crewmember must consist of
appropriate ground and flight training, including proper flight crew
coordination. The air carrier shall standardize procedures for each
flight crew function to the extent that each flight crewmember knows the
functions for which he is responsible and the relation of those
functions to the functions of other flight crewmembers. The initial
program must include at least the requirements set forth in 127.153
through 127.157.
(d) The crewmember emergency procedures training program must include
at least the requirements set forth in 127.157.
(e) Each instructor, supervisor, or check airman that is responsible
for a particular training check or flight check shall certify as to the
proficiency of the crewmember and person employed in operational control
after he completes his initial training and after he completes his
recurrent training. That certification shall be made a part of the
record of the person being checked.
(Doc. No. 5032, 29 FR 11708, Aug. 15, 1964, as amended by Amdt.
127-34, 43 FR 22643, May 25, 1978)
14 CFR 127.153 Initial ground training: Pilots.
Each air carrier shall provide at least the following initial ground
training for each pilot before he serves as a pilot:
(a) Instruction in the appropriate provisions of the air carrier's
operations specifications and of this chapter especially the operating
and flight release rules and helicopter operating limitations.
(b) Operational control procedures and appropriate contents of the
manuals.
(c) Duties and responsibilities of crewmembers.
(d) The type of helicopter to be flown, including a study of the
helicopter, engines, major components and systems, performance
limitations, standard and emergency operating procedures, and
appropriate contents of the approved Helicopter Flight Manual.
(e) Principles and methods for determining weight and balance
limitations for takeoff and landing.
(f) Navigation and the use of appropriate navigation aids.
(g) Airport, heliport, air traffic control systems and procedures,
and ground control letdown procedures, if pertinent.
(h) Enough meteorology to insure a practical knowledge of the
principles of icing, fog, thunderstorms, and frontal systems.
(i) Procedures for operating in turbulent air, icing, hail,
thunderstorms, and other potentially hazardous meteorlogical conditions.
14 CFR 127.155 Initial flight training: Pilots.
The initial flight training that the air carrier must provide for
each pilot must include at least --
(a) Takeoffs and landings;
(b) Normal and emergency flight maneuvers, including approaches and
landings with simulated one engine inoperative in each type of
helicopter to be flown by the pilot in scheduled operations; and
(c) If night operations are authorized, night takeoffs and landings.
14 CFR 127.157 Crewmember emergency training.
Each air carrier shall design its training in emergency procedures to
give each crewmember appropriate individual instruction in emergency
procedures. The training must include at least procedures --
(a) To be followed in event of the failure of an engine or other
component or system;
(b) To be followed in event of fire in the air or on the ground;
(c) To be followed in event of ditching;
(d) To be followed in event of evacuation;
(e) Pertaining to the location and operation of emergency equipment;
and
(f) Pertaining to limitations maximum and minimum engine and rotor
r.p.m.
14 CFR 127.159 Operations personnel.
Each air carrier shall establish and maintain a training program to
insure that operations personnel who perform duties involving
operational control are adequately trained to perform those duties. The
air carrier may not assign a person to perform duties involving
operational control until he has passed a test on those duties and
responsibilities.
14 CFR 127.161 Recurrent training.
(a) Each air carrier shall provide the training necessary to insure
the continued competence of each crewmember and each person engaged in
operational control and to insure that each has adequate knowledge of,
and familiarity with, any new equipment or new procedures to be used by
him.
(b) Each air carrier shall, at intervals established in the training
program, but not more than each 12 months, check the competence of each
crewmember and each person engaged in operational control, with respect
to procedures, techniques, and information essential to the satisfactory
performance of his duties. If the check of a pilot in command requires
actual flight, the check is met by a check made under 127.177.
(c) The appropriate instructor, supervisor, or check airman shall
certify as to the proficiency shown, and that certification becomes a
part of the person's record. In the case of a pilot other than a pilot
in command, a pilot in command may make that certification.
14 CFR 127.161 Subpart L -- Flight Crewmember Qualification
14 CFR 127.171 General.
(a) No air carrier may use a flight crewmember and no flight
crewmember may perform duties under his airman certificate, unless he
meets the appropriate requirements in 127.151 or 127.161 and 127.175
through 127.181.
(b) When a pilot completes a check required by this subpart the check
airman who is responsible for the particular check shall certify that
the pilot is proficient. This certification shall be made a part of the
pilot's record.
14 CFR 127.173 Pilot qualification: Certificates required.
(a) No pilot may act as pilot in command of a helicopter unless he
holds an airline transport pilot certificate and an appropriate type
rating for that helicopter.
(b) Each pilot who acts as a pilot in a capacity other than as pilot
in command must hold at least a commercial pilot certificate and a
helicopter rating.
14 CFR 127.175 Pilot qualification: Recent experience.
No air carrier may use a pilot in scheduled air transportation
unless, within the preceding 90 days, he has made at least three
takeoffs and three landings in each type of helicopter in which he is to
serve. At least two of the landings must have been from an approach in
auto-rotation in each type single-engine helicopter in which he is to
serve. In addition, if the pilot is scheduled to serve in air
transportation at night, at least one of the autorotative landings must
have been made at night.
(Amdt. 127-14, 35 FR 311, Jan. 8, 1970)
14 CFR 127.177 Pilot checks.
(a) Line check. No air carrier may use a pilot as pilot in command
until he has passed a line check in one of the types of helicopters that
he is to fly. Thereafter he may not serve as a pilot in command unless
each 12 calendar months he passes a similar line check. The line check
may be given at any time during the calendar month before or the month
after the month in which it is due without affecting its effective date.
The check must be given by a check pilot who is qualified on the route.
The check must consist of at least one scheduled flight between
terminals over a route to which the pilot is normally assigned. The
check pilot must determine whether the pilot being checked
satisfactorily performs the duties and responsibilities of a pilot in
command.
(b) Proficiency check. No air carrier may use a pilot as a pilot in
command unless he has satisfactorily shown to the Administrator or a
check pilot that he is able to pilot and navigate helicopters that he is
to fly. Thereafter he may not serve as a pilot in command unless each
six calendar months he passes a similar pilot proficiency check. The
check may be given at any time during the calendar month before or the
calendar month after the calendar month in which it is due without
affecting its effective date. If a pilot serves in more than one
helicopter type, the check must be given alternately in a helicopter of
each type in which he serves. The proficiency check must include the
following:
(1) An oral equipment test covering the subjects tested in
127.153(d), accomplished in the carrier's ground school or during a
proficiency or line check.
(2) Approaches and landings with simulated one engine inoperative in
multiengine helicopters, or autorotation in single engine helicopters.
(3) Normal takeoffs and landings.
(4) Crosswind landings.
(5) Climbs.
(6) Climbing turns.
(7) Steep turns.
(8) Maneuvering at minimum speeds.
(9) Rapid descents and quick stops.
(10) A review of the emergency procedures listed in 127.157.
14 CFR 127.179 Pilot route and heliport qualification requirements.
(a) No air carrier may use a pilot as pilot in command until he has
qualified for the route on which he is to serve, in accordance with
paragraphs (b) through (d) of this section, and the appropriate
instructor or check pilot has so certified.
(b) Each qualifying pilot shall show that he has adequate knowledge
of the following:
(1) Weather characteristics.
(2) Navigation facilities.
(3) Communication procedures.
(4) Types of terrain and obstruction hazards.
(5) Minimum safe flight levels.
(6) Position reporting points.
(7) Holding procedures.
(8) Pertinent ATC procedures.
(9) Congested areas, obstructions, physical layout, and approach
procedures for each heliport approved for the route.
(c) Each pilot in command must have made an entry, as a member of a
flight crew, into each heliport into which he is to fly. The entry must
include a landing and takeoff under day VFR weather conditions to allow
him to observe the heliport and surrounding terrain, and any
obstructions to landing and takeoff. The qualifying pilot must occupy a
seat in the pilot compartment and be accompanied by a pilot who is
qualified at that heliport.
(d) Each pilot in command who is to be qualified for night passenger
operations must be qualified in accordance with paragraphs (b) and (c)
of this section. In addition, he must have made one trip over the route
at night with a pilot who is qualified for night operations on the
route.
14 CFR 127.181 Maintenance and reestablishment of pilot route and
heliport qualifications.
(a) An air carrier may not use a pilot as pilot in command on a route
unless that pilot has maintained his qualification on that route in
accordance with paragraph (b) or (c) of this section or reestablished
his qualification under 127.179.
(b) To maintain route qualification for use as a single-engine
helicopter pilot, a pilot must make at least one trip as a flight
crewmember between heliports on the route during each consecutive
6-month period after the month in which he establishes his route
qualification under 127.179.
(c) To maintain route qualification for use as multi-engine
helicopter pilot, a pilot must make at least one trip as a flight
crewmember between heliports on the route during each consecutive
12-month period after the month in which he establishes his route
qualification under 127.179.
(Amdt. 127-11, 34 FR 14070, Sept. 5, 1969)
14 CFR 127.181 Subpart M -- Flight Time Limitations
14 CFR 127.191 General.
(a) No air carrier may schedule any flight crewmembers for flight
time in scheduled air transportation or in other commercial flying, if
his total flight time in all commercial flying would be more than --
(1) 1000 hours in any calendar year;
(2) 100 hours in any calendar month; or
(3) 30 hours in any seven consecutive days.
(b) No air carrier may schedule a flight crewmember for flight time
for more than eight hours during any 24 consecutive hours unless he is
given an intervening rest period at or before the end of the eight
scheduled hours aloft. The rest period must be at least twice the
number of hours of flight time since the preceding rest period, but not
less than eight hours.
(c) A flight crewmember who has had more than eight hours of flight
time in any 24 consecutive hours must, upon completing his assigned
flight or series of flights, be given at least 16 hours of rest before
being assigned any further duty with the air carrier.
(d) Each air carrier shall relieve each flight crewmember engaged in
scheduled air transportation from all duty for at least 24 consecutive
hours at least once during any seven consecutive days.
(e) No air carrier may assign a flight crewmember to any duty with it
during a rest period prescribed in this section.
(f) A flight crewmember is not considered to be scheduled for duty in
excess of any limitation in this section, if the flights to which he is
assigned are scheduled and normally terminate within those limitations,
but due to exigencies beyond the air carrier's control (such as adverse
weather conditions) are not at the time of departure expected to reach
their destination within the scheduled time.
14 CFR 127.191 Subpart N -- Flight Operations
14 CFR 127.201 Operational control.
(a) Each air carrier is responsible for operational control.
(b) Each air carrier is responsible for --
(1) The exercise of necessary authority for the initiation,
continuation, diversion, or termination of a flight; and
(2) Monitoring the progress of each flight and providing the pilot
with all information necessary for the safety of the flight.
(c) Each pilot in command of a helicopter is, during flight time, in
command of the helicopter and crew and is responsible for the safety of
the passengers, crewmembers, cargo, and aircraft.
(d) Each pilot in command of a helicopter is responsible for the
preflight planning and the operation of the flight in compliance with
this chapter and the operations specifications.
14 CFR 127.203 Operations notices.
Each air carrier shall notify its appropriate operations personnel of
each change in equipment and operating procedures, including each known
change in the use of navigation aids, heliports, ATC procedures and
regulations, local airport traffic control rules, and known hazards to
flight, including icing and other potentially hazardous meteorological
conditions and irregularities in ground and navigation facilities.
14 CFR 127.205 Operations schedules.
In establishing flight operations schedules, each air carrier shall
allow enough time for the proper servicing of helicopters with fuel and
oil at intermediate stops. In addition, it shall consider the
prevailing winds along the particular route and the cruising speed of
the type of helicopter to be flown, and that speed may not be more than
that achieved with the engines operating at specified cruising power.
14 CFR 127.207 Flight crewmembers at controls.
Each required flight crewmember on-flight deck duty shall remain at
his station while the helicopter is taking off or landing, and while it
is en route except when the absence of one member is necessary for
performing his duties in connection with operating the helicopter or in
connection with his physiological needs. Each flight crewmember shall
keep his seat belt fastened when at his station.
(Doc. No. 5032, 29 FR 11708, Aug. 15, 1964, as amended by Amdt.
127-3, 30 FR 13120, Oct. 15, 1965)
14 CFR 127.209 Manipulation of controls.
No person may manipulate the flight controls of a helicopter during
flight unless he is --
(a) A qualified pilot employed by the air carrier operating that
helicopter;
(b) An authorized pilot safety representative of the Administrator or
of the National Transportation Safety Board who has the permission of
the pilot in command, is qualified in the helicopter, and is checking
flight operations; or
(c) A pilot employed by another air carrier who has the permission of
the pilot in command, is qualified in the helicopter, and is authorized
by the carrier operating the helicopter.
(Secs. 3, 6, 9, 80 Stat. 931, 49 U.S.C. 1652, 1655, 1657)
(Doc. No. 5032, 29 FR 11708, Aug. 15, 1964, as amended by Doc. No.
8084, 32 FR 5769, Apr. 11, 1967)
14 CFR 127.211 Admission to flight deck.
(a) No person may admit any person to the flight deck of a helicopter
unless the person being admitted is --
(1) A crewmember;
(2) An FAA air carrier inspector, or an authorized representative of
the National Transportation Safety Board, who is performing official
duties;
(3) An employee of the United States, an air carrier, or an
aeronautical enterprise who has the permission of the pilot in command
and whose duties are such that admission to the flight deck is necessary
or advantageous for safe operations; or
(4) Any person who has the permission of the pilot in command and is
specifically authorized by the air carrier management and by the
Administrator. Paragraph (a)(2) of this section does not limit the
emergency authority of the pilot in command to exclude any person from
the flight deck in the interests of safety.
(b) For the purposes of paragraph (a)(3) of this section, employees
of the United States who deal responsibly with matters relating to
safety and employees of the air carrier whose efficiency would be
increased by familiarity with flight conditions, may be admitted by the
air carrier. However, the air carrier may not admit employees of
traffic, sales, or other departments that are not directly related to
flight operations, unless they are eligible under paragraph (a)(4) of
this section.
(c) No person may admit any person to the flight deck unless there is
a seat available in the passenger compartment for the use of the person
admitted. This paragraph does not apply to --
(1) An FAA air carrier inspector or an authorized representative of
the Administrator or National Transportation Safety Board who is
checking or observing flight operations;
(2) An air traffic controller who is authorized by the Administrator
to observe ATC procedures;
(3) A certificated airman employed by the air carrier whose duties
require an airman's certificate;
(4) A certificated airman employed by another air carrier whose
duties with that carrier require an airman's certificate and who is
authorized by the carrier operating the helicopter to make specific
trips over a route;
(5) An employee of the air carrier operating the helicopter whose
duty is directly related to the conduct or planning of flight
operations, in-flight monitoring of aircraft equipment, or operating
procedures, if his presence on the flight deck is necessary to perform
his duties and he has been authorized in writing by a responsible
supervisor, listed in the operations manual as having that authority;
and
(6) A technical representative of the manufacturer of the helicopter
or its components whose duties are directly related to the in-flight
monitoring of aircraft equipment or operating procedures if his presence
on the flight deck is necessary to perform his duties, and he has been
authorized in writing by the Administrator and by a responsible
supervisor of the operations department of the air carrier listed in the
operations manual as having that authority.
(Secs. 3, 6, 9, 80 Stat. 931, 49 U.S.C. 1652, 1655, 1657)
(Doc. No. 5032, 29 FR 11708, Aug. 15, 1964, as amended by Doc. No.
8084, 32 FR 5769, Apr. 11, 1967)
14 CFR 127.212 Aviation safety inspector's credentials: Admission to
pilot's compartment.
Whenever, in performing the duties of conducting an inspection, an
inspector of the Federal Aviation Administration presents Form FAA 110A,
''Aviation Safety Inspector's Credential'', to the pilot in command of a
helicopter operated by an air carrier, the inspector must be given free
and uninterrupted access to the pilot's compartment of that helicopter.
(Amdt. 127-34, 43 FR 22643, May 25, 1978)
14 CFR 127.213 Use of cockpit check procedure.
The flight crew shall use the cockpit check procedure for each
procedure listed in 127.113.
14 CFR 127.214 Secret Service Agents: Admission to pilot's
compartment.
Whenever an Agent of the Secret Service who is assigned the duty of
protecting a person aboard a helicopter operated by an air carrier
considers it necessary in the performance of his duty to ride in the
pilot's compartment of the helicopter, he shall upon request and
presentation of his Secret Service credentials to the pilot in command
of the aircraft, be admitted to the pilot's compartment.
(Amdt. 121-64, 35 FR 12061, July 28, 1970)
14 CFR 127.215 Flying equipment.
(a) The pilot in command shall insure that appropriate aeronautical
charts containing adequate information concerning navigation aids and
instrument approach procedures are aboard the helicopter for each
flight.
(b) The pilot in command shall insure that each crewmember, on each
flight at night, has readily available for his use a flashlight that is
in good working order.
14 CFR 127.217 Restriction or suspension of operation.
When the air carrier knows of conditions, including heliport
conditions, that are a hazard to safe operations, it shall restrict or
suspend operations until those conditions are corrected.
14 CFR 127.218 Use of certificated heliports: Scheduled helicopter air
carriers.
Unless otherwise authorized by the Administrator, no scheduled
helicopter air carrier and no pilot being used by it may, in the conduct
of operations governed by this part, operate a helicopter into a
heliport in any State of the United States, the District of Columbia, or
any territory or possession of the United States, unless that heliport
is certificated under part 139 of this chapter.
(Doc. No. 12650, Amdt. 127-32, 39 FR 29342, Aug. 15, 1974)
14 CFR 127.219 Emergencies.
(a) In an emergency situation that requires immediate decision and
action, the pilot in command may take any action that he considers
necessary under the circumstances. In such a case, he may deviate from
prescribed operations procedures and methods, weather minimums, and this
chapter, to the extent required in the interests of safety.
(b) Whenever emergency authority is exercised by the pilot in
command, he shall keep the air carrier fully informed of the progress of
the flight. The person declaring the emergency shall send a written
report of any deviation, through the operator's director of operations,
to the Administrator within 10 days after the flight is completed.
(c) No pilot in command may deviate from an authorized route, except
in accordance with ATC instructions issued by a control tower or center
or when circumstances make the deviation necessary in the interests of
safety. In the case of a deviation (based on safety) that is more than
10 miles off the authorized route, the pilot shall make a written report
to the Administrator within 10 days after the deviation.
14 CFR 127.221 Reporting potentially hazardous meteorological
conditions and irregularities of ground and navigation facilities.
(a) Whenever he encounters, in flight, a meteorological condition or
an irregularity in a ground or navigational facility, the knowledge of
which he considers essential to the safety of other flights, the pilot
in command shall notify an appropriate ground radio station as soon as
practicable.
(b) The ground radio station that is notified under paragraph (a) of
this section, shall report the information to the appropriate agency of
the United States.
14 CFR 127.223 Reporting mechanical irregularities.
The pilot in command shall enter or have entered in the maintenance
log of the helicopter each mechanical irregularity met during flight
time. Before each flight, he shall ascertain the status of each
irregularity entered in the log at the end of the preceding flight.
14 CFR 127.225 Weather minimums.
No person may start a flight, continue en route, or land at a
destination heliport except in accordance with the weather requirements
in the air carrier's operations specifications.
14 CFR 127.226 Briefing passengers after takeoff.
After each takeoff of a helicopter that has separate passenger and
crew compartments, immediately before or immediately after turning the
seat belt sign off, an announcement shall be made that passengers should
keep their safety belts fastened while seated, even when the seat belt
sign is off.
(Amdt. 127-39, 45 41595, June 19, 1980)
14 CFR 127.227 Prohibition against carriage of weapons.
No person may, while on board a helicopter being operated under this
part, carry on or about his person a deadly or dangerous weapon, either
concealed or unconcealed. This section does not apply to --
(a) Officials or employees of a municipality or a State, or of the
United States, who are authorized to carry arms; or
(b) Crewmembers and other persons authorized by the air carrier to
carry arms.
(Amdt. 127-1, 29 FR 19098, Dec. 30, 1964)
14 CFR 127.229 Alcoholic beverages.
(a) No person may drink any alcoholic beverage aboard a helicopter
unless the certificate holder operating the helicopter has served that
beverage to him.
(b) No certificate holder may serve any alcoholic beverage to any
person aboard any of its helicopters if that person appears to be
intoxicated.
(c) No certificate holder may allow any person to board any of its
helicopters if that person appears to be intoxicated.
(d) Each certificate holder shall, within 5 days after the incident,
report to the Administrator the refusal of any person to comply with
paragraph (a) of this section, or any disturbance caused by a person who
appears to be intoxicated aboard any of its helicopters.
(Amdt. 127-4, 30 FR 14920, Dec. 2, 1965)
14 CFR 127.229 Subpart O -- Flight Release Rules
14 CFR 127.231 Flight release.
No person may start a flight unless the pilot in command has executed
a flight release form setting forth the conditions under which the
flight will be conducted and certifying that it will be conducted in
accordance with this chapter and the air carrier's operating
specifications. If the flight originates at a place other than the
normal operating base the form may be executed orally to the operation
control center and be made a matter of record. A flight that stays at
an intermediate heliport for more than 60 minutes requires a new flight
release.
14 CFR 127.233 Familiarity with weather conditions.
No pilot in command may execute a flight release unless he is
thoroughly familiar with existing and anticipated weather conditions
along the route to be flown.
14 CFR 127.235 Facilities and services.
(a) Before beginning a flight, the operational control center shall
furnish to the pilot in command all available current reports or
information on heliport conditions and irregularities of navigation
facilities that may affect the safety of the flight.
(b) During a flight, the operational control center shall furnish the
pilot any additional information of meteorological conditions and
irregularities of facilites and services that may affect the safety of
the flight.
14 CFR 127.237 Helicopter equipment.
No person may release a helicopter for operation unless it is
airworthy and is equipped as prescribed in 127.101.
14 CFR 127.239 Communication and navigation facilities.
No person may release a helicopter for flight over any route or route
segment unless the communication and navigation facilities required by
127.47 are in satisfactory operating condition.
14 CFR 127.241 Flight release under VFR.
No person may release a helicopter for VFR operation unless the
ceiling and visibility en route, as indicated by appropriate weather
reports or forecasts, or any combination thereof, are and will remain at
or above VFR minimums until the helicopter arrives at the heliport or
heliports of intended landing specified in the flight release.
14 CFR 127.243 IFR operations.
The Administrator may authorize an air carrier to conduct IFR
operations if upon its application, he finds that the helicopter is
properly certificated for instrument flight and the pilots are capable
of instrument flight in helicopters. If the authority is granted,
complete procedures are specified in the air carrier's operations
specifications.
14 CFR 127.245 Visual ground reference requirements.
Except when authorized under 127.243, no air carrier may operate a
helicopter unless meteorological conditions allow enough visual ground
reference for proper control of the helicopter, or unless, at night,
there are ample ground reference lights available for the purpose.
14 CFR 127.247 Continuing flight in unsafe conditions.
(a) If, in the opinion of the pilot in command, or the air carrier, a
flight cannot be completed safely, the pilot in command may not allow
the flight to continue toward any heliport to which it was released,
unless, in his opinion there is no safer procedure. In that event,
continuation toward that heliport is an emergency situation set forth in
127.219.
(b) If any item of equipment required under this chapter for the
particular operation becomes inoperative en route, the pilot in command
shall comply with the approved procedures for such an occurrence
specified in the air carrier manual. The Administrator may authorize
procedures in the air carrier manual for continued operation beyond a
scheduled terminal if he finds, under the circumstances, literal
compliance with this paragraph is not necessary in the interests of
safety.
14 CFR 127.249 Operation in icing conditions.
(a) No person may release a helicopter, continue to operate a
helicopter en route, or land a helicopter, if, in the opinion of the
pilot in command, or the air carrier, icing conditions are expected or
met that might adversely affect the safety of the flight.
(b) No person may take off a helicopter that has frost, snow or ice
adhering to its windshield, rotors, stabilizing or control surfaces, or
other movable parts of the helicopter or to an altimeter, airspeed, rate
of climb, or flight attitude instrument system.
(Doc. No. 5032, 29 FR 11708, Aug. 15, 1964, as amended by Amdt.
127-34, 43 FR 22643, May 25, 1978)
14 CFR 127.251 Release and continuance of flight.
(a) A heliport that is specified as the intended destination may be
changed en route to another heliport if the original flight release is
amended.
(b) If the flight release is amended while the helicopter is en
route, the air carrier shall make the amendment a matter of record.
14 CFR 127.253 Fuel supply for VFR operations.
No person may release a helicopter for VFR flight unless it carries
enough fuel --
(a) To fly to the heliport to which released; and
(b) Thereafter, to fly at least 20 minutes at normal cruising
consumption.
14 CFR 127.255 Factors in computing required fuel.
In computing required fuel, the air carrier shall consider the wind
and other weather conditions forecast, traffic delays anticipated, and
any other conditions that might delay the landing. Required fuel is in
addition to unusable fuel.
14 CFR 127.257 Takeoff and landing minimums; VFR.
Regardless of any clearance from ATC, no person may takeoff a
helicopter or land it under VFR if the reported ceiling or ground
visibility is less than that specified in the air carrier's operations
specifications.
14 CFR 127.259 Minimum flight altitudes.
The Administrator prescribes minimum flight altitudes in the
interests of safety for any route or route segment. In establishing
them he considers the character of the terrain to be traversed, the type
of helicopter, the availability of suitable emergency landing areas, the
quality and quantity of meteorological services, the navigational
facilities available, and other pertinent flight conditions.
14 CFR 127.261 Preparation of load manifest.
Each air carrier is responsible for the preparation and accuracy of a
load manifest form before each takeoff. The form must be prepared for
each flight by employees of the air carrier who have the duty of
supervising the loading of helicopters and preparing the load manifest
forms or by other qualified persons authorized by the air carrier.
14 CFR 127.261 Subpart P -- Records and Reports
14 CFR 127.301 Crewmember records.
Each air carrier shall --
(a) Maintain a current record of each crewmember showing whether he
complies with this chapter (e.g. proficiency and route checks,
helicopter and route qualifications, training, physical examination, and
flight time records); and
(b) Record each action taken concerning the release from employment
or the physical or professional disqualification of any flight
crewmember. The air carrier shall keep each record made under this
section for a period of at least three calendar months.
14 CFR 127.303 Flight release form.
(a) The flight release may be in any form but must contain at least
the following information concerning each flight:
(1) The registration number of the helicopter being used.
(2) Flight or trip number.
(3) Departure heliport, destination heliports, and routes to be
followed.
(4) Minimum fuel supply.
(5) Date and time of release.
(6) Kind of operation (e.g., VFR, day, night, etc.).
(b) A flight release executed orally under 127.231 must be recorded.
14 CFR 127.305 Load manifest.
(a) The load manifest must contain the following information
concerning the loading of the helicopter at takeoff time:
(1) The weight of the helicopter, fuel and oil, cargo and baggage,
and passengers.
(2) The maximum allowable weight for that flight.
(3) The total weight computed in accordance with approved procedures.
(4) Evidence that the helicopter is loaded in accordance with an
approved schedule that insures that the center of gravity is within
approved limits.
(5) The time and date of preparation, registration of the helicopter,
and trip number.
(6) Names of persons unless the certificate holder maintains that
information by other means.
(b) Qualified personnel of the air carrier who supervise the loading
of the helicopter and preparation of load manifest forms, or other
qualified personnel authorized by the air carrier, shall prepare and
sign the load manifest for each flight.
(Doc. No. 5032, 29 FR 11708, Aug. 15, 1964, as amended by Amdt.
127-37, 44 FR 61325, Oct. 25, 1979)
14 CFR 127.307 Disposition of load manifest and flight release.
(a) The pilot in command of a helicopter shall carry in the helicoper
to its destination, a copy of the completed load manifest (or
information from it except with respect to cargo, passenger
distribution, and the passenger list) and the flight release.
(b) The air carrier shall keep copies of the records required by this
section for at least 60 days.
(Doc. No. 5032, 29, FR 11708, Aug. 15, 1964, as amended by Amdt.
127-37, 44 FR 61325 Oct. 25, 1979)
127.308-127.309 (Reserved)
14 CFR 127.311 Maintenance log.
(a) Each person who takes action in the case of a reported or
observed failure or malfunction of an airframe, engine, rotor, or
appliance that is critical to the safety of flight shall make, or have
made, a record of that action in the helicopter's maintenance log.
(b) Each air carrier shall have an approved procedure for keeping an
adequate number of copies of the record required in paragraph (a) of
this section in the helicopter in a place readily accessible to each
flight crewmember and shall put that procedure in the air carrier
manual.
(Secs. 601-610, 72 Stat. 752, 49 U.S.C. 1423-1430)
(Doc. No. 5032, 29 FR 11708, Aug. 15, 1964, as amended by Amdt.
127-7, 33 FR 911, Jan. 25, 1968)
14 CFR 127.313 Mechanical reliability reports.
(a) Each air carrier shall report the occurrence or detection of each
failure, malfunction, or defect concerning --
(1) Fires during flight and whether the related fire-warning system
functioned properly;
(2) Fires during flight not protected by a related fire-warning
system;
(3) False fire warning during flight;
(4) An engine exhaust system that causes damage during flight to the
engine, adjacent structure, equipment, or components;
(5) A helicopter component that causes accumulation or circulation of
smoke, vapor, or toxic or noxious fumes in the crew compartment or cabin
during flight;
(6) Engine shutdown during flight because of flameout;
(7) Engine shutdown during flight when external damage to the engine
or helicopter structure occurs;
(8) Engine shutdown during flight due to icing or foreign object
ingestion;
(9) A fuel system that affects fuel flow or causes hazardous leakage
during flight;
(10) A helicopter structure that requires major repair;
(11) Cracks, permanent deformation, or corrosion of helicopter
structures, if more than the maximum acceptable to the manufacturer or
the FAA;
(12) Helicopter components or systems that result in taking emergency
actions during flight (except action to shutdown an engine); and
(13) Main rotor or auxiliary rotor system.
(b) For the purpose of this section during flight means the period
from the moment the helicopter leaves the surface of the earth or
takeoff until it touches down on landing.
(c) In addition to the reports required by paragraph (a) of this
section, each air carrier shall report any other failure, malfunction,
or defect in a helicopter or component that occurs or is detected at any
time if, in the air carrier's opinion, that failure, malfunction, or
defect has endangered or may endanger the safe operation of the
helicopter.
(d) Each air carrier shall send each report required by this section,
in writing, covering each 24-hour period beginning at 0900 hours local
time of each day and ending at 0900 hours local time on the next day, to
the FAA maintenance inspector assigned to its operations. The report
must be delivered to him by 0900 hours local time on the following day.
However, a report that is due on Saturday or Sunday may be delivered on
the following Monday and one that is due on a legal holiday may be
delivered on the next workday.
(e) The air carrier shall transmit the reports required by this
section in a manner and on a form that is convenient to its system of
communication and procedure, and shall include in the first daily report
as much of the following as is available:
(1) Type and identification number of the helicopter.
(2) The name of the air carrier.
(3) The date, flight number, and stage during which the incident
occurred (e.g., preflight, takeoff, climb, cruise, descent, landing, and
inspection).
(4) The emergency procedure effected (e.g. unscheduled landing,
emergency descent).
(5) The nature of the failure, malfunction, or defect.
(6) Identification of the part and system involved, including
available information pertaining to type designation of the major
component and time since overhaul.
(7) Apparent cause of the failure, malfunction, or defect (e.g.
wear, crack, design deficiency, or personal error).
(8) Whether the part was repaired, replaced, sent to the
manufacturer, or other action taken.
(9) Whether the helicopter was grounded.
(10) Brief narrative summary of other information necessary for more
complete identification, determination of seriousness, or corrective
action.
(f) An air carrier that is also the holder of a Type Certificate
(including a Supplemental Type Certificate), a Parts Manufacturer
Approval (PMA), or a TSO authorization, or that is the licensee of a
Type Certificate, need not report a failure, malfunction, or defect,
under this section if the failure, malfunction, or defect has been
reported by it under 21.3 of this chapter or 37.17 of this chapter or
under the accident reporting provisions of part 830 of the regulations
of the National Transportation Safety Board.
(g) No person may withhold a report required by this section even
though all information required by this section is not available.
(h) When an air carrier gets additional information, including
information from the manufacturer or other agency, concerning a report
required by this section, it shall expeditiously submit it as a
supplement to the first report and reference the date and place of
submission of the first report.
(Secs. 3, 6, 9, 80 Stat. 931, 49 U.S.C. 1652, 1655, 1657)
(Doc. No. 5032, 29 FR 11708, Aug. 15, 1964, as amended by Doc. No.
8084, 32 FR 5770, Apr. 11, 1967; Amdt. 127-15, 35 FR 3155, Feb. 19,
1970; Amdt. 127-23, 35 FR 18188, Nov. 28, 1970; Amdt. 127-34, 43 FR
22643, May 25, 1978)
14 CFR 127.315 Mechanical interruption summary report.
Each air carrier shall regularly and promptly send a summary report
on the following occurrences to the Administrator:
(a) Each interruption to a scheduled flight, unscheduled changes of
helicopters en route, or unscheduled stop or diversion from a route,
caused by known or suspected mechanical difficulties or malfunctions
that are not required to be reported under 127.313.
(b) The number of engines removed prematurely because of malfunction,
failure, or defect, listed by make and model and the helicopter type in
which it was installed.
14 CFR 127.317 Alteration and repair reports.
Each air carrier shall, promptly upon its completion, prepare a
report of each major alteration or major repair of an airframe, engine,
rotor, or appliance, of a helicopter operated by it. It shall promptly
make a copy of the report available to the Administrator.
14 CFR 127.319 Airworthiness release or helicopter log entries.
(a) No air carrier may operate a helicopter after maintenance or
alterations are performed on the helicopter unless the air carrier, or
the person with whom the air carrier arranges for the performance of the
maintenance or alterations, prepares or causes to be prepared --
(1) An airworthiness release; or
(2) An appropriate entry in the helicopter log.
(b) The airworthiness release or log entry required by paragraph (a)
of this section must --
(1) Be prepared in accordance with the procedures set forth in the
air carrier's manual;
(2) Include a certification that --
(i) The work was performed in accordance with the requirements of the
air carrier's manual;
(ii) All items required to be inspected were inspected by an
authorized person who determined that the work was satisfactorily
completed;
(iii) No known condition exists that would make the helicopter
unairworthy; and
(iv) So far as the work performed is concerned, the helicopter is in
condition for safe operation; and
(3) Be signed by an authorized certificated mechanic or repairman
except that a certificated repairman may sign the release or entry only
for the work for which he is employed and certificated.
Notwithstanding paragraph (b)(3) of this section, after maintenance
or alterations performed by a repair station certificated under the
provisions of subpart C of part 145, the airworthiness release or log
entry required by paragraph (a) of this section may be signed by a
person authorized by that repair station.
(c) When an airworthiness release form is prepared the air carrier
must give a copy to the pilot in command and must keep a record thereof
for at least two months.
(d) Instead of restating each of the conditions of the certification
required by paragraph (b) of this section, the air carrier may state in
its manual that the signature of an authorized certificated mechanic or
repairman constitutes that certification.
(Doc. No. 5032, 29 FR 11708, Aug. 15, 1964, as amended by Amdt.
127-2, 30 FR 6432, May 8, 1965; Amdt. 127-6, 31 FR 10613, Aug. 9, 1966)
14 CFR 127.319 PART 129 -- OPERATIONS: FOREIGN AIR CARRIERS AND
FOREIGN OPERATORS OF U.S.-REGISTERED AIRCRAFT ENGAGED IN COMMON CARRIAGE
Sec.
129.1 Applicability.
129.11 Operations specifications.
129.13 Airworthiness and registration certificates.
129.14 Maintenance program and minimum equiupment list requirements
for U.S.-registered aircraft.
129.15 Flight crewmember certificates.
129.17 Radio equipment.
129.18 Traffic Alert and Collision Avoidance System.
129.19 Air traffic rules and procedures.
129.21 Control of traffic.
129.23 Transport category cargo service airplanes: Increased zero
fuel and landing weights.
129.25 Airplane security.
129.26 Use of X-ray system.
129.27 Prohibition against carriage of weapons.
129.29 Prohibition against smoking.
Appendix A to Part 129 -- Application for Operations Specifications
by Foreign Air Carriers
Authority: 49 U.S.C. App. 1346, 1354(a), 1356, 1357, 1421, 1502, and
1511; 49 U.S.C. 106(g); Sec. 101 et seq., Pub. L. 101-604, 104 Stat.
3066.
Source: Docket No. 1994, 29 FR 1720, Feb. 5, 1964, unless
otherwise noted.
14 CFR 127.319 Special Federal Aviation Regulation No. 38-2
Editorial Note: For the text of SFAR No. 38-2, see part 121 of this
chapter.
14 CFR 129.1 Applicability.
(a) Except as provided in paragraph (b) of this section, this part
prescribes rules governing the operation within the United States of
each foreign air carrier holding a permit issued by the Civil
Aeronautics Board or the Department of Transportation under section 402
of the Federal Aviation Act of 1958 (49 U.S.C. 1372) or other
appropriate economic or exemption authority issued by the Civil
Aeronautics Board or the Department of Transportation.
(b) Section 129.14 also applies to U.S.-registered aircraft operated
in common carriage by a foreign person or foreign air carrier solely
outside the United States. For the purpose of this part, a foreign
person is any person, not a citizen for the United States, who operates
a U.S.-registered aircraft in common carriage solely outside the United
States.
(Doc. No. 24856, Amdt. 129-14, 52 FR 20029, May. 28, 1987)
14 CFR 129.11 Operations specifications.
(a) Each foreign air carrier shall conduct its operations within the
United States in accordance with operations specifications issued by the
Administrator under this part and in accordance with the Standards and
Recommended Practices contained in part I (International Commercial Air
Transport) of Annex 6 (Operation of Aircraft) to the Convention on
International Civil Aviation Organization. Operations specifications
shall include:
(1) Airports to be used;
(2) Routes or airways to be flown, and
(3) Such operations rules and practices as are necessary to prevent
collisions between foreign aircraft and other aircraft.
(4) Registration marketings of each U.S.-registered aircraft.
(b) An application for the issue or amendment of operations
specifications must be submitted in duplicate, at least 30 days before
beginning operations in the United States, to the Flight Standards
District Office in the area where the applicant's principal business
office is located or to the Regional Flight Standards Division Manager
having jurisdiction over the area to be served by the operations. If a
military airport of the United States is to be used as a regular,
alternate, refueling, or provisional airport, the applicant must obtain
written permission to do so from the Washington Headquarters of the
military organization concerned and submit two copies of that written
permission with his application. Detailed requirements governing
applications for the issue or amendment of operations specifications are
contained in Appendix A.
(c) No person operating under this part may operate or list on its
operations specifications any airplane listed on operations
specifications issued under part 125.
(Doc. No. 1994, 29 FR 1720, Feb. 5, 1964, as amended by Amdt.
129-14, 52 FR 20029, May. 28, 1987; Amdt. 129-19, 54 FR 39294, Sept.
25, 1989; 54 FR 51972, Dec. 19, 1989)
14 CFR 129.13 Airworthiness and registration certificates.
(a) No foreign air carrier may operate any aircraft within the United
States unless that aircraft carries current registration and
airworthiness certificates issued or validated by the country of
registry and displays the nationality and registration markings of that
country.
(b) No foreign air carrier may operate a foreign aircraft within the
United States except in accordance with the limitations on maximum
certificated weights prescribed for that aircraft and that operation by
the country of manufacture of the aircraft.
14 CFR 129.14 Maintenance program and minimum equipment list
requirements for U.S.-registered aircraft.
(a) Each foreign air carrier and each foreign person operating a
U.S.-registered aircraft within or outside the United States in common
carriage shall ensure that each aircraft is maintained in accordance
with a program approved by the Administrator.
(b) No foreign air carrier or foreign person may operate a
U.S.-registered aircraft with inoperable instruments or equipment unless
the following conditions are met:
(1) A master minimum equipment list exists for the aircraft type.
(2) The foreign operator submits for review and approval its aircraft
minimum equipment list based on the master minimum equipment list, to
the FAA Flight Standards District Office having geographic
responsibility for the operator. The foreign operator must show, before
minimum equipment list approval can be obtained, that the maintenance
procedures used under its maintenance program are adequate to support
the use of its minimum equipment list.
(3) For leased aircraft maintained and operated under a U.S.
operator's continuous airworthiness maintenance program and FAA-approved
minimum equipment list, the foreign operator submits the U.S. operator's
approved continuous airworthiness maintenance program and approved
aircraft minimum equipment list to the FAA office prescribed in
paragraph (b)(2) of this section for review and evaluation. The foreign
operator must show that it is capable of operating under the lessor's
approved maintenance program and that it is also capable of meeting the
maintenance and operational requirements specified in the lessor's
approved minimum equipment list.
(4) The FAA letter of authorization permitting the operator to use an
approved minimum equipment list is carried aboard the aircraft. The
minimum equipment list and the letter of authorization constitute a
supplemental type certificate for the aircraft.
(5) The approved minimum equipment list provides for the operation of
the aircraft with certain instruments and equipment in an inoperable
condition.
(6) The aircraft records available to the pilot must include an entry
describing the inoperable instruments and equipment.
(7) The aircraft is operated under all applicable conditions and
limitations contained in the minimum equipment list and the letter
authorizing the use of the list.
(Docket No. 24856, Amdt. No. 129-14, 52 FR 20029, May 28, 1987)
14 CFR 129.15 Flight crewmember certificates.
No person may act as a flight crewmember unless he holds a current
certificate or license issued or validated by the country in which that
aircraft is registered, showing his ability to perform his duties
connected with operating that aircraft.
(Amdt. 129-3, 30 FR 16074, Dec. 24, 1965)
14 CFR 129.17 Radio equipment.
(a) Subject to the applicable laws and regulations governing
ownership and operation of radio equipment, each foreign air carrier
shall equip its aircraft with such radio equipment as is necessary to
properly use the air navigation facilities, and to maintain
communications with ground stations, along or adjacent to their routes
in the United States.
(b) Whenever VOR navigational equipment is required by paragraph (a)
of this section, at least one distance measuring equipment unit (DME),
capable of receiving and indicating distance information from the VORTAC
facilities to be used, must be installed on each airplane when operated
at or above 24,000 feet MSL within the 50 states, and the District of
Columbia.
(Doc. No. 1994, 29 FR 1720, Feb. 5, 1964, as amended by Amdt. 129-2,
30 FR 10288, Aug. 19, 1965, Amdt. 129-7, 41 FR 47230, Oct. 30, 1976)
14 CFR 129.18 Traffic Alert and Collision Avoidance System.
(a) After December 30, 1993, no foreign air carrier may operate in
the United States a turbine powered airplane that has a maximum
passenger seating configuration, excluding any pilot seat, of more than
30 seats unless it is equipped with --
(1) A TCAS II traffic alert and collision avoidance system capable of
coordinating with TCAS units that meet the specifications of TSO C-119,
and
(2) The appropriate class of Mode S transponder.
(b) After February 9, 1995, no foreign air carrier may operate in the
United States a turbine powered airplane that has a passenger seating
configuration, excluding any pilot seat, of 10 to 30 seats unless it is
equipped with a traffic alert and collision avoidance system. If a TCAS
II system is installed, it must be capable of coordinating with TCAS
units that meet the specifications of TSO C-119.
(Doc. No. 25355, 54 FR 951, Jan. 10, 1989, as amended by Amdt.
129-21, 55 FR 13247, Apr. 9, 1990)
14 CFR 129.19 Air traffic rules and procedures.
(a) Each pilot must be familiar with the applicable rules, the
navigational and communications facilities, and the air traffic control
and other procedures, of the areas to be traversed by him within the
United States.
(b) Each foreign air carrier shall establish procedures to assure
that each of its pilots has the knowledge required by paragraph (a) of
this section and shall check the ability of each of its pilots to
operate safely according to applicable rules and procedures.
(c) Each foreign air carrier shall conform to the practices,
procedures, and other requirements prescribed by the Administrator for
U.S. air carriers for the areas to be operated in.
14 CFR 129.21 Control of traffic.
(a) Subject to applicable immigration laws and regulations, each
foreign air carrier shall furnish the ground personnel necessary to
provide for two-way voice communication between its aircraft and ground
stations, at places where the Administrator finds that voice
communication is necessary and that communications cannot be maintained
in a language with which ground station operators are familiar.
(b) Each person furnished by a foreign air carrier under paragraph
(a) of this section must be able to speak both English and the language
necessary to maintain communications with the aircraft concerned, and
shall assist ground personnel in directing traffic.
14 CFR 129.23 Transport category cargo service airplanes: Increased
zero fuel and landing weights.
(a) Notwithstanding the applicable structural provisions of the
transport category airworthiness regulations, but subject to paragraphs
(b) through (g) of this section, a foreign air carrier may operate (for
cargo service only) any of the following transport category airplanes
(certificated under part 4b of the Civil Air Regulations effective
before March 13, 1956) at increased zero fuel and landing weights --
(1) DC-6A, DC-6B, DC-7B, and DC-7C; and
(2) L-1049 B, C, D, E, F, G, and H, and the L-1649A when modified in
accordance with supplemental type certificate SA 4-1402.
(b) The zero fuel weight (maximum weight of the airplane with no
disposable fuel and oil) and the structural landing weight may be
increased beyond the maximum approved in full compliance with applicable
rules only if the Administrator finds that --
(1) The increase is not likely to reduce seriously the structural
strength;
(2) The probability of sudden fatigue failure is not noticeably
increased;
(3) The flutter, deformation, and vibration characteristics do not
fall below those required by applicable regulations; and
(4) All other applicable weight limitations will be met.
(c) No zero fuel weight may be increased by more than five percent,
and the increase in the structural landing weight may not exceed the
amount, in pounds, of the increase in zero fuel weight.
(d) Each airplane must be inspected in accordance with the approved
special inspection procedures, for operations at increased weights,
established and issued by the manufacturer of the type of airplane.
(e) A foreign air carrier may not operate an airplane under this
section unless the country of registry requires the airplane to be
operated in accordance with the passenger-carrying transport category
performance operating limitations in part 121 or the equivalent.
(f) The Airplane Flight Manual for each airplane operated under this
section must be appropriately revised to include the operating
limitations and information needed for operation at the increased
weights.
(g) Each airplane operated at an increased weight under this section
must, before it is used in passenger service, be inspected under the
special inspection procedures for return to passenger service
established and issued by the manufacturer and approved by the
Administrator.
(Amdt. 129-1, 29 FR 19098, Dec. 30, 1964)
14 CFR 129.25 Airplane security.
(a) The following are definitions of terms used in this section:
(1) Approved security program means a security program required by
part 108 of this title approved by the Administrator.
(2) Certificate holder means a person holding an FAA air carrier
operating certificate or operating certificate when that person engages
in scheduled passenger or public charter operations, or both.
(3) Passenger seating configuration means the total number of seats
for which the aircraft is type certificated that can be made available
for passenger use aboard a flight and includes that seat in certain
airplanes which may be used by a representative of the Administrator to
conduct flight checks but is available for revenue purposes on other
occasions.
(4) Private charter means any charter for which the charterer engages
the total capacity of an airplane for the carriage only of:
(i) Passengers in civil or military air movements conducted under
contract with the Government of the United States or the Government of a
foreign country; or
(ii) Passengers invited by the charterer, the cost of which is borne
entirely by the charterer and not directly or indirectly by the
individual passengers.
(5) Public charter means any charter that is not a private charter.
(6) Scheduled passenger operations means holding out to the public of
air transportation service for passengers from identified air terminals
at a set time announced by timetable or schedule published in a
newspaper, magazine, or other advertising medium.
(7) Sterile area means an area to which access is controlled by the
inspection of persons and property in accordance with an approved
security program or a security program used in accordance with 129.25.
(b) Each foreign air carrier landing or taking off in the United
States shall adopt and use a security program, for each scheduled and
public charter passenger operation, that meets the requirements of --
(1) Paragraph (c) of this section for each operation with an airplane
having a passenger seating configuration of more than 60 seats;
(2) Paragraph (c) of this section for each operation that will
provide deplaned passengers access, that is not controlled by a
certificate holder using an approved security program or a foreign air
carrier using a security program required by this section, to a sterile
area;
(3) Paragraph (c) of this section for each operation with an airplane
having a passenger seating configuration of more than 30 seats but less
than 61 seats for which the FAA has notified the foreign air carrier
that a threat exists; and
(4) Paragraph (d) of this section for each operation with an airplane
having a passenger seating configuration of more than 30 seats but less
than 61 seats, when the the Director of Civil Aviation Security or a
designate of the Director has not notified the foreign air carrier in
writing that a threat exists with respect to that operation.
(c) Each security program required by paragraph (b) (1), (2), or (3)
of this section shall be designed to --
(1) Prevent or deter the carriage aboard airplanes of any explosive,
incendiary device or a deadly or dangerous weapon on or about each
individual's person or accessible property, except as provided in
129.27 of this part, through screening by weapon-detecting procedures or
facilities;
(2) Prohibit unauthorized access to airplanes;
(3) Ensure that baggage is accepted by a responsible agent of the
foreign air carrier; and
(4) Prevent cargo and checked baggage from being loaded aboard its
airplanes unless handled in accordance with the foreign air carrier's
security procedures.
(d) Each security program required by paragraph (b)(4) of this
section shall include the procedures used to comply with the applicable
requirements of paragraphs (h)(2) and (i) of this section regarding law
enforcement officers.
(e) Each foreign air carrier required to adopt and use a security
program pursuant to paragraph (b) of this section shall have a security
program acceptable to the Administrator. A foreign air carrier's
security program is acceptable only if the Administrator finds that the
security program provides passengers a level of protection similar to
the level of protection provided by U.S. air carriers serving the same
airports. Foreign air carriers shall employ procedures equivalent to
those required of U.S. air carriers serving the same airport if the
Administrator determines that such procedures are necessary to provide
passengers a similar level of protection. The following procedures
apply for acceptance of a security program by the Administrator:
(1) Unless otherwise authorized by the Administrator, each foreign
air carrier required to have a security program by paragraph (b) of this
section shall submit its program to the Administrator at least 90 days
before the intended date of passenger operations. The proposed security
program must be in English unless the Administrator requests that the
proposed program be submitted in the official language of the foreign
air carrier's country. The Administrator will notify the foreign air
carrier of the security program's acceptability, or the need to modify
the proposed security program for it to be acceptable under this part,
within 30 days after receiving the proposed security program. The
foreign air carrier may petition the Administrator to reconsider the
notice to modify the security program within 30 days after receiving a
notice to modify.
(2) In the case of a security program previously found to be
acceptable pursuant to this section, the Administrator may subsequently
amend the security program in the interest of safety in air
transportation or in air commerce and in the public interest within a
specified period of time. In making such an amendment, the following
procedures apply:
(i) The Administrator notifies the foreign air carrier, in writing,
of a proposed amendment, fixing a period of not less than 45 days within
which the foreign air carrier may submit written information, views, and
arguments on the proposed amendment.
(ii) At the end of the comment period, after considering all relevant
material, the Administrator notifies the foreign air carrier of any
amendment to be adopted and the effective date, or rescinds the notice
of proposed amendment. The foreign air carrier may petition the
Administrator to reconsider the amendment, in which case the effective
date of the amendment is stayed until the Administrator reconsiders the
matter.
(3) If the Administrator finds that there is an emergency requiring
immediate action with respect to safety in air transportation or in air
commerce that makes the procedures in paragraph (e)(2) of this section
impractical or contrary to the public interest, the Administrator may
issue an amendment to the foreign air carrier security program,
effective without stay on the date the foreign air carrier receives
notice of it. In such a case, the Administrator incorporates in the
notice of amendment the finding and a brief statement of the reasons for
the amendment.
(4) A foreign air carrier may submit a request to the Administrator
to amend its security program. The requested amendment must be filed
with the Administrator at least 45 days before the date the foreign
carrier proposes that the amendment would become effective, unless a
shorter period is allowed by the Administrator. Within 30 days after
receiving the requested amendment, the Administrator will notify the
foreign air carrier whether the amendment is acceptable. The foreign
air carrier may petition the Administrator to reconsider a notice of
unacceptability of the requested amendment within 45 days after
receiving notice of unacceptability.
(5) Each foreign air carrier required to use a security program by
paragraph (b) of this section shall, upon request of the Administrator
and in accordance with the applicable law, provide information regarding
the implementation and operation of its security program.
(f) No foreign air carrier may land or take off an airplane in the
United States, in passenger operations, after receiving a bomb or air
piracy threat against that airplane, unless the following actions are
taken:
(1) If the airplane is on the ground when a bomb threat is received
and the next scheduled flight of the threatened airplane is to or from a
place in the United States, the foreign air carrier ensures that the
pilot in command is advised to submit the airplane immediately for a
security inspection and an inspection of the airplane is conducted
before the next flight.
(2) If the airplane is in flight to a place in the United States when
a bomb threat is received, the foreign air carrier ensures that the
pilot in command is advised immediately to take the emergency action
necessary under the circumstances and a security inspection of the
airplane is conducted immediately after the next landing.
(3) If information is received of a bomb or air piracy threat against
an airplane engaged in an operation specified in paragraph (f)(1) or
(f)(2) of this section, the foreign air carrier ensures that
notification of the threat is given to the appropriate authorities of
the State in whose territory the airplane is located or, if in flight,
the appropriate authorities of the State in whose territory the airplane
is to land.
(g) Each foreign air carrier conducting an operation for which a
security program is required by paragraph (b) (1), (2), or (3) of this
section shall refuse to transport --
(1) Any person who does not consent to a search of his or her person
in accordance with the security program; and
(2) Any property of any person who does not consent to a search or
inspection of that property in accordance with the security program.
(h) At airports within the United States not governed by part 107 of
this chapter, each foreign air carrier engaging in public charter
passenger operations shall --
(1) When using a screening system required by paragraph (b) of this
section, provide for law enforcement officers meeting the qualifications
and standards, and in the number and manner, specified in part 107; and
(2) When using an airplane having a passenger seating configuration
of more than 30 but less than 61 seats for which a screening system is
not required by paragraph (b) of this section, arrange for law
enforcement officers meeting the qualifications and standards specified
in part 107 to be available to respond to an incident and provide to
appropriate employees, including crewmembers, current information with
respect to procedures for obtaining law enforcement assistance at that
airport.
(i) At airports governed by part 107 of this chapter, each foreign
air carrier engaging in scheduled passenger operations or public charter
passenger operations when using an airplane with a passenger seating
configuration of more than 30 but less than 61 seats for which a
screening system is not required by paragraph (b) of this section shall
arrange for law enforcement officers meeting the qualifications and
standards specified in part 107 to be available to respond to an
incident and provide to appropriate employees, including crewmembers,
current information with respect to procedures for obtaining law
enforcement assistance at that airport.
(j) Unless otherwise authorized by the Administrator, each foreign
air carrier required to conduct screening under this part shall use
procedures, facilities, and equipment for detecting explosives,
incendiaries, and deadly or dangerous weapons to inspect each person
entering a sterile area at each preboarding screening checkpoint in the
United States for which it is responsible, and to inspect all accessible
property under that person's control.
(Amdt. 129-11, 46 FR 3790, Jan. 15, 1981; 46 FR 7936, Jan. 26, 1981,
as amended by Amdt. 129-16, 52 FR 48509, Dec. 22, 1987; Amdt. 129-18,
54 FR 11121, Mar. 16, 1989; Amdt.129-22, 56 FR 30126, July 1, 1991)
14 CFR 129.26 Use of X-ray system.
(a) No foreign air carrier may use an X-ray system in the United
States to inspect carry-on and checked articles unless:
(1) For a system manufactured prior to April 25, 1974, it meets
either the guidelines issued by the Food and Drug Administration (FDA),
Department of Health, Education, and Welfare and published in the
Federal Register (38 FR 21442, August 8, 1973); or the performance
standards for cabinet X-ray systems designed primarily for the
inspection of carry-on baggage issued by the FDA and published in 21 CFR
1020.40 (39 FR 12985, April 10, 1974);
(2) For a system manufactured after April 24, 1974, it meets the
standards for cabinet X-ray systems designed primarily for the
inspection of carry-on baggage issued by the FDA and published in 21 CFR
1020.40 (39 FR 12985, April 10, 1974);
(3) A program for initial and recurrent training of operators of the
system has been established, which includes training in radiation
safety, the efficient use of X-ray systems, and the identification of
weapons and other dangerous articles;
(4) Procedures have been established to ensure that such operator of
the system will be provided with an individual personnel dosimeter (such
as a film badge or thermoluminescent dosimeter). Each dosimeter used
will be evaluated at the end of each calendar month, and records of
operator duty time and the results of dosimeter evaluations will be
maintained by the foreign air carrier; and
(5) The system meets the imaging requirements set forth in an
accepted Foreign Air Carrier Security Program using the step wedge
specified in American Society for Testing and Materials Standard
F792-82.
(b) No foreign air carrier may use an X-ray system as specified in
paragraph (a) of this section --
(1) Unless within the preceding 12 calendar months a radiation survey
has been conducted which shows that the system meets the applicable
performance standards in 21 CFR 1020.40 or guidelines published by the
Food and Drug Administration in the Federal Register of August 8, 1973
(38 FR 21442);
(2) After the system is initially installed or after it has been
moved from one location to another, unless a radiation survey is
conducted which shows that the system meets the applicable performance
standards in 21 CFR 1020.40 or guidelines published by the Food and Drug
Administration in the Federal Register on August 8, 1973 (38 FR 21442);
except that a radiation survey is not required for an X-ray system that
is moved to another location, if the foreign air carrier shows that the
system is so designed that it can be moved without altering its
performance:
(3) That is not in full compliance with any defect notice or
modification order issued for that system by the Food and Drug
Administration, Department of Health, Education, and Welfare, unless
that Administration has advised the FAA that the defect or failure to
comply is not such as to create a significant risk or injury, including
genetic injury, to any person; and
(4) Unless a sign is posted in a conspicuous place at the screening
station and on the X-ray system which notifies passengers that carry-on
and checked articles are being inspected by an X-ray system and advises
them to remove all X-ray, scientific, and high-speed film from their
carry-on and checked articles before inspection. This sign shall also
advise passengers that they may request an inspection to be made of
their photographic equipment and film packages without exposure to an
X-ray system. If the X-ray system exposes any carry-on or checked
articles to more than 1 milliroentgen during the inspection, the foreign
air carrier shall post a sign which advises passengers to remove film of
all kinds from their articles before inspection. If requested by
passengers, their photographic equipment and film packages shall be
inspected without exposure to an X-ray system.
(c) Each foreign air carrier shall maintain at least one copy of the
results of the most recent radiation survey conducted under paragraph
(b)(1) or (b)(2) of this section at the place where the X-ray system is
in operation and shall make it available for inspection upon request by
the Administrator.
(d) The American Society for Testing and Materials Standard F792-82,
''Design and Use of Ionizing Radiation Equipment for the Detection of
Items Prohibited in Controlled Access Areas,'' described in this section
is incorporated by reference herein and made a part hereof pursuant to 5
U.S.C. 552(a)(1). All persons affected by these amendments may obtain
copies of the standard from the American Society for Testing and
Materials, 1916 Race Street, Philadelphia, PA 19103. In addition, a
copy of the standard may be examined at the FAA Rules Docket, Docket No.
24115, 800 Independence Avenue SW., Washington, DC, weekdays, except
Federal holidays, between 8:30 a.m. and 5 p.m.
(Doc. No. 15286, Amdt. 129-6, 41 FR 30106, July 22, 1976, as amended
by Amdt. 129-8, 43 FR 11978, Mar. 23, 1978; Amdt. 129-10, 44 FR 54467,
Sept. 20, 1979; Amdt. 129-13, 50 FR 25657, June 20, 1985; Amdt.
129-23, 56 FR 48374, Sept. 24, 1991)
14 CFR 129.27 Prohibition against carriage of weapons.
(a) No person may, while on board an aircraft being operated by a
foreign air carrier in the United States, carry on or about his person a
deadly or dangerous weapon, either concealed or unconcealed. This
paragraph does not apply to --
(1) Officials or employees of the state of registry of the aircraft
who are authorized by that state to carry arms; and
(2) Crewmembers and other persons authorized by the foreign air
carrier to carry arms.
(b) No foreign air carrier may knowingly permit any passenger to
carry, nor may any passenger carry, while aboard an aircraft being
operated in the United States by that carrier, in checked baggage, a
deadly or dangerous weapon, unless:
(1) The passenger has notified the foreign air carrier before
checking the baggage that the weapon is in the baggage; and
(2) The baggage is carried in an area inaccessible to passengers.
(Doc. No. 15286, Amdt. 129-6, 41 FR 30107, July 22, 1976)
14 CFR 129.29 Prohibition against smoking.
No person may smoke and no operator shall permit smoking in the
passenger cabin or lavatory during any scheduled airline flight segment
in air transportation or intrastate air transportation which is:
(a) Between any two points within Puerto Rico, the United States
Virgin Islands, the District of Columbia, or any State of the United
States (other than Alaska or Hawaii) or between any two points in any
one of the above-mentioned jurisdictions (other than Alaska or Hawaii);
(b) Within the State of Alaska or within the State of Hawaii; or
(c) Scheduled in the current Worldwide or North American Edition of
the Official Airline Guide for 6 hours or less in duration and between
any point listed in paragraph (a) of this section and any point in
Alaska or Hawaii, or between any point in Alaska and any point in
Hawaii.
(Amdt. 129-20, 55 FR 8367, Mar. 7, 1990)
14 CFR 129.29 Pt. 129, App. A
14 CFR 129.29 Appendix A to Part 129 -- Application for Operations
Specifications by Foreign Air Carriers
(a) General. Each application must be executed by an authorized
officer or employee of the applicant having knowledge of the matter set
forth therein, and must have attached thereto two copies of the
appropriate written authority issued to that officer or employee by the
applicant. Negotiations for permission to use airports under U.S.
military jurisdiction is effected through the respective embassy of the
foreign government and the United States Department of State.
(b) Format of application. The following outline must be followed in
completing the information to be submitted in the application.
In accordance with the Federal Aviation Act of 1958 (49 U.S.C. 1372)
and part 129 of the Federal Air Regulations, application is hereby made
for the issuance of Foreign Operations Specifications.
Give exact name and full post office address of applicant.
Give the name, title, and post office address (within the United
States if possible) of the official or employee to whom correspondence
in regard to the application is to be addressed.
Unless otherwise specified, the applicant must submit the following
information only with respect to those parts of his proposed operations
that will be conducted within the United States.
Section I. Operations. State whether the operation proposed is day
or night, visual flight rules, instrument flight rules, or a particular
combination thereof.
Sec. II. Operational plans. State the route by which entry will be
made into the United States, and the route to be flown therein.
Sec. III. A. Route. Submit a map suitable for aerial navigation upon
which is indicated the exact geographical track of the proposed route
from the last point of foreign departure to the United States terminal,
showing the regular terminal, and alternate airports, and radio
navigational facilities. This material will be indicated in a manner
that will facilitate identification. The applicant may use any method
that will clearly distinguish the information, such as different colors,
different types of lines, etc. For example, if different colors are
used, the identification will be accomplished as follows:
1. Regular route: Black.
2. Regular terminal airport: Green circle.
3. Alternate airports: Orange circle.
4. The location of radio navigational facilities which will be used
in connection with the proposed operation, indicating the type of
facility to be used, such as radio range ADF, VOR, etc.
B. Airports. Submit the following information with regard to each
regular terminal and alternate to be used in the conduct of the proposed
operation:
1. Name of airport or landing area.
2. Location (direction distance to and name of nearest city or town).
Sec. IV. Radio facilities: Communications. List all ground radio
communication facilities to be used by the applicant in the conduct of
the proposed operations within the United States and over that portion
of the route between the last point of foreign departure and the United
States.
Sec. V. Aircraft. Submit the following information in regard to each
type and model aircraft to be used.
A. Aircraft.
1. Manufacturer and model number.
2. State of origin.
3. Single-engine or multiengine. If multiengine, indicate number of
engines.
4. What is the maximum takeoff and landing weight to be used for each
type of aircraft?
5. Registration markings of each U.S.-registered aircraft.
B. Aircraft Radio. List aircraft radio equipment necessary for
instrument operation within the United States.
C. Licensing. State name of country by whom aircraft are
certificated.
Sec. VI. Airmen. List the following information with respect to
airmen to be employed in the proposed operation within the United
States.
A. State the type and class of certificate held by each flight
crewmember.
B. State whether or not pilot personnel have received training in the
use of navigational facilities necessary for en route operation and
instrument letdowns along or adjacent to the route to be flown within
the United States.
C. State whether or not personnel are familiar with those parts of
the Federal Air Regulations pertaining to the conduct of foreign air
carrier operations within the United States.
D. State whether pilot personnel are able to speak and understand the
English language to a degree necessary to enable them to properly
communicate with Airport Traffic Control Towers and Airway Radio
Communication Stations using radiotelephone communications.
Sec. VII. Dispatchers.
A. Describe briefly the dispatch organization which you propose to
set up for air carrier operations within the United States.
B. State whether or not the dispatching personnel are familiar with
the rules and regulations prescribed by the Federal Air Regulations
governing air carrier operations.
C. Are dispatching personnel able to read and write the English
language to a degree necessary to properly dispatch flights within the
United States?
D. Are dispatching personnel certificated by the country of origin?
Sec. VIII. Additional Data.
A. Furnish such additional information and substantiating data as may
serve to expedite the issuance of the operations specifications.
B. Each application shall be concluded with a statement as follows:
I certify that the above statements are true.
Signed this ------ day of ------ 19 ----
------------------------ (Name of Applicant)
By
(Name of person duly authorized to execute this application on behalf
of the applicant.)
(Doc. No. 1994, 29 FR 1720, Feb. 5, 1964, as amended by Amdt.
129-14, 52 FR 20029, May. 28, 1987; Amdt. 129-19, 54 FR 39294, Sept.
25, 1989; 54 FR 51972, Dec. 19, 1989)
14 CFR 129.29 PART 133 -- ROTORCRAFT EXTERNAL-LOAD OPERATIONS
14 CFR 129.29 Subpart A -- Applicability
Sec.
133.1 Applicability.
14 CFR 129.29 Subpart B -- Certification Rules
133.11 Certificate required.
133.13 Duration of certificate.
133.14 Carriage of narcotic drugs, marihuana, and depressant or
stimulant drugs or substances.
133.15 Application for certificate issuance or renewal.
133.17 Requirements for issuance of a rotorcraft external-load
operator certificate.
133.19 Rotorcraft.
133.21 Personnel.
133.23 Knowledge and skill.
133.25 Amendment of certificate.
133.27 Availability, transfer, and surrender of certificate.
14 CFR 129.29 Subpart C -- Operating Rules and Related Requirements
133.31 Emergency operations.
133.33 Operating rules.
133.35 Carriage of persons.
133.37 Crewmember training, currency, and testing requirements.
133.39 Inspection authority.
14 CFR 129.29 Subpart D -- Airworthiness Requirements
133.41 Flight characteristics requirements.
133.43 Structures and design.
133.45 Operating limitations.
133.47 Rotorcraft-load combination flight manual.
133.49 Markings and placards.
133.51 Airworthiness certification.
Authority: 49 U.S.C. 1348, 1354(a), 1421, and 1427; 49 U.S.C.
106(g) (Revised Pub. L. 97-449, January 12, 1983).
Source: Docket No. 1529, 29 FR 603, Jan. 24, 1964, unless
otherwise noted.
14 CFR 129.29 Subpart A -- Applicability
14 CFR 133.1 Applicability.
This part prescribes --
(a) Airworthiness certification rules for rotorcraft used in; and
(b) Operating and certification rules governing the conduct of
rotorcraft external-load operations in the United States by any person.
(c) The certification rules of this part do not apply to --
(1) Rotorcraft manufacturers when developing external-load attaching
means;
(2) Rotorcraft manufacturers demonstrating compliance of equipment
utilized under this part or appropriate portions of part 27 or 29 of
this chapter;
(3) Operations conducted by a person demonstrating compliance for the
issuance of a certificate or authorization under this part;
(4) Training flights conducted in preparation for the demonstration
of compliance with this part; or
(5) A Federal, State, or local government conducting operations with
public aircraft.
(d) For the purpose of this part, a person other than a crewmember or
a person who is essential and directly connected with the external-load
operation may be carried only in approved Class D rotorcraft-load
combinations.
(Doc. No. 15176, Amdt. 133-6, 42 FR 24198, May 12, 1977, as amended
by Amdt. 133-9, 51 FR 40707, Nov. 7, 1986)
14 CFR 133.1 Subpart B -- Certification Rules
14 CFR 133.11 Certificate required.
(a) No person subject to this part may conduct rotorcraft
external-load operations within the United States without, or in
violation of the terms of, a Rotorcraft External-Load Operator
Certificate issued by the Administrator under 133.17.
(b) No person holding a Rotorcraft External-Load Operator Certificate
may conduct rotorcraft external-load operations subject to this part
under a business name that is not on that certificate.
(Doc. No. 15176, Amdt. 133-6, 42 FR 24198, May 12, 1977, as amended
by Amdt. 133-7, 42 FR 32531, June 27, 1977; Amdt. 133-9, 51 FR 40707,
Nov. 7, 1986)
14 CFR 133.13 Duration of certificate.
Unless sooner surrendered, suspended, or revoked, a Rotorcraft
External-Load Operator Certificate expires at the end of the
twenty-fourth month after the month in which it is issued or renewed.
(Doc. No. 15176, Amdt. 133-6, 42 FR 24198, May 12, 1977, as amended
by Amdt. 133-7, 42 FR 32531, June 27, 1977; Amdt. 133-9, 51 FR 40707,
Nov. 7, 1986)
14 CFR 133.14 Carriage of narcotic drugs, marihuana, and depressant or
stimulant drugs or substances.
If the holder of a certificate issued under this part permits any
aircraft owned or leased by that holder to be engaged in any operation
that the certificate holder knows to be in violation of 91.19(a) of
this chapter, that operation is a basis for suspending or revoking the
certificate.
(Doc. No. 12035, Amdt. 133-4, 38 FR 17493, July 2, 1973, as amended
by Amdt. 133-10, 54 FR 34332, Aug. 18, 1989)
14 CFR 133.15 Application for certificate issuance or renewal.
Application for an original certificate or renewal of a certificate
issued under this part is made on a form, and in a manner, prescribed by
the Administrator. The form may be obtained from an FAA Flight
Standards District Office. The completed application is sent to the
district office that has jurisdiction over the area in which the
applicant's home base of operation is located.
(Doc. No. 15176, Amdt. 133-6, 42 FR 24198, May 12, 1977, as amended
by Amdt. 133-11, 54 FR 39294, Sept. 25, 1989)
14 CFR 133.17 Requirements for issuance of a rotorcraft external-load
operator certificate.
If an applicant shows that he complies with 133.19, 133.21, and
133.23, the Administrator issues a Rotorcraft External-Load Operator
Certificate to him with an authorization to operate specified rotorcraft
with those classes of rotorcraft-load combinations for which he complies
with the applicable provisions of subpart D of this part.
14 CFR 133.19 Rotorcraft.
(a) The applicant must have the exclusive use of at least one
rotorcraft that --
(1) Was type certificated under, and meets the requirements of, part
27 or 29 of this chapter (but not necessarily with
external-load-carrying attaching means installed) or of 21.25 of this
chapter for the special purpose of rotorcraft external-load operations;
(2) Complies with the certification provisions in subpart D of this
part that apply to the rotorcraft-load combinations for which
authorization is requested; and
(3) Has a valid standard or restricted category airworthiness
certificate.
(b) For the purposes of paragraph (a) of this section, a person has
exclusive use of a rotorcraft if he has the sole possession, control,
and use of it for flight, as owner, or has a written agreement
(including arrangements for the performance of required maintenance)
giving him that possession, control, and use for at least six
consecutive months.
(Doc. No. 15176, Amdt. 133-6, 42 FR 24198, May 12, 1977)
14 CFR 133.21 Personnel.
(a) The applicant must hold, or have available the services of at
least one person who holds, a current commercial or airline transport
pilot certificate, with a rating appropriate for the rotorcraft
prescribed in 133.19, issued by the Administrator.
(b) The applicant must designate one pilot, who may be the applicant,
as chief pilot for rotorcraft external-load operations. The applicant
also may designate qualified pilots as assistant chief pilots to perform
the functions of the chief pilot when the chief pilot is not readily
available. The chief pilot and assistant chief pilots must be
acceptable to the Administrator and each must hold a current Commercial
or Airline Transport Pilot Certificate, with a rating appropriate for
the rotorcraft prescribed in 133.19.
(c) The holder of a Rotorcraft External-Load Operator Certificate
shall report any change in designation of chief pilot or assistant chief
pilot immediately to the FAA certificate-holding office. The new chief
pilot must be designated and must comply with 133.23 within 30 days or
the operator may not conduct further operations under the Rotorcraft
External-Load Operator Certificate unless otherwise authorized by the
FAA certificate-holding office.
(Doc. No. 1529, 29 FR 603, Jan. 24, 1964, as amended by Amdt. 133-9,
51 FR 40707, Nov. 7, 1986)
14 CFR 133.23 Knowledge and skill.
(a) Except as provided in paragraph (d) of this section, the
applicant, or the chief pilot designated in accordance with 133.21(b),
must demonstrate to the Administrator satisfactory knowledge and skill
regarding rotorcraft external-load operations as set forth in paragraphs
(b) and (c) of this section.
(b) The test of knowledge (which may be oral or written, at the
option of the applicant) covers the following subjects:
(1) Steps to be taken before starting operations, including a survey
of the flight area.
(2) Proper method of loading, rigging, or attaching the external
load.
(3) Performance capabilities, under approved operating procedures and
limitations, of the rotorcraft to be used.
(4) Proper instructions of flight crew and ground workers.
(5) Appropriate rotorcraft-load combination flight manual.
(c) The test of skill requires appropriate maneuvers for each class
requested. The appropriate maneuvers for each load class must be
demonstrated in the rotorcraft prescribed in 133.19.
(1) Takeoffs and landings.
(2) Demonstration of directional control while hovering.
(3) Acceleration from a hover.
(4) Flight at operational airspeeds.
(5) Approaches to landing or working area.
(6) Maneuvering the external load into the release position.
(7) Demonstration of winch operation, if a winch is installed to
hoist the external load.
(d) Compliance with paragraphs (b) and (c) of this section need not
be shown if the Administrator finds, on the basis of the applicant's (or
his designated chief pilot's) previous experience and safety record in
rotorcraft external-load operations, that his knowledge and skill are
adequate.
(Doc. No. 1529, 29 FR 603, Jan. 24, 1964, as amended by Amdt. 133-9,
51 FR 40707, Nov. 7, 1986)
14 CFR 133.25 Amendment of certificate.
(a) The holder of a Rotorcraft External-Load Certificate may apply to
the FAA Flight Standards District Office having jurisdiction over the
area in which the applicant's home base of operation is located, or to
the Flight Standards District Office nearest the area in which
operations are to be conducted, for an amendment of the applicant's
certificate, to add or delete a rotorcraft-load combination
authorization, by executing the appropriate portion of the form used in
applying for a Rotorcraft External-Load Operator Certificate. If the
applicant for the amendment shows compliance with 133.19, and 133.49,
the Flight Standards District Office issues an amended Rotorcraft
External-Load Operator Certificate to the applicant with authorization
to operate with those classes of rotorcraft-load combinations for which
the applicant complies with the applicable provisions of subpart D of
this part.
(b) The holder of a rotorcraft external-load certificate may apply
for an amendment to add or delete a rotorcraft authorization by
submitting to the certificate-holding FAA Flight Standards District
Office a new list of rotorcraft, by registration number, with the
classes of rotorcraft-load combinations for which authorization is
requested.
(Amdt. 133-8, 43 FR 52206, Nov. 9, 1978, as amended by Amdt. 133-9,
51 FR 40707, Nov. 7, 1986; Amdt. 133-11, 54 FR 39294, Sept. 25, 1989)
14 CFR 133.27 Availability, transfer, and surrender of certificate.
(a) Each holder of a rotorcraft external-load operator certificate
shall keep that certificate and a list of authorized rotorcraft at the
home base of operations and shall make it available for inspection by
the Administrator upon request.
(b) Each person conducting a rotorcraft external-load operation shall
carry a facsimile of the Rotorcraft External-Load Operator Certificate
in each rotorcraft used in the operation.
(c) If the Administrator suspends or revokes a Rotorcraft
External-Load Operator Certificate, the holder of that certificate shall
return it to the Administrator. If the certificate holder, for any
other reason, discontinues operations under his certificate, and does
not resume operations within two years, he shall return the certificate
to the FAA Flight Standards District Office having jurisdiction over the
area in which his home base of operations is located.
(Doc. No. 1529, 29 FR 603, Jan. 24, 1964, as amended by Amdt. 133-9,
51 FR 40708, Nov. 7, 1986; Amdt. 133-11, 54 FR 39294, Sept. 25, 1989)
14 CFR 133.27 Subpart C -- Operating Rules and Related Requirements
14 CFR 133.31 Emergency operations.
(a) In an emergency involving the safety of persons or property, the
certificate holder may deviate from the rules of this part to the extent
required to meet that emergency.
(b) Each person who, under the authority of this section, deviates
from a rule of this part shall notify the Administrator within 10 days
after the deviation. Upon the request of the Administrator, that person
shall provide the certificate-holding FAA Flight Standards District
Office a complete report of the aircraft operation involved, including a
description of the deviation and reasons for it.
(Doc. No. 24550, Amdt. 133-9, 51 FR 40708, Nov. 7, 1986, as amended
by Amdt. 133-11, 54 FR 39294, Sept. 25, 1989)
14 CFR 133.33 Operating rules.
(a) No person may conduct a rotorcraft external-load operation
without, or contrary to, the Rotorcraft-Load Combination Flight Manual
prescribed in 133.47.
(b) No person may conduct a rotorcraft external-load operation unless
--
(1) The rotorcraft complies with 133.19; and
(2) The rotorcraft and rotorcraft-load combination is authorized
under the Rotorcraft External-Load Operator Certificate.
(c) Before a person may operate a rotorcraft with an external-load
configuration that differs substantially from any that person has
previously carried with that type of rotorcraft (whether or not the
rotorcraft-load combination is of the same class), that person must
conduct, in a manner that will not endanger persons or property on the
surface, such of the following flight-operational checks as the
Administrator determines are appropriate to the rotorcraft-load
combination:
(1) A determination that the weight of the rotorcraft-load
combination and the location of its center of gravity are within
approved limits, that the external load is securely fastened, and that
the external load does not interfere with devices provided for its
emergency release.
(2) Make an initial liftoff and verify that controllability is
satisfactory.
(3) While hovering, verify that directional control is adequate.
(4) Accelerate into forward flight to verify that no attitude
(whether of the rotorcraft or of the external load) is encountered in
which the rotorcraft is uncontrollable or which is otherwise hazardous.
(5) In forward flight, check for hazardous oscillations of the
external load, but if the external load is not visible to the pilot,
other crewmembers or ground personnel may make this check and signal the
pilot.
(6) Increase the forward airspeed and determine an operational
airspeed at which no hazardous oscillation or hazardous aerodynamic
turbulence is encountered.
(d) Notwithstanding the provisions of part 91 of this chapter, the
holder of a Rotorcraft External-Load Operator Certificate may conduct
(in rotorcraft type certificated under and meeting the requirements of
part 27 or 29 of this chapter, including the external-load attaching
means) rotorcraft external-load operations over congested areas if those
operations are conducted without hazard to persons or property on the
surface and comply with the following:
(1) The operator must develop a plan for each complete operation,
coordinate this plan with the FAA Flight Standards District Office
having jurisdiction over the area in which the operation will be
conducted, and obtain approval for the operation from that district
office. The plan must include an agreement with the appropriate
political subdivision that local officials will exclude unauthorized
persons from the area in which the operation will be conducted,
coordination with air traffic control, if necessary, and a detailed
chart depicting the flight routes and altitudes.
(2) Each flight must be conducted at an altitude, and on a route,
that will allow a jettisonable external load to be released, and the
rotorcraft landed, in an emergency without hazard to persons or property
on the surface.
(e) Notwithstanding the provisions of part 91 of this chapter, and
except as provided in 133.45(d), the holder of a Rotorcraft
External-Load Operator Certificate may conduct external-load operations,
including approaches, departures, and load positioning maneuvers
necessary for the operation, below 500 feet above the surface and closer
than 500 feet to persons, vessels, vehicles, and structures, if the
operations are conducted without creating a hazard to persons or
property on the surface.
(f) No person may conduct rotorcraft external-load operations under
IFR unless specifically approved by the Administrator. However, under
no circumstances may a person be carried as part of the external-load
under IFR.
(Doc. No. 24550, Amdt. No. 133-9, 51 FR 40708, Nov. 7, 1986, as
amended by Amdt. 133-11, 54 FR 39294, Sept. 25, 1989)
14 CFR 133.35 Carriage of persons.
(a) No certificate holder may allow a person to be carried during
rotorcraft external-load operations unless that person --
(1) Is a flight crewmember;
(2) Is a flight crewmember trainee;
(3) Performs an essential function in connection with the
external-load operation; or
(4) Is necessary to accomplish the work activity directly associated
with that operation.
(b) The pilot in command shall ensure that all persons are briefed
before takeoff on all pertinent procedures to be followed (including
normal, abnormal, and emergency procedures) and equipment to be used
during the external-load operation.
(Doc. No. 24550, Amdt. No. 133-9, 51 FR 40708, Nov. 7, 1986)
14 CFR 133.37 Crewmember training, currency, and testing requirements.
(a) No certificate holder may use, nor may any person serve, as a
pilot in operations conducted under this part unless that person --
(1) Has successfully demonstrated,to the Administrator knowledge and
skill with respect to the rotorcraft-load combination in accordance with
133.23 (in the case of a pilot other than the chief pilot or an
assistant chief pilot who has been designated in accordance with
133.21(b), this demonstration may be made to the chief pilot or
assistant chief pilot); and
(2) Has in his or her personal possession a letter of competency or
an appropriate logbook entry indicating compliance with paragraph (a)(1)
of this section.
(b) No certificate holder may use, nor may any person serve as, a
crewmember or other operations personnel in Class D operations conducted
under this part unless, within the preceding 12 calendar months, that
person has successfully completed either an approved initial or a
recurrent training program.
(c) Notwithstanding the provisions of paragraph (b) of this section,
a person who has performed a rotorcraft external-load operation of the
same class and in an aircraft of the same type within the past 12
calendar months need not undergo recurrent training.
(Doc. No. 24550, Amdt. No. 133-9, 51 FR 40708, Nov. 7, 1986)
14 CFR 133.39 Inspection authority.
Each person conducting an operation under this part shall allow the
Administrator to make any inspections or tests that he considers
necessary to determine compliance with the Federal Aviation Regulations
and the Rotorcraft External-Load Operator Certificate.
(Doc. No. 1529, 29 FR 603, Jan. 24, 1964. Redesignated by Amdt.
133-9, 51 FR 40708, Nov. 7, 1986)
14 CFR 133.39 Subpart D -- Airworthiness Requirements
14 CFR 133.41 Flight characteristics requirements.
(a) The applicant must demonstrate to the Administrator, by
performing the operational flight checks prescribed in paragraphs (b),
(c), and (d) of this section, as applicable, that the rotorcraft-load
combination has satisfactory flight characteristics, unless these
operational flight checks have been demonstrated previously and the
rotorcraft-load combination flight characteristics were satisfactory.
For the purposes of this demonstration, the external-load weight
(including the external-load attaching means) is the maximum weight for
which authorization is requested.
(b) Class A rotorcraft-load combinations: The operational flight
check must consist of at least the following maneuvers:
(1) Take off and landing.
(2) Demonstration of adequate directional control while hovering.
(3) Acceleration from a hover.
(4) Horizontal flight at airspeeds up to the maximum airspeed for
which authorization is requested.
(c) Class B and D rotorcraft-load combinations: The operational
flight check must consist of at least the following maneuvers:
(1) Pickup of the external load.
(2) Demonstration of adequate directional control while hovering.
(3) Acceleration from a hover.
(4) Horizontal flight at airspeeds up to the maximum airspeed for
which authorization is requested.
(5) Demonstrating appropriate lifting device operation.
(6) Maneuvering of the external load into release position and its
release, under probable flight operation conditions, by means of each of
the quick-release controls installed on the rotorcraft.
(d) Class C rotorcraft-load combinations: For Class C
rotorcraft-load combinations used in wire-stringing, cable-laying, or
similar operations, the operational flight check must consist of the
maneuvers, as applicable, prescribed in paragraph (c) of this section.
(Doc. No. 1529, 29 FR 603, Jan. 24, 1964, as amended by Amdt. 133-5,
41 FR 55475, Dec. 20, 1976; Amdt. 133-9, 51 FR 40709, Nov. 7, 1986)
14 CFR 133.43 Structures and design.
(a) External-load attaching means. Each external-load attaching
means must have been approved under --
(1) Part 8 of the Civil Air Regulations on or before January 17,
1964;
(2) Part 133, before February 1, 1977;
(3) Part 27 or 29 of this chapter, as applicable, irrespective of the
date of approval; or
(4) Section 21.25 of this chapter.
(b) Quick release devices. Each quick release device must have been
approved under --
(1) Part 27 or 29 of this chapter, as applicable;
(2) Part 133, before February 1, 1977; or
(3) Section 21.25 of this chapter, except the device must comply with
27.865(b) and 29.865(b), as applicable, of this chapter.
(c) Weight and center of gravity --
(1) Weight. The total weight of the rotorcraft-load combination must
not exceed the total weight approved for the rotorcraft during its type
certification.
(2) Center of gravity. The location of the center of gravity must,
for all loading conditions, be within the range established for the
rotorcraft during its type certification. For Class C rotorcraft-load
combinations, the magnitude and direction of the loading force must be
established at those values for which the effective location of the
center of gravity remains within its established range.
(Amdt. 133-5, 41 FR 55475, Dec. 20, 1976, as amended by Amdt.
133-12, 55 FR 8006, Mar. 6, 1990)
14 CFR 133.45 Operating limitations.
In addition to the operating limitations set forth in the approved
Rotorcraft Flight Manual, and to any other limitations the Administrator
may prescribe, the operator shall establish at least the following
limitations and set them forth in the Rotorcraft-Load Combination Flight
Manual for rotorcraft-load combination operations:
(a) The rotorcraft-load combination may be operated only within the
weight and center of gravity limitations established in accordance with
133.43(c).
(b) The rotorcraft-load combination may not be operated with an
external load weight exceeding that used in showing compliance with
133.41 and 133.43.
(c) The rotorcraft-load combination may not be operated at airspeeds
greater than those established in accordance with 133.41 (b), (c), and
(d).
(d) No person may conduct an external-load operation under this part
with a rotorcraft type certificated in the restricted category under
21.25 of this chapter over a densely populated area, in a congested
airway, or near a busy airport where passenger transport operations are
conducted.
(e) The rotorcraft-load combination of Class D may be conducted only
in accordance with the following:
(1) The rotorcraft to be used must have been type certificated under
transport Category A for the operating weight and provide hover
capability with one engine inoperative at that operating weight and
altitude.
(2) The rotorcraft must be equipped to allow direct radio
intercommunication among required crewmembers.
(3) The personnel lifting device must be FAA approved.
(4) The lifting device must have an emergency release requiring two
distinct actions.
(Doc. No. 1529, 29 FR 603, Jan. 24, 1964, as amended by Amdt. 133-1,
30 FR 883, Jan. 28, 1965; Amdt. 133-5, 41 FR 55476, Dec. 20, 1976;
Amdt. 133-6, 42 FR 24198, May 12, 1977; Amdt. 133-9, 51 FR 40709, Nov.
7, 1986)
14 CFR 133.47 Rotorcraft-load combination flight manual.
The applicant must prepare a Rotorcraft-Load Combination Flight
Manual and submit it for approval by the Administrator. The manual must
be prepared in accordance with the rotorcraft flight manual provisions
of subpart G of part 27 or 29 of this chapter, whichever is applicable.
The limiting height-speed envelope data need not be listed as operating
limitations. The manual must set forth --
(a) Operating limitations, procedures (normal and emergency),
performance, and other information established under this subpart;
(b) The class of rotorcraft-load combinations for which the
airworthiness of the rotorcraft has been demonstrated in accordance with
133.41 and 133.43; and
(c) In the information section of the Rotorcraft-Load Combination
Flight Manual --
(1) Information on any peculiarities discovered when operating
particular rotorcraft-load combinations;
(2) Precautionary advice regarding static electricity discharges for
Class B, Class C, and Class D rotorcraft-load combinations; and
(3) Any other information essential for safe operation with external
loads.
(Doc. No. 1529, 29 FR 603, Jan. 24, 1964, as amended by Amdt. 133-9,
51 FR 40709, Nov. 7, 1986)
14 CFR 133.49 Markings and placards.
The following markings and placards must be displayed conspicuously
and must be such that they cannot be easily erased, disfigured, or
obscured:
(a) A placard (displayed in the cockpit or cabin) stating the class
of rotorcraft-load combination for which the rotorcraft has been
approved and the occupancy limitation prescribed in 133.45(a).
(b) A placard, marking, or instruction (displayed next to the
external-load attaching means) stating the maximum external load
prescribed as an operating limitation in 133.45(c).
14 CFR 133.51 Airworthiness certification.
A Rotorcraft External-Load Operator Certificate is a current and
valid airworthiness certificate for each rotorcraft type certificated
under part 27 or 29 of this chapter (or their predecessor parts) and
listed by registration number on a list attached to the certificate,
when the rotorcraft is being used in operations conducted under this
part.
(Doc. No. 24550, Amdt. No. 133-9, 51 FR 40709, Nov. 7, 1986)
14 CFR 133.51 Pt. 135
14 CFR 133.51 PART 135 -- AIR TAXI OPERATORS AND COMMERCIAL OPERATORS
SFAR No. 36 (Note)
SFAR No. 38-2 (Note)
SFAR No. 50-2 (Note)
SFAR No. 52
SFAR No. 58 (Note)
14 CFR 133.51 Subpart A -- General
Sec.
135.1 Applicability.
135.2 Air taxi operations with large aircraft.
135.3 Rules applicable to operations subject to this part.
135.5 Certificate and operations specifications required.
135.7 Applicability of rules to unauthorized operators.
135.9 Duration of certificate.
135.10 Compliance dates for certain rules.
135.11 Application and issue of certificate and operations
specifications.
135.13 Eligibility for certificate and operations specifications.
135.15 Amendment of certificate.
135.17 Amendment of operations specifications.
135.19 Emergency operations.
135.21 Manual requirements.
135.23 Manual contents.
135.25 Aircraft requirements.
135.27 Business office and operations base.
135.29 Use of business names.
135.31 Advertising.
135.33 Area limitations on operations.
135.35 Termination of operations.
135.37 Management personnel required.
135.39 Management personnel qualifications.
135.41 Carriage of narcotic drugs, marihuana, and depressant or
stimulant drugs or substances.
135.43 Crewmember certificate: International operations:
Application and issue.
14 CFR 133.51 Subpart B -- Flight Operations
135.61 General.
135.63 Recordkeeping requirements.
135.65 Reporting mechanical irregularities.
135.67 Reporting potentially hazardous meteorological conditions and
irregularities of communications or navigation facilities.
135.69 Restriction or suspension of operations: Continuation of
flight in an emergency.
135.71 Airworthiness check.
135.73 Inspections and tests.
135.75 Inspectors credentials: Admission to pilots' compartment:
Forward observer's seat.
135.77 Responsibility for operational control.
135.79 Flight locating requirements.
135.81 Informing personnel of operational information and appropriate
changes.
135.83 Operating information required.
135.85 Carriage of persons without compliance with the
passenger-carrying provisions of this part.
135.87 Carriage of cargo including carry-on baggage.
135.89 Pilot requirements: Use of oxygen.
135.91 Oxygen for medical use by passengers.
135.93 Autopilot: Minimum altitudes for use.
135.95 Airmen: Limitations on use of services.
135.97 Aircraft and facilities for recent flight experience.
135.99 Composition of flight crew.
135.100 Flight crewmember duties.
135.101 Second in command required in IFR conditions.
135.103 Exception to second in command requirement: IFR operations.
135.105 Exception to second in command requirement: Approval for use
of autopilot system.
135.107 Flight attendant crewmember requirement.
135.109 Pilot in command or second in command: Designation required.
135.111 Second in command required in category II operations.
135.113 Passenger occupancy of pilot seat.
135.115 Manipulation of controls.
135.117 Briefing of passengers before flight.
135.119 Prohibition against carriage of weapons.
135.121 Alcoholic beverages.
135.123 Emergency and emergency evacuation duties.
135.125 Airplane security.
135.127 Passenger information.
135.129 Exit row seating.
14 CFR 133.51 Subpart C -- Aircraft and Equipment
135.141 Applicability.
135.143 General requirements.
135.145 Aircraft proving tests.
135.147 Dual controls required.
135.149 Equipment requirements: General.
135.150 Public address and crewmember interphone systems.
135.151 Cockpit voice recorders.
135.152 Flight recorders.
135.153 Ground proximity warning system.
135.155 Fire extinguishers: Passenger-carrying aircraft.
135.157 Oxygen equipment requirements.
135.158 Pitot heat indication systems.
135.159 Equipment requirements: Carrying passengers under VFR at
night or under VFR over-the-top conditions.
135.161 Radio and navigational equipment: Carrying passengers under
VFR at night or under VFR over-the-top.
135.163 Equipment requirements: Aircraft carrying passengers under
IFR.
135.165 Radio and navigational equipment: Extended overwater or IFR
operations.
135.167 Emergency equipment: Extended overwater operations.
135.169 Additional airworthiness requirements.
135.170 Materials for compartment interiors.
135.171 Shoulder harness installation at flight crewmember stations.
135.173 Airborne thunderstorm detection equipment requirements.
135.175 Airborne weather radar equipment requirements.
135.177 Emergency equipment requirements for aircraft having a
passenger seating configuration of more than 19 passengers.
135.179 Inoperable instruments and equipment.
135.180 Traffic Alert and Collision Avoidance System.
135.181 Performance requirements: Aircraft operated over-the-top or
in IFR conditions.
135.183 Performance requirements: Land aircraft operated over water.
135.185 Empty weight and center of gravity: Currency requirement.
14 CFR 133.51 Subpart D -- VFR/IFR Operating Limitations and Weather
Requirements
135.201 Applicability.
135.203 VFR: Minimum altitudes.
135.205 VFR: Visibility requirements.
135.207 VFR: Helicopter surface reference requirements.
135.209 VFR: Fuel supply.
135.211 VFR: Over-the-top carrying passengers: Operating
limitations.
135.213 Weather reports and forecasts.
135.215 IFR: Operating limitations.
135.217 IFR: Takeoff limitations.
135.219 IFR: Destination airport weather minimums.
135.221 IFR: Alternate airport weather minimums.
135.223 IFR: Alternate airport requirements.
135.225 IFR: Takeoff, approach and landing minimums.
135.227 Icing conditions: Operating limitations.
135.229 Airport requirements.
14 CFR 133.51 Subpart E -- Flight Crewmember Requirements
135.241 Applicability.
135.243 Pilot in command qualifications.
135.244 Operating experience.
135.245 Second in command qualifications.
135.247 Pilot qualifications: Recent experience.
135.249 Use of prohibited drugs.
135.251 Testing for prohibited drugs.
14 CFR 133.51 Subpart F -- Flight Crewmember Flight Time Limitations
and Rest Requirements
135.261 Applicability.
135.263 Flight time limitations and rest requirements: All
certificate holders.
135.265 Flight time limitations and rest requirements: Scheduled
operations.
135.267 Flight time limitations and rest requirements: Unscheduled
one- and two-pilot crews.
135.269 Flight time limitation and rest requirements: Unscheduled
three- and four-pilot crews.
135.271 Helicopter hospital emergency medical evacuation service
(HEMES).
14 CFR 133.51 Subpart G -- Crewmember Testing Requirements
135.291 Applicability.
135.293 Initial and recurrent pilot testing requirements.
135.295 Initial and recurrent flight attendant crewmember testing
requirements.
135.297 Pilot in command: Instrument proficiency check requirements.
135.299 Pilot in command: Line checks: Routes and airports.
135.301 Crewmember: Tests and checks, grace provisions, training to
accepted standards.
135.303 Check pilot authorization: Application and issue.
14 CFR 133.51 Subpart H -- Training
135.321 Applicability and terms used.
135.323 Training program: General.
135.325 Training program and revision: Initial and final approval.
135.327 Training program: Curriculum.
135.329 Crewmember training requirements.
135.331 Crewmember emergency training.
135.333 Training requirements: Handling and carriage of hazardous
materials.
135.335 Approval of aircraft simulators and other training devices.
135.337 Training program: Check airmen and instructor
qualifications.
135.339 Check airmen and flight instructors: Initial and transition
training.
135.341 Pilot and flight attendant crewmember training programs.
135.343 Crewmember initial and recurrent training requirements.
135.345 Pilots: Initial, transition, and upgrade ground training.
135.347 Pilots: Initial, transition, upgrade, and differences flight
training.
135.349 Flight attendants: Initial and transition ground training.
135.351 Recurrent training.
135.353 Prohibited drugs.
14 CFR 133.51 Subpart I -- Airplane Performance Operating Limitations
135.361 Applicability.
135.363 General.
135.365 Large transport category airplanes: Reciprocating engine
powered: Weight limitations.
135.367 Large transport category airplanes: Reciprocating engine
powered: Takeoff limitations.
135.369 Large transport category airplanes: Reciprocating engine
powered: En route limitations: All engines operating.
135.371 Large transport category airplanes: Reciprocating engine
powered: En route limitations: One engine inoperative.
135.373 Part 25 transport category airplanes with four or more
engines: Reciprocating engine powered: En route limitations: Two
engines inoperative.
135.375 Large transport category airplanes: Reciprocating engine
powered: Landing limitations: Destination airports.
135.377 Large transport category airplanes: Reciprocating engine
powered: Landing limitations: Alternate airports.
135.379 Large transport category airplanes: Turbine engine powered:
Takeoff limitations.
135.381 Large transport category airplanes: Turbine engine powered:
En route limitations: One engine inoperative.
135.383 Large transport category airplanes: Turbine engine powered:
En route limitations: Two engines inoperative.
135.385 Large transport category airplanes: Turbine engine powered:
Landing limitations: Destination airports.
135.387 Large transport category airplanes: Turbine engine powered:
Landing limitations: Alternate airports.
135.389 Large nontransport category airplanes: Takeoff limitations.
135.391 Large nontransport category airplanes: En route limitations:
One engine inoperative.
135.393 Large nontransport category airplanes: Landing limitations:
Destination airports.
135.395 Large nontransport category airplanes: Landing limitations:
Alternate airports.
135.397 Small transport category airplane performance operating
limitations.
135.398 Commuter category airplanes performance operating
limitations.
135.399 Small nontransport category airplane performance operating
limitations.
14 CFR 133.51 Subpart J -- Maintenance, Preventive Maintenance, and
Alterations
135.411 Applicability.
135.413 Responsibility for airworthiness.
135.415 Mechanical reliability reports.
135.417 Mechanical interruption summary report.
135.419 Approved aircraft inspection program.
135.421 Additional maintenance requirements.
135.423 Maintenance, preventive maintenance, and alteration
organization.
135.425 Maintenance, preventive maintenance, and alteration programs.
135.427 Manual requirements.
135.429 Required inspection personnel.
135.431 Continuing analysis and surveillance.
135.433 Maintenance and preventive maintenance training program.
135.435 Certificate requirements.
135.437 Authority to perform and approve maintenance, preventive
maintenance, and alterations.
135.439 Maintenance recording requirements.
135.441 Transfer of maintenance records.
135.443 Airworthiness release or aircraft log entry.
Appendix A to Part 135 -- Additional Airworthiness Standards for 10
or More Passenger Airplanes
Appendix B to Part 135 -- Airplane Flight Recorder Specifications
Appendix C to Part 135 -- Helicopter Flight Recorder Specifications
Appendix D to Part 135 -- Airplane Flight Recorder Specification
Appendix E to Part 135 -- Helicopter Flight Recorder Specifications
Authority: 49 U.S.C. app. 1354(a), 1355(a), 1421 through 1431, and
1502; 49 U.S.C. 106(g).
Source: Docket No. 16097, 43 FR 46783, Oct. 10, 1978, unless
otherwise noted.
14 CFR 133.51 Special Federal Aviation Regulations
14 CFR 133.51 SFAR No. 36
14 CFR 133.51 SFAR No. 36
Editorial Note: For the text of SFAR No. 36, see part 121 of this
chapter.
14 CFR 133.51 SFAR No. 38-2
14 CFR 133.51 SFAR No. 38-2
Editorial Note: For the text of SFAR No. 38-2, see part 121 of this
chapter.
14 CFR 133.51 SFAR No. 50-2
14 CFR 133.51 SFAR No. 50-2
Editorial Note: For the text of SFAR No. 50-2, see part 91 of this
chapter.
14 CFR 133.51 SFAR No. 52
14 CFR 133.51 SFAR No. 52 -- Extension of Compliance Date of Seat
Cushion Flammability Regulation for Large Airplanes Operated Under Part
135 in Other Than Commuter Air Carrier Operations
Contrary provisions of 121.312 and 135.169 of this chapter
notwithstanding, for airplanes type certificated after January 1, 1958,
after February 24, 1988, seat cushions in any compartment occupied by
crew or passengers (except those on flight crewmember seats) in large
airplanes operated under part 135 of this chapter, except large
airplanes used in commuter air carrier operations, must comply with the
requirements pertaining to fire protection of seat cushions in
25.853(c), effective November 26, 1984, and appendix F to part 25 of
this chapter, effective November 26, 1984, unless an alternative
compliance plan has been approved by the Administrator.
For airplanes type certificated after January 1, 1958, after November
26, 1987, seat cushions in any compartment occupied by crew or
passengers (except those on flight crewmember seats) in large airplanes
operated under part 135 of this chapter and used in commuter air carrier
operations must comply with the requirements pertaining to fire
protection of seat cushions in 25.853(c), effective November 26, 1984,
and appendix F to part 25 of this chapter, effective November 26, 1984.
This Special Federal Aviation Regulation terminates on December 1,
1988.
(Doc. No. 25477, 52 FR 45913, Dec. 2, 1987)
14 CFR 133.51 SFAR No. 58
14 CFR 133.51 SFAR No. 58
Editorial Note: For the text of SFAR No. 58, see part 121 of this
chapter.
14 CFR 133.51 Subpart A -- General
14 CFR 135.1 Applicability.
(a) Except as provided in paragraph (b) of this section, this part
prescribes rules governing --
(1) Air taxi operations conducted under the exemption authority of
part 298 of this title;
(2) The transportation of mail by aircraft conducted under a postal
service contract awarded under section 5402c of title 39, U.S.C.;
(3) The carriage in air commerce of persons or property for
compensation or hire as a commercial operator (not an air carrier) in
aircraft having a maximum seating capacity of less than 20 passengers or
a maximum payload capacity of less than 6,000 pounds, or the carriage in
air commerce of persons or property in common carriage operations solely
between points entirely within any state of the United States in
aircraft having a maximum seating capacity of 30 seats or less or a
maximum payload capacity of 7,500 pounds or less; and
(4) Each person who applies for provisional approval of an Advanced
Qualification Program curriculum, curriculum segment, or portion of a
curriculum segment under SFAR No. 58 and each person employed or used
by an air carrier or commercial operator under this part to perform
training, qualification, or evaluation functions under an Advanced
Qualification Program under SFAR No. 58; and
(5) Each person who is on board an aircraft being operated under this
part.
(b) Except as provided in paragraph (c) of this section, this part
does not apply to --
(1) Student instruction;
(2) Nonstop sightseeing flights that begin and end at the same
airport, and are conducted within a 25 statute mile radius of that
airport;
(3) Ferry or training flights;
(4) Aerial work operations, including --
(i) Crop dusting, seeding, spraying, and bird chasing;
(ii) Banner towing;
(iii) Aerial photography or survey;
(iv) Fire fighting;
(v) Helicopter operations in construction or repair work (but not
including transportation to and from the site of operations); and
(vi) Powerline or pipeline patrol, or similar types of patrol
approved by the Administrator;
(5) Sightseeing flights conducted in hot air balloons;
(6) Nonstop flights conducted within a 25 statute mile radius of the
airport of takeoff carrying persons for the purpose of intentional
parachute jumps;
(7) Helicopter flights conducted within a 25 statute mile radius of
the airport of takeoff, if --
(i) Not more than two passengers are carried in the helicopter in
addition to the required flight crew;
(ii) Each flight is made under VFR during the day;
(iii) The helicopter used is certificated in the standard category
and complies with the 100-hour inspection requirements of part 91 of
this chapter;
(iv) The operator notifies the FAA Flight Standards District Office
responsible for the geographic area concerned at least 72 hours before
each flight and furnishes any essential information that the office
requests;
(v) The number of flights does not exceed a total of six in any
calendar year;
(vi) Each flight has been approved by the Administrator; and
(vii) Cargo is not carried in or on the helicopter;
(8) Operations conducted under part 133 or 375 of this title;
(9) Emergency mail service conducted under section 405(h) of the
Federal Aviation Act of 1958; or
(10) This part does not apply to operations conducted under the
provisions of 91.321.
(c) For the purpose of 135.249, 135.251, and 135.353 operator means
any person or entity conducting non-stop sightseeing flights for
compensation or hire in an airplane or rotorcraft that begin and end at
the same airport and are conducted within a 25 statute mile radius of
that airport.
(d) Notwithstanding the provisions of paragraph (c) of this section,
an operator who does not hold a part 121 certificate or a part 135
certificate is permitted to use a person, who is otherwise authorized to
perform aircraft maintenance or preventive maintenance duties and who is
not subject to the requirements of an FAA-approved anti-drug program, to
perform --
(1) Aircraft maintenance or preventive maintenance on the operator's
aircraft if the operator would be required to transport the aircraft
more than 50 nautical miles further than the closest available repair
point from the operator's principal place of operations to obtain these
services; or
(2) Emergency repairs on the operator's aircraft if the aircraft
cannot be safely operated to a location where an employee subject to the
requirements of this appendix can perform the emergency repairs.
(Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt.
135-5, 45 FR 43162, June 26, 1980; Amdt. 135-7, 45 FR 67235, Oct. 9,
1980; Amdt. 135-20, 51 FR 40709, Nov. 7, 1986; Amdt. 135-28, 53 FR
47060, Nov. 21, 1988; Amdt. 135-32, 54 FR 34332, Aug. 18, 1989; Amdt.
135-37, 55 FR 40278, Oct. 2, 1990; Amdt. 135-40, 56 FR 43976, Sept. 5,
1991))
14 CFR 135.2 Air taxi operations with large aircraft.
(a) Except as provided in paragraph (d) of this section, no person
may conduct air taxi operations in large aircraft under an individual
exemption and authorization issued by the Civil Aeronautics Board or
under the exemption authority of part 298 of this title, unless that
person --
(1) Complies with the certification requirements for supplemental air
carriers in part 121 of this chapter, except that the person need not
obtain, and that person is not eligible for, a certificate under that
part; and
(2) Conducts those operations under the rules of part 121 of this
chapter that apply to supplemental air carriers.
However, the Administrator may issue operations specifications which
require an operator to comply with the rules of part 121 of this chapter
that apply to domestic or flag air carriers, as appropriate, in place of
the rules required by paragraph (a)(2) of this section, if the
Administrator determines compliance with those rules is necessary to
provide an appropriate level of safety for the operation.
(b) The holder of an operating certificate issued under this part who
is required to comply with subpart L of part 121 of this chapter, under
paragraph (a) of this section, may perform and approve maintenance,
preventive maintenance, and alterations on aircraft having a maximum
passenger seating configuration, excluding any pilot seat, of 30 seats
or less and a maximum payload capacity of 7,500 pounds or less as
provided in that subpart. The aircraft so maintained shall be
identified by registration number in the operations specifications of
the certificate holder using the aircraft.
(c) Operations that are subject to paragraph (a) of this section are
not subject to 135.21 through 135.43 of subpart A and subparts B
through J of this part. Seaplanes used in operations that are subject
to paragraph (a) of this section are not subject to 121.291(a) of this
chapter.
(d) Operations conducted with aircraft having a maximum passenger
seating configuration, excluding any pilot seat, of 30 seats or less,
and a maximum payload capacity of 7,500 pounds or less shall be
conducted under the rules of this part. However, a certificate holder
who is conducting operations on December 1, 1978, in aircraft described
in this paragraph may continue to operate under paragraph (a) of this
section.
(e) For the purposes of this part --
(1) Maximum payload capacity means:
(i) For an aircraft for which a maximum zero fuel weight is
prescribed in FAA technical specifications, the maximum zero fuel
weight, less empty weight, less all justifiable aircraft equipment, and
less the operating load (consisting of minimum flight crew, foods and
beverages and supplies and equipment related to foods and beverages, but
not including disposable fuel or oil);
(ii) For all other aircraft, the maximum certificated takeoff weight
of an aircraft, less the empty weight, less all justifiable aircraft
equipment, and less the operating load (consisting of minimum fuel load,
oil, and flight crew). The allowance for the weight of the crew, oil,
and fuel is as follows:
(A) Crew -- 200 pounds for each crewmember required under this
chapter.
(B) Oil -- 350 pounds.
(C) Fuel -- the minimum weight of fuel required under this chapter
for a flight between domestic points 174 nautical miles apart under VFR
weather conditions that does not involve extended overwater operations.
(2) Empty weight means the weight of the airframe, engines,
propellers, rotors, and fixed equipment. Empty weight excludes the
weight of the crew and payload, but includes the weight of all fixed
ballast, unusable fuel supply, undrainable oil, total quantity of engine
coolant, and total quantity of hydraulic fluid.
(3) Maximum zero fuel weight means the maximum permissible weight of
an aircraft with no disposable fuel or oil. The zero fuel weight figure
may be found in either the aircraft type certificate data sheet or the
approved Aircraft Flight Manual, or both.
(4) For the purposes of this paragraph, justifiable aircraft
equipment means any equipment necessary for the operation of the
aircraft. It does not include equipment or ballast specifically
installed, permanently or otherwise, for the purpose of altering the
empty weight of an aircraft to meet the maximum payload capacity
specified in paragraph (d) of this section.
14 CFR 135.3 Rules applicable to operations subject to this part.
Each person operating an aircraft in operations under this part shall
--
(a) While operating inside the United States, comply with the
applicable rules of this chapter; and
(b) While operating outside the United States, comply with Annex 2,
Rules of the Air, to the Convention on International Civil Aviation or
the regulations of any foreign country, whichever applies, and with any
rules of parts 61 and 91 of this chapter and this part that are more
restrictive than that Annex or those regulations and that can be
complied with without violating that Annex or those regulations. Annex
2 is incorporated by reference in 91.703(b) of this chapter.
(Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt.
135-32, 54 FR 34332, Aug. 18, 1989)
14 CFR 135.5 Certificate and operations specifications required.
No person may operate an aircraft under this part without, or in
violation of, an air taxi/commercial operator (ATCO) operating
certificate and appropriate operations specifications issued under this
part, or, for operations with large aircraft having a maximum passenger
seating configuration, excluding any pilot seat, of more than 30 seats,
or a maximum payload capacity of more than 7,500 pounds, without, or in
violation of, appropriate operations specifications issued under part
121 of this chapter.
14 CFR 135.7 Applicability of rules to unauthorized operators.
The rules in this part which apply to a person certificated under
135.5 also apply to a person who engages in any operation governed by
this part without an appropriate certificate and operations
specifications required by 135.5.
14 CFR 135.9 Duration of certificate.
(a) An ATCO operating certificate is effective until surrendered,
suspended or revoked. The holder of an ATCO operating certificate that
is suspended or revoked shall return it to the Administrator.
(b) Except as provided in paragraphs (c) and (d) of this section, an
ATCO operating certificate in effect on December 1, 1978, expires on
February 1, 1979. The certificate holder must continue to conduct
operations under part 135 and the operations specifications in effect on
November 30, 1978, until the certificate expires.
(c) If the certificate holder applies before February 1, 1979, for
new operations specifications under this part, the operating certificate
held continues in effect and the certificate holder must continue
operations under part 135 and operations specifications in effect on
November 30, 1978, until the earliest of the following --
(1) The date on which new operations specifications are issued; or
(2) The date on which the Administrator notifies the certificate
holder that the application is denied; or
(3) August 1, 1979.
If new operations specifications are issued under paragraph (c)(1) of
this section, the ATCO operating certificate continues in effect until
surrendered, suspended or revoked under paragraph (a) of this section.
(d) A certificate holder may obtain an extension of the expiration
date in paragraph (c) of this section, but not beyond December 1, 1979,
from the Director, Flight Standards Service, if before July 1, 1979, the
certificate holder --
(1) Shows that due to the circumstances beyond its control it cannot
comply by the expiration date; and
(2) Submits a schedule for compliance, acceptable to the Director,
indicating that compliance will be achieved at the earliest practicable
date.
(e) The holder of an ATCO operating certificate that expires, under
paragraph (b), (c), or (d) of this section, shall return it to the
Administrator.